Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. The demised premises A. Tenant shall be used only use the Leased Premises solely for the purpose of general officeoffice use, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. purpose.
B. Tenant shall comply with all governmental statutes, laws, rules, orders, regulations and ordinances and regulations applicable affecting the Leased Premises or relating to the use or occupancy thereof and all the orders or recommendations of any insurance underwriters, safety engineers, and loss prevention consultants as may from time to time be consulted by Landlord. In addition, if Landlord makes any alteration to any part of the premises, and shall promptly Building as a result of any damage or alteration to the Leased Premises caused or made by or on behalf of Tenant or in order to comply with all governmental orders any requirement of any statutes, laws, rules, orders, regulations and directives for the correction, prevention ordinances and abatement such requirement is a result of nuisances in Tenant’s particular business or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants use of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Leased Premises (as opposed to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiumsgeneral office use), then Tenant shall reimburse Landlord upon demand for the cost thereof. In no event shall Tenant use the Leased Premises for purposes which are prohibited by zoning or similar laws or regulations, or covenants, conditions or restrictions of record. Tenant acknowledges and agrees it is solely responsible for determining if its business complies with the applicable zoning regulations, and that Landlord makes no representation (explicit or implied) concerning such zoning regulations.
C. Tenant shall, at its sole expense: (i) keep the Leased Premises in a good order and condition consistent with the operation of a first-class office building; (ii) pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant’s business, upon the leasehold estate created by this Lease or upon Tenant’s fixtures, furnishings or equipment in the Leased Premises; (iii) not use or permit or suffer the use of any portion of the Leased Premises for any unlawful purpose; (iv) not use the plumbing facilities for any purpose other than that for which they were constructed, or dispose of any foreign substances therein; (v) not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry in accordance with the plans and specifications of the Building, and not install, operate or maintain in the Leased Premises any heavy item of equipment except in such manner as additional rental to achieve a proper distribution of weight; (vi) not strip, overload, damage or deface the Leased Premises, or the hallways, stairways, elevators, parking facilities or other public areas of the Building, or the fixtures therein or used therewith, nor permit any hole to be made in any of the same; (vii) not move any furniture or equipment into or out of the Leased Premises except at such reasonable times and in such manner as Landlord may from time to time reasonably designate; (viii) not install or operate in the Leased Premises any electrical heating, air conditioning or refrigeration equipment, or other equipment not shown on approved plans which will increase the amount of electricity required for use of the Leased Premises as general office space (other than ordinary office equipment such increase as personal computers, printers, copiers and the like) without first obtaining the written consent of Landlord, which shall not be unreasonably withheld; (ix) not install any other equipment of any kind or nature which will or may necessitate any changes, replacements or additions to, or in the use of, the water, heating, plumbing, air conditioning or electrical systems of the Leased Premises or the Building, without first obtaining the written consent of Landlord.
D. In addition to Landlord. and not in limitation of the other restrictions on use of the Leased Premises set forth in this Section 4.02, Tenant hereby agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts following uses of the Leased Premises shall not be considered to be “office use” and equipment pertaining to Tenant's shall not be permitted: (1) any use of the premises shall Leased Premises by an organization or person enjoying sovereign or diplomatic immunity; (2) any use of the Leased Premises by or for any medical, mental health or dental practice; (3) any use of the Leased Premises by or for an employment agency or bureau; (4) any use of the Leased Premises for classroom purposes (other than internal or, on an infrequent basis, customer training purposes); (5) any use of the Leased Premises by or for any user which distributes governmental or other payments, benefits or information to persons that personally appear at the Leased Premises; (6) any other use of the Leased Premises or any portion of the Building by any user that will attract a volume, frequency or type of visitor or employee to the Leased Premises or any portion of the Building which is not exceed allowable design floor loading for floor slabs consistent with the standards of a high quality, first-class office building in the general area of the Building or that will in any way impose an excessive demand or use on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out the facilities or services of such damage the Leased Premises or repair caused by Tenant's negligence or failure to comply with this paragraphthe Building.
Appears in 2 contracts
Sources: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)
Use. The demised premises Tenant shall be used use the Premises only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling permitted use (other than retailas defined in Paragraph 1(h) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablehereof). Tenant will not occupy or use the Premises, or permit any portion of the premises Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any mannermanner or extrahazardous on account of fire, includingnor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, without limitationby reason of acts of Tenant, 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. If there shall be any increase in the fire and extended coverage insurance premiums paid by Landlord rate of Insurance on the Building or other tenants for the building in which Tenant occupies space is caused contents created by Tenant's use and occupancy acts or conduct of the premises, or if business than Tenant vacates the premises and causes an increase in such premiums, then Tenant shall hereby agrees to pay as additional rental to Landlord the amount of such increase to Landlordpromptly. Tenant agrees that will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the point pressure resulting from Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure obligation to comply with this paragraphall laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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 set forth in the two prior sentences immediately preceding, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Except as otherwise expressly provided in this Lease, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement.
Appears in 2 contracts
Sources: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)
Use. (a) The demised premises Premises shall be used only for the purpose of general office, office use and for receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretothereto (the "Permitted Use"); however, and subject to no store-front retail sales ------------- may be made from the Premises. Tenant may not use any building or building complex rules and regulations part of the Premises for any use other than office use without Landlord's consent, which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentbe unreasonably withheld. Tenant shall at its own cost not use the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous, except in compliance with all applicable Laws and expense obtain any and all licenses and permits necessary for any such usein accordance with Section 25. Outside storage is prohibited. Tenant shall comply be solely responsible for complying with all governmental laws, ordinances and regulations Laws applicable to the use use, occupancy, and condition 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 expensePremises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the premises, Premises; nor take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not person; nor permit the premises Premises to be used for any purpose or in any manner, including, without limitation, any method of storage which manner that would render (1) void the insurance thereon void or thereon, (2) increase the insurance risk more hazardous risk, or (3) cause the State Board disallowance of insurance or other insurance authority to disallow any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the fire and extended coverage cost of any insurance premiums paid on the Premises incurred by Landlord or other tenants for the building in Landlord, which Tenant occupies space is caused by Tenant's use and occupancy of the premises, Premises or if because Tenant vacates the premises Premises.
(b) Tenant and causes an increase its employees and invitees may use the parking areas described in such premiumsExhibit E. Landlord shall not be responsible for enforcing --------- Tenant's parking rights against third parties.
(c) Notwithstanding anything in this Lease to the contrary, then as between Landlord and Tenant, Tenant shall pay as additional rental bear the amount risk of complying with Title III of the Americans with Disabilities Act of 1990, the Texas Elimination of Architectural Barriers Act, and all rules, regulations, and guidelines promulgated under either of such increase acts, as they may be amended from time to Landlordtime (collectively, the "Disabilities ------------ Acts"), in the Premises. Tenant agrees However, Landlord warrants that the point pressure resulting from Tenant's racking system, inventory, forklifts Building shell ---- shall be in compliance with the Disabilities Acts and equipment pertaining to Tenant's use other applicable laws as of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphCommencement Date.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇▇,▇▇ seq. (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, including, without limitation, any method of storage which would render increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of insurance any sprinkler or other insurance authority to disallow any sprinkler credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the fire 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 extended coverage insurance premiums paid by 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 for the building in which Tenant occupies space is caused by Tenant's use and occupancy or occupants of the premisesProject, including conducting or giving notice of any auction, liquidation, or if Tenant vacates going out of business sale on the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental or using or allowing the amount of such increase Premises to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading be used for floor slabs on gradeany unlawful purpose. Tenant shall hold harmless Landlord 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 lossmachinery or equipment weighing 500 pounds or more (unless it has a live load of 125 pounds or less per square foot) 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, liabilityTenant shall not, and expenseswithout the prior written consent of Landlord, both real and allegeduse the Premises in any manner which will require ventilation, arising out air exchange, heating, gas, steam, electricity or water beyond the existing capacity of such damage or repair caused by the Project as proportionately allocated to the Premises based upon Tenant's negligence or failure to comply with this paragraph.’s Share as usually furnished for the Permitted Use,
Appears in 2 contracts
Sources: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
Appears in 2 contracts
Sources: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)
Use. (a) The demised premises Premises shall be used only for executive and administrative offices for the purpose conduct of general officeTenant's business, receiving, storing, manufacturing, repairing, shipping limited to the uses specifically set forth in the Basic Lease Information and selling (for no other than retail) products, materials and merchandise made and or distributed purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and for such other lawful purposes uses to be made thereof by Tenant as may be incidental thereto, and subject to any building or building complex rules and regulations which set forth in the Basic Lease Information shall not impair Tenant's constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use of the premises. Outside storage, including without limitation, trucks for executive and other vehicles, is prohibited without Landlord's prior written consentadministrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with with, the premisesPremises, 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 premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space Building is caused by Tenant's use and occupancy of the premisesPremises, or if Tenant vacates the premises Premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Landlord as Additional Rent.
(b) Tenant agrees that the point pressure floor load resulting from Tenant's racking systemfurniture, inventory, forklifts inventory and equipment pertaining to Tenant's use of the premises Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor slabs on gradeloading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability, liability and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphParagraph.
Appears in 2 contracts
Sources: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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, 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. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of Landlord’s Work or the Tenant Improvements as reflected on the TI Space Plans attached to the Work Letter as Schedule 2 as of the date of Shell Substantial Completion. Tenant shall be responsible for the compliance of the Premises with Legal Requirements and shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of any changes to the TI Space Plans attached to the Work Letter as Schedule 2. Following the date of Shell Substantial Completion, 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 applicable 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 provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void or Premises with the insurance risk more hazardous or cause ADA) related to the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase Tenant Improvements (as defined in the fire and extended coverage insurance premiums paid by Landlord Work Letter), Tenant’s use or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary (other than Landlord’s responsibility for the Common Areas as provided for in the first two sentences of this paragraph), or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to the Tenant Improvements, Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this paragraphLease, the Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)
Use. The demised premises Tenant shall be used only use the Premises solely for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretoPermitted Use, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storagePremises, including without limitationor permit or suffer the Premises to be used, trucks and for any other vehicles, is prohibited purpose without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. Tenant shall at its own cost comply, and expense obtain any and all licenses and permits necessary for any such use. cause Tenant shall comply Parties to comply, with all governmental lawsApplicable Laws, zoning ordinances and regulations applicable to the use certificates of the premises, and shall promptly comply with all governmental orders and directives occupancy issued for the correction, prevention and abatement of nuisances in Premises or upon, or connected with the premises, all at Tenant's sole expenseany portion thereof. Tenant shall not permit make any objectionable penetrations in the roof of any Building without the consent of Landlord, and any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall not commit, or unpleasant odorsallow Tenant Parties to commit, 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 waste of the building Premises. Tenant shall not do, or permit Tenant Parties to do, anything on or about the Premises that in which their premises are situated any way invalidates or unreasonably interfere prevents the procuring, of any insurance protecting against loss or damage to any portion of the Premises or its contents, or against liability for damage to property or injury to persons in or about any portion of the Premises. For purposes hereof, "Tenant Parties" means Tenant's agents, contractors, subcontractors, employees, customers, licensees, invitees, assignees and subtenants; and the term "Applicable Laws" means all federal (to the extent not in direct conflict with their use applicable state, municipal or local cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of their respective premisesgovernmental authorities, committees, associations, or other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any portion thereof, Landlord or Tenant, including both statutory and common law, hazardous waste rules and regulations, and state cannabis licensing and program laws, rules and regulations. Without Tenant may only place equipment within the Premises with floor loading consistent with the applicable Building's structural design unless Tenant obtains Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableapproval. Tenant will not permit may place such equipment only in a location designed to carry the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount weight of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphequipment.
Appears in 2 contracts
Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. The demised premises Tenant shall be used only use and occupy the Demised Premises for the purpose offices, warehousing and distribution of general officecosmetics, receivingfragrances and personal care items, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretorepackaging of cosmetics, fragrances and personal care items only, and subject for no other purpose. If Tenant desires to any building expand or building complex rules and regulations which shall not impair Tenant's use of change the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consentaforementioned uses, Tenant shall not receivedo so without first obtaining Landlord's written consent. Landlord agrees not to unreasonably withhold its consent, store if the use is for warehousing only of products which are consumer products, and are non-hazardous and are not toxic pollutants. In all other events, Landlord may, for no reason 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 reason, not consent to a change or in any mannerexpansion of use. It being a consideration of this Lease, including, without limitation, 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall be limited, to those uses as otherwise hereinbefore specified, and Tenant may not, use the premises for manufacturing or the warehousing of any product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not exceed allowable design floor loading permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereto, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof, and shall not use or occupy or permit the Demised Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority. Except for floor slabs on gradethe products contemplated by the permitted uses in this Section 2.01, Tenant shall not, during the term of this Lease store upon the premises, hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of products contemplated by the permitted uses in this Section 2.01 shall during the term of this Lease be in compliance with all applicable laws and regulations, whether federal, state or local, and whether environmental or otherwise. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. In the event the Tenant cannot obtain the continued certificate of occupancy for the uses of the Demised Premises described in the first sentence of this Section 2.01, then in such event, Tenant shall have the right, prior to Tenant taking occupancy, to terminate this Lease; such right of termination in all events to be exercised no later than ten (10) days from the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. Tenant shall hold harmless Landlord from any lossacknowledges and recognizes that Tenant will have to undertake ordinary and usual improvements required by the municipality, liabilitysuch as, but not limited to, in rack sprinklers, exit areas marked on the floor, exit signs, etc. If Tenant is required to undertake other improvements in order to obtain the continued certificate of occupancy, such improvements specifically required by the municipality by reason of Tenant's peculiar use, and expensesif the collective cost thereof is more than FIVE THOUSAND and NO/100 Dollars ($5,000.00), both real and allegedthen Tenant shall have the right to terminate this Lease, arising out of such damage or repair caused by Tenant's negligence or failure right to comply with this paragraphbe exercised, in all events, within the ten (10) day time period as heretofore provided, TIME BEING OF THE ESSENCE.
Appears in 2 contracts
Sources: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)
Use. The demised premises Tenant shall be used use the Premises only for the purpose of general officeoffice use, receivingas a data processing center and other reasonably related activities, storing, manufacturing, repairing, shipping or only as otherwise outlined and selling (other than retail) products, materials and merchandise made and or distributed by Tenant stated in this lease and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of purpose without the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain not do, bring or keep anything in or about the Premises that will cause a cancellation of any and all licenses and permits necessary insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such useincrease. Tenant shall comply with all governmental laws, ordinances and regulations applicable to laws concerning the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Premises or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not exceed allowable design floor loading for floor slabs on gradebe obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall hold harmless not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord from nor the Landlord's agent has made any loss, liability, and expenses, both real and alleged, arising out representation or warranty to Tenant as to the suitability of such damage or repair caused by the Premises for the conduct of Tenant's negligence or failure to comply with this paragraphbusiness.
Appears in 2 contracts
Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. For purposes of Section 1938 of the California Civil Code, as of the date of this paragraphLease, the Project has not been inspected by a certified access specialist.
Appears in 2 contracts
Sources: Lease Agreement (Corvus Pharmaceuticals, Inc.), Lease Agreement (Corvus Pharmaceuticals, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions. The Premises shall be used in compliance with all laws, receivingorders, storingjudgments, manufacturingordinances, repairingregulations, shipping codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, including, without limitation, any method of storage which would render increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of insurance any sprinkler or other insurance authority to disallow any sprinkler credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the fire 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 extended coverage insurance premiums paid by 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 for the building in which Tenant occupies space is caused by Tenant's use and occupancy or occupants of the premisesProject, including conducting or giving notice of any auction, liquidation, or if Tenant vacates going out of business sale on the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental or using or allowing the amount of such increase Premises to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading be used for floor slabs on gradeany unlawful purpose. Tenant shall hold harmless cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord from any lossacknowledges that Tenant intends to locate at least 4, liabilitybut up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and expenses, both real and alleged, arising out of Landlord hereby consents to Tenant locating such damage or repair caused by Tenant's negligence or failure to comply with this paragraphFire Safes within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)
Use. The demised premises 2.01 Tenant shall use and occupy the Demised Premises for executive and general offices and, at Tenant’s option, for utilization of a kitchen for the testing and preparation of recipes and for photo shoots and online marketing of such recipes and for no other purpose.
2.02 If any governmental license or permit shall be used only required for the purpose proper and lawful conduct of general officeTenant’s business in the Demised Premises, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretoany part thereof, and subject if failure to secure such license or permit would in any building way affect Landlord, the Land or building complex rules the Building or the conduct of business thereon or therein, then Tenant, as its sole cost and regulations which expense, shall not impair Tenant's use of duly procure and thereafter maintain such license or permit and submit the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without same for inspection by Landlord's prior written consent. Tenant shall at its own cost all times comply with the terms and conditions of each such license or permit. At no expense obtain any to Landlord, Landlord shall sign applications and all licenses and permits necessary for any otherwise cooperate with Tenant in connection with securing or maintaining such use. license or permit.
2.03 Tenant shall comply with all governmental lawsnot at any time use or occupy, ordinances and regulations applicable of suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the premises, and Demised Premises shall promptly comply with all governmental orders and directives not be in violation of the certificate of occupancy for the correctionDemised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01. Notwithstanding anything to the contrary contained herein, prevention Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and abatement of nuisances that the Demised Premises are located in or upona M1-5B Zone.
2.04 In connection with any cooking in the Demised Premises:
a. Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or connected with the premises, all at Tenant's sole expense. other similar exhaust devices.
b. Tenant shall not permit use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests.
c. Tenant will use commercially reasonable efforts to prevent any objectionable or unpleasant odorsoffensive odors for which Landlord has received bona fide reasonably based complaints, 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 Demised Premises. Upon notification from Landlord that Landlord received complaints from other tenants of the building in which their premises are situated Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or unreasonably interfere with their the implementation of procedures to eliminate such odors, and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the right but not the obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of their respective premises. Without Landlord's prior written consent, a material obligation of Tenant’s tenancy hereunder.
d. Tenant shall not receivecause any food, store waste or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises other foreign substance to be used for any purpose thrown or in any manner, including, without limitation, any method of storage which would render drawn into the insurance thereon void plumbing or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlordwaste lines. Tenant agrees that to maintain the point pressure plumbing and waste lines in good order, repair and condition and to repair any damage resulting from Tenant's racking system, inventory, forklifts any violation of this Article.
e. Tenant shall install and equipment pertaining to Tenant's use maintain a working smoke detector/carbon monoxide detector in the Demised Premises. Tenant acknowledges that Landlord’s damages resulting from any breach of the premises provisions of this Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the provisions of this Lease, Landlord shall not exceed allowable design floor loading for floor slabs on grade. be entitled to enjoin Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out violation of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphsaid provisions.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or Interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Building and the Project with Legal Requirements (including, without limitation, compliance of the Premises and the Common Areas with the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any method of storage which would render alterations or modifications to the insurance thereon void Common Areas or the insurance risk more hazardous or cause exterior of the State Board of insurance or other insurance authority to disallow any sprinkler creditsBuilding that are required by Legal Requirements. If any increase Except as provided in the fire and extended coverage insurance premiums paid two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Landlord or other tenants for Legal Requirements (including, without limitation, compliance of the building in which Tenant occupies space is caused Premises with the ADA) triggered by Tenant's ’s particular use and or occupancy of the premisesPremises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant 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 information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 2 contracts
Sources: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
Use. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant Permitted Uses set forth in the --- Basic Lease Information and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair uses. Tenant's use of the premisesPremises shall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&R's or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant In no event shall at its own cost and expense obtain any and all licenses and permits necessary the Premises be used for any such useof the Prohibited Uses set forth on Exhibit E attached hereto. Tenant shall comply with all governmental laws, ordinances --------- the reasonable rules and regulations applicable as Landlord may from time to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expensetime prescribe. Tenant shall not commit waste, overload the floors or structure of the Premises, subject the Premises or the Project to any use which would damage the same or increase the risk of loss or violate any insurance coverage, permit any objectionable or unpleasant unreasonable odors, smoke, dust, gas, substances, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would disturb disturb, obstruct or endanger any other tenants of the building in Project, take any action which their premises are situated would abrogate any warranties, or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradeunlawful purpose. Tenant shall hold harmless have the right to use for its employees and invitees, the parking areas on the Premises. Landlord from shall not be responsible for non-compliance by any lossother tenant or occupant of the Project with, liabilityor Landlord's failure to enforce, and expenses, both real and alleged, arising out any of the rules or regulations or any other terms or provisions of such damage tenant's or repair caused by Tenantoccupant's negligence or failure to lease. Tenant shall promptly comply with this paragraphthe reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises or the Project.
Appears in 1 contract
Sources: Single Tenant Industrial Lease (Mohawk Industries Inc)
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall be responsible for the compliance of the Common Areas of the Project and the Premises with the ADA as of the Commencement. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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. 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Subject to Landlord’s performance of its obligations in the Work Letter, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements 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 damage or repair caused by Tenant's negligence or failure to comply with this paragraphClaims.
Appears in 1 contract
Use. The demised premises Licensed Premises shall be used only by Licensee solely for the purpose of general officesocial gatherings, receivingstudying, storingmeals, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant official Sorority business and for such no other lawful purposes as may whatsoever. Such use shall be incidental theretoin accordance with all terms and conditions of this License and all Sorority House rules and regulations. Licensee shall promptly observe and comply with all present and future laws, and subject to any building or building complex ordinances, requirements, orders, directives, rules and regulations which shall not impair Tenant's use of all state, federal, municipal and other agencies or bodies having jurisdiction relating to the use, condition and occupancy of the premises. Outside storageLicensed Premises at any time in force, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the Licensed Premises or to Licensee’s use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any mannerthereof, including, without limitation, Licensor’s current Rules and Regulations (as defined in section 5 below). The Licensed Premises shall not be used or allowed to be used for any method unlawful purposes, or for any purpose deemed hazardous by the Licensor, Sorority, and/or the House Corporation. Licensee may, upon invitation of storage which would render a resident of the insurance thereon void or Licensed Premises, visit the insurance risk more hazardous or cause invitee’s resident room. Licensee agrees to maintain the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase appliances, equipment and furniture located in the fire Licensed Premises clean and extended coverage insurance premiums paid free from damage, and shall use the appliances, equipment and furniture located in the Licensed Premises solely for their intended use. Licensor may charge Licensee for any repairs made by Landlord or other tenants for Licensor when Licensor determines, in the building in which Tenant occupies space is exercise of its sole discretion that such repairs have been caused by Tenant's use and occupancy the acts or omissions of Licensee. Licensee agrees that Licensor, in its sole discretion, may discontinue any appliances, equipment, furniture, services, or facilities not specifically stated in this License, but which are being furnished by Licensor, it being understood that they do not constitute any part of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading consideration for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphLicense.
Appears in 1 contract
Sources: Facilities Use Agreement
Use. The demised premises Tenant shall be used only use the Premises for the purpose of general warehouse/office, receiving, storing, manufacturing, repairing, shipping /auction/retail purposes and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which ------------------------------- shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld delayed. Tenant shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any manner, including, without limitation, any method of storage which would render way increase the insurance thereon void Building utilities expense or the insurance risk more hazardous existing rate of or cause the State Board of insurance affect any fire or other insurance authority upon the Building or any of its contents, or cause cancellation of any insurance policy covering said building or any part thereof or any of its contents. Tenant shall not use or permit the Premises to disallow be used for any sprinkler creditsimproper, immoral, unlawful, or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. If Tenant shall not commit or suffer to be committed any increase waste in or upon the fire Premises. Landlord has sole discretion in determining and extended coverage insurance premiums paid by Landlord or other tenants defining what violates the purported use for the building in which Tenant occupies space Premises; Landlord's discretion includes, but is caused by Tenant's use not limited to, defining what uses are improper, immoral, unlawful, and occupancy objectionable, as well as those uses that create nuisances or those that are wasteful. Any violation of the premises, or if Tenant vacates the premises purported and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's approved use of the premises Premises as defined by Article 8 shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenantconstitute default under this Lease at Landlord's negligence or failure to comply with this paragraphsole discretion.
Appears in 1 contract
Sources: Office/Warehouse Building Lease (Ableauctions Com Inc)
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, Including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall be responsible for the compliance of the Common Areas of the Project and the Premises with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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 of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises and Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement.
Appears in 1 contract
Sources: Lease Agreement (Epizyme, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and 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 two 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s 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 information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (Atreca, Inc.)
Use. A. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations, such rules and regulations which shall not impair to be inconsistent with Tenant's rights hereunder and not to be enforced without a copy of such rules and regulations being provided to Tenant. Permitted use in the Premises is to include assembly of the premisesprocedural medical trays for sterilization. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant will be permitted to have four (4) service vehicles parked at the loading dock at night and in legal parking spaces during the business day. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with with, the premisesPremises, 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 premisesPremises, nor not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises Premises are situated or unreasonably interfere with their use of their respective premisesPremises. 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 Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. .
B. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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. ss. 12101, et seq. (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, "ADA") (collectively, "LEGAL REQUIREMENTS" and subject to each, a "LEGAL REQUIREMENT"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises or the Project to be used for any purpose or in any mannermanner 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, 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 beyond the Project. 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. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible, but shall reimburse Landlord as an Operating Expense, for the cost of compliance with any such laws, regulations or the like requiring (I) structural repairs or modifications, or (ii) repairs or modifications to the utility or building service equipment, or (iii) installation of new building service equipment, such as fire detection or suppression equipment. 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 applicable solely by reason of Tenant's particular use of the Premises) make any alterations or modifications to the exterior of the Building and elsewhere at the Project that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy compliance of the premisesPremises with the ADA). Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys' fees, charges and allegeddisbursements and costs of suit) (collectively, "CLAIMS") arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement during the Early Occupancy Period, if any, and the Term.
Appears in 1 contract
Use. The demised Occupant expressly agrees and covenants with Owner that Occupant will not use said premises for an unlawful purpose, and that the unit shall only be used only for the storage of personal property belonging to the Occupant or legally in Occupant's possession. Occupant will pay the rent each month as it becomes due. Occupant will keep said premises in good condition (usual wear and tear expected), and that Occupant will not store radioactive, hazardous materials, hazardous waste, noxious substances, explosive, combustible or flammable materials or goods on said premises, that Occupant will not do, or permit anything to be done, in or upon the leased premises that increases the fire hazard beyond that which exists by reason of the ordinary use or occupancy of the premises for storage purposes. Occupant shall bear all responsibilities for theft or damage, if any, to said property caused by but not limited to fire, theft, acts of God, or actions of others, whether indirect or direct loss or physical damage to any property stored in such premises. ALL PROPERTY KEPT, STORED, OR MAINTAINED ON THE PREMISES BY OCCUPANT SHALL BE AT OCCUPANT'S SOLE RISK, and further, Occupant acknowledges that no heat will be provided or furnished to such storage unit at any time, nor is Owner obligated to furnish any security guards, burglar alarms, or other security nor is Owner liable for burglary or theft. Owner does not warrant that the Unit or Owner's buildings are fireproof or that the contents of such building cannot be damaged or destroyed by fire. Occupant may conduct no business activity upon the premises and may use the common areas solely for the purpose of general officecoming and going to store or remove items of their personal property, receivingprovided that the Occupant may not obstruct other traffic. All personal property must be stored within the Unit. Therefore, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which Occupant shall not impair Tenant's use of the premisesstore any antiques, artworks, heirlooms, collectibles, or any property having special or sentimental value to Occupant. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant Occupant shall at its own cost and expense obtain not store 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 premisesperishable goods, and shall promptly comply with all governmental orders and directives not inhabit the Storage Space for the correctionhuman, prevention and abatement of nuisances in or uponanimal, or connected with live plant use at any time or for any duration; no electricity or any sort of combustible heating devices are allowed in the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants Storage Space without approval of the building Owner. Occupant waives any claim for emotional or sentimental attachment to the stored property. Occupant agrees not to store property with a total value in which their premises are situated or unreasonably interfere with their use excess of their respective premises. Without Landlord's prior $5,000.00 without the 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 permission of the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler creditsOwner. If any increase in such written permission is not obtained, the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenantvalue of Occupant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant property shall pay as additional rental the amount of such increase be deemed not to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph$5,000.00.
Appears in 1 contract
Sources: Storage Rental Agreement
Use. The demised premises Premises shall be used only for office purposes (the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail“Permitted Use”) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentpurpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable agrees not to use or permit the use of the premisesPremises for any purpose which is illegal, and shall promptly comply with all governmental orders and directives for the correctiondangerous to life, prevention and abatement of nuisances limb or property or which, in or uponLandlord’s sole judgment, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute creates a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render increase the insurance thereon void or the insurance risk more hazardous or cause the State Board cost of insurance or other insurance authority coverage with respect to disallow any sprinkler creditsthe Building. If there shall be any increase in the fire cost of insurance coverage with respect to the Building which results from Tenant’s particular acts or particular conduct of business (and extended coverage insurance premiums paid by Landlord or other tenants for not the building in which Tenant occupies space is caused by Tenant's mere use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiumsPremises for office purposes), then such acts shall be deemed to be a default hereunder and Tenant shall hereby agrees to pay as additional rental the amount of such increase on demand. Acceptance of such payment shall not constitute Landlord’s waiver of such default or of any of Landlord’s rights or remedies hereunder. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to Landlordinterfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, interior, non-structural condition or occupancy of the Premises. Tenant, at its expense, will comply with the rules and regulations of the Building adopted and altered by Landlord from time-to-time (provided any future rules or alterations thereof are reasonable and non-discriminatory) and will cause all of its agents, employees, invitees and visitors to do so. A copy of the existing rules and regulations is attached hereto as Exhibit “H” and made a part hereof. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining not to Tenant's use commit or allow any waste to be committed on any portion of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilityPremises, and expensesat the termination of this Lease to deliver up the Premises to Landlord in as good a condition as at the Commencement Date, both real ordinary wear and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphtear excepted.
Appears in 1 contract
Use. The demised premises 9.1. Tenant shall be used only use the Premises for the purpose of general officepurposes set forth in Section 2.7 (or any one, receivingor any combination of, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretopurposes), and subject to any building or building complex rules and regulations which shall not impair Tenant's use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
9.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Buildings, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the premises. Outside storage, including without limitation, trucks and other vehicles, Premises if such use is prohibited without Landlord's prior written consentin violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above. Tenant shall shall, at its own sole cost and expense obtain expense, promptly and properly observe and comply with (including in the making by Tenant of the any Alterations to the Premises): (a) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all licenses and permits necessary Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any such useorders, regulations, directions, rules, laws, ordinances or requirement that it is contesting in accordance with this Section 9.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all governmental lawssafety, ordinances fire protection and evacuation procedures and regulations applicable established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
9.3. Tenant shall not do or permit to be done anything that will invalidate the cost of any fire, environmental, extended coverage or any other insurance policy covering the premisesPremises, and shall promptly comply with all governmental orders rules, orders, regulations and directives requirements of the insurers of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the correctionprovisions of this Article.
9.4. Tenant shall, prevention upon termination of this Lease, return to Landlord all keys to offices and abatement restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of nuisances replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
9.5. No awnings or other projections shall be attached to any outside wall of the Buildings in violation of any Applicable Laws.
9.6. Tenant shall, at Tenant’s sole cost and expense, have the right to install legally permitted signage on the Premises (including any building thereon) (“Signage”), which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or upondelayed. Tenant shall keep the Signage in good condition and repair. The size, design, and other physical aspects of any sign shall be subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the permitting, installation, maintenance and removal thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), or connected with if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the premisesdamaged portions of the Buildings and any other portions of the Buildings that Landlord reasonably determines in good faith shall be painted so that repainting the damaged portion of the Buildings does not adversely affect the visual appearance of the Buildings, all if required by Landlord), Landlord may do so at Tenant's sole ’s expense. Tenant shall not permit any objectionable reimburse Landlord within twenty (20) days after written demand for all reasonable costs incurred by Landlord to effect such maintenance, removal or unpleasant odorsrepair, smokewhich amounts shall be deemed Additional Rent and shall include without limitation, dustall sums disbursed, gasincurred or deposited by Landlord, noise or vibrations including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to emanate from such existing signage, so long as such repairs and replacements: (a) are consistent with the premisessize, nor take any design, quality and other action which would constitute a nuisance or would disturb or endanger any other tenants physical aspects of the building existing signage, (b) are in which their premises compliance with Applicable Laws, (c) are situated or unreasonably interfere with their use paid for at Tenant’s sole cost and expense, and (d) do not adversely affect the visual appearance of their respective premisesthe Buildings. Without Landlord's prior written consentIn addition, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablehave the right to incorporate its company logo and trademarks as part of the design of its Signage.
9.7. Tenant will shall only place equipment within the Premises with floor loading consistent with the structural design of the Buildings without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Buildings, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof.
9.8. Tenant shall not permit (a) use or allow the premises Premises to be used for unlawful purposes or (b) cause, maintain or permit any purpose waste in, on or in about the Premises.
9.9. Notwithstanding any mannerother provision herein to the contrary but subject to Section 9.2 hereof, including, without limitation, 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systembe responsible for all liabilities, inventory, forklifts costs and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, expenses arising out of such damage or repair caused by Tenant's negligence or failure to comply in connection with this paragraphthe compliance during the Term of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”).
Appears in 1 contract
Sources: Lease (Arena Pharmaceuticals Inc)
Use. (a) The demised premises Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping Permitted Use and selling for no other purpose. No retail sales may be made from the Premises (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentretail sales from a showroom area). Tenant shall at its own cost and expense obtain not use the Premises to receive, store or handle any and all licenses and permits necessary for any such useproduct, material or merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all be solely responsible (at Tenant's sole cost and expense) for complying with all laws applicable to ITS use, AND occupancy of the Premises, including without limitation obtaining all required building permits and/or certificates of occupancy FOR THE PREMISES. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the premises, Premises; nor take any other action which that would in Landlord's sole judgment constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not person; nor permit the premises Premises to be used for any purpose or in any manner, including, without limitation, any method of storage which manner that would render (1) void the insurance thereon void or thereon, (2) increase the insurance risk more hazardous risk, or (3) cause the State Board disallowance of insurance or other insurance authority to disallow any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the fire and extended coverage cost of any insurance premiums paid on the Premises or the Building incurred by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use of the Premises or because Tenant vacates the Premises IN VIOLATION OF THIS LEASE. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous to life, limb or property;
(b) Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to ITS use AND occupancy of the premisesPremises. Tenant, or if Tenant vacates at his expense, will comply with the premises rules and causes an increase in such premiumsregulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, then Tenant shall pay employees, invitees and visitors to do so. ANY FURTHER REVISIONS OF THE RULES AND REGULATIONS SHALL APPLY UNIFORMLY TO ALL TENANTS IN THE BUILDING AND SHALL BE UNIFORMLY ENFORCED. A copy of the existing rules and regulations is attached hereto as additional rental the amount of such increase to LandlordEXHIBIT "E" and made a part hereof. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining not to Tenant's use commit or allow any waste to be committed on any portion of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilityPremises, and expensesat the termination of this Lease to deliver up the Premises to Landlord in as good condition as at the Commencement Date, both real ordinary wear and allegedtear excepted, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphAND SUBJECT TO THE PROVISIONS OF THE LEASE CONCERNING DAMAGE AND CASUALTY.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation,” as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall be responsible for the compliance of the Common Areas of the Project and the Premises with the ADA as of the Commencement. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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. 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Subject to Landlord’s performance of its obligations in the Work Letter, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements 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 damage or repair caused by Tenant's negligence or failure to comply with this paragraphClaims.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s particular use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany 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 information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 7 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, including, without limitation, any method of storage which would render increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of insurance any sprinkler or other insurance authority to disallow any sprinkler credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the fire 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 extended coverage insurance premiums paid by 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 for the building in which Tenant occupies space is caused by Tenant's use and occupancy or occupants of the premisesProject, including conducting or giving notice of any auction, liquidation, or if Tenant vacates going out of business sale on the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental or using or allowing the amount of such increase Premises to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading be used for floor slabs on gradeany unlawful purpose. Tenant shall hold harmless Landlord 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 lossmachinery 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, liabilityTenant shall not, and expenseswithout the prior written consent of Landlord, both real and allegeduse the Premises in any manner which will require ventilation, arising out air exchange, heating, gas, steam, electricity or water beyond the existing capacity of such damage or repair caused by the Project as proportionately allocated to the Premises based upon Tenant's negligence or failure to comply with this paragraph’s Share as usually furnished for the Permitted Use.
Appears in 1 contract
Sources: Lease Agreement (Genvec Inc)
Use. The demised premises (a) Tenant shall be used use the Premises only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretoPermitted Uses, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of or permit the premises. Outside storage, including without limitation, trucks and Premises to be used for any other vehicles, is prohibited without Landlord's prior written consentpurpose. Tenant shall at its own cost not use or occupy the Premises in violation of: (i) any ground lease, recorded covenants, and/or conditions and expense obtain restrictions affecting the Property, (ii) any law or ordinance or any Certificate of Occupancy issued for the Building or the Premises, or (iii) any Rules and all licenses and permits necessary Regulations issued by Landlord for any such usethe Building of which Tenant has been given a copy. Tenant shall comply with all any directive of any governmental laws, ordinances and regulations applicable authority with respect to the Tenant’s use or occupancy 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 expensePremises. Tenant shall not do or permit anything in or about the Premises which will in any objectionable or unpleasant odorsway damage the Premises, smoke, dust, gas, cause any unreasonable noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance obstruct or would disturb or endanger any interfere with the rights of other tenants or occupants of the building in which their premises are situated Building, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store the Premises or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises allow them to be used for any purpose unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, or commit or allow any waste in any manneror upon the Premises. Tenant shall not use utility services in excess of amounts reasonably determined by Landlord to be within the normal range of demand for the Permitted Uses.
(b) Tenant shall, includingthroughout the Term, without limitationpromptly comply, any method or cause compliance, with all Legal Requirements of storage all Governmental Authorities which would render may be applicable to the insurance thereon void Premises or the insurance risk more hazardous use or cause manner of use thereof. Such compliance shall be at Tenant’s sole cost. “Legal Requirements” means any and all applicable laws and ordinances and the State Board orders, rules, regulations and requirements of insurance all Governmental Authorities whether or other insurance authority to disallow any sprinkler credits. If any increase not the same shall presently be in force or within the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy contemplation of the premisesparties hereto or shall involve any change of governmental policy, which may be applicable to the Lease, the Rent or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental Premises or the amount use or manner of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless Landlord from any loss“Governmental Authorities” means all federal, liabilitystate, county and municipal governments and appropriate departments, commissions, boards, subdivisions, and expensesofficers thereof, both real the Board of Fire Underwriters or similar body having jurisdiction, foreseen or unforeseen, ordinary as well as extraordinary, and alleged, arising out whether or not the same shall presently be within the contemplation of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphthe parties hereto.
Appears in 1 contract
Sources: Lease Agreement (Gulfstream International Group Inc)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators which exceeds the structural capacity of the Building. 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 of the Building as usually furnished for the Permitted Use. Tenant and Landlord acknowledge that structural reinforcements may be required in connection with Tenant’s server room and fire proof high density storage rooms. All of the costs related to such structural reinforcements shall be borne by Landlord as part of cost of the Building Shell. Following Landlord’s Delivery of the Premises to Tenant, 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Except as otherwise expressly set forth in this Lease, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement.
Appears in 1 contract
Sources: Lease Agreement (Exelixis Inc)
Use. The demised premises Tenant shall be used only use the Premises for the purpose of general office, receiving, storing, manufacturing, repairing, shipping business office and selling (other than retail) products, materials internet broadcast purposes and merchandise made and or distributed by Tenant and for such other lawful purposes as may be uses incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use the Premises, or permit or suffer the Premises to be used for any other purpose without the written consent of Landlord, which consent will not be unreasonably withheld, delayed, or conditioned. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, or any master lease underlying the Premises which Tenant has been notified, and shall, upon five (5) days written notice from Landlord, discontinue any use of the premises. Outside storage, including without limitation, trucks and other vehicles, Premises which is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain declared by any and all licenses and permits necessary for any such usegovernmental authority having jurisdiction to be in violation of law or of said certificate of occupancy or ground lease. Tenant shall comply with all any direction of any governmental lawsauthority having jurisdiction which shall, ordinances and regulations applicable by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use 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 expenseoccupation thereof. Tenant shall not do or permit to be done anything which will invalidate, restrict or increase the cost of any objectionable fire, "All-Risk", extended coverage or unpleasant odorsother insurance policy covering the Building and/or property located therein, smokeand shall comply with all rules, dustorders, gasregulations and requirements of the Insurance Service Offices, noise formerly known as the Pacific Fire Rating Bureau, or vibrations to emanate from the premises, nor take any other action which would constitute organization performing a nuisance or would disturb or endanger similar function. Tenant shall, promptly, upon demand, reimburse Landlord for any other tenants additional premium charged to Landlord for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph 8, and upon such payment, shall not be in breach of the building in which their premises are situated or unreasonably interfere with their use of their respective premisespreceding sentence. Without Landlord's prior written consent, Tenant shall not receivedo or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, store or otherwise handle any productinjure or annoy them, material or merchandise which is explosive use or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any mannernuisance in, including, without limitation, any method of storage which would render on or about 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless Landlord from not commit or suffer to be committed any losswaste in, liability, and expenses, both real and alleged, arising out of such damage on or repair caused by Tenant's negligence or failure to comply with this paragraphabout the Premises.
Appears in 1 contract
Sources: Office Lease (Loudeye Corp)
Use. The demised premises Lessee shall be used only use the Yard solely for the purpose parking/storage of general office, receiving, storing, manufacturing, repairing, shipping the vehicles and selling (other than retail) products, materials equipment described in and merchandise made and or distributed by Tenant in accordance with the terms of Addendum 1 hereto attached to this lease agreement and for such no other lawful purposes as may be incidental theretopurpose without written permission from Lessor. In connection with its use, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant ▇▇▇▇▇▇ shall at its his/her own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders applicable laws, ordinances, rules and directives for the correctionregulations of any public authority and shall not annoy, prevention and abatement of nuisances in or uponobstruct, or connected interfere with the premises, all at Tenant's sole expenserights of other Lessees of the Yard. Tenant Lessee shall not permit create no nuisance nor allow any objectionable or unpleasant odorsfumes, smokenoise, dust, gas, noise or vibrations to emanate be emitted from the premisesYard. Lessee shall not conduct any activities that will increase Lessor's insurance rates for any portion of the Yard or that will in any manner degrade or damage the reputation of Lessor. Lessee shall keep and maintain the Space in a clean orderly condition at all times and upon the termination of the lease shall surrender the Space to Lessor in as good condition as when received, nor take ordinary wear and tear by the elements alone excepted. Lessee shall be responsible for any repairs caused by negligence on the part of Lessee. Lessee shall not sub-lease the Space in the Yard and shall not use the leased space of any other action which would constitute Lessee nor allow anyone, whether a nuisance Lessee of the Yard or would disturb or endanger not, to use Lessee's Space. Lessee shall hold title to and be the legal owner of the vehicle and/or any other tenants items described on Addendum 1 of this lease. Lessee must obtain approval from Lessor to store a different vehicle or additional vehicles or equipment other than the one described in Addendum 1 of this lease. The storage of cars, pick-up trucks, sport utility vehicles, trucks, utility trailers, and approved storage containers are solely allowed at the discretion of the building Lessor. All items must be listed on Addendum 1. Lessee must provide license number and make and model of all vehicles. The storage of such vehicles may be revoked at any time by the Lessor, however if all other conditions of the Lease are met, leases for such vehicles will be honored by the Lessor until the Lease is terminated by the Lessee. All vehicles must be kept in which their premises are situated or unreasonably interfere with their use good and useable condition. Lessee shall remain a resident of their respective premises▇▇▇▇▇▇▇▇▇▇▇ for the term of the lease. 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 Use of the premises Space must be relinquished at the time the Lessee ceases to be used for any purpose or in any manner, including, without limitation, any method a resident of storage which would render ▇▇▇▇▇▇▇▇▇▇▇. Lessor retains the insurance thereon void or right to require Lessee to move to another space within the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount Yard provided Lessor gives Lessee written notice of such increase requirement at least ten days prior to Landlordsuch movement. Tenant agrees that ▇▇▇▇▇▇ is obligated to move to the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining space requested. Lessor is not obligated to Tenant's use of provide a space equal to or larger than the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphone previously occupied.
Appears in 1 contract
Use. The (a) Tenant covenants that the Demised Premises will not be used so as to materially and adversely interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to materially and adversely interfere with the quiet enjoyment of the other tenants of their respective demised premises portions of the Building. Landlord shall be used only for the purpose sole judge on the question of general officenoise, receivingnoxious fumes and odors.
(b) Tenant shall provide and maintain, storingat its expense, manufacturing, repairing, shipping and selling the hand-held fire extinguishers that are required to be maintained in Demised Premises by the governmental agency having jurisdiction over this matter.
(other than retailc) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use obstruct or encumber, or cause to be obstructed or encumbered, the sidewalks, area ways or other public portions of the premises. Outside storageReal Property, including without limitation, trucks the parking area, driveways and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable access areas adjacent to the Demised Premises and used in conjunction therewith; nor shall Tenant 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 same nor permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises same to be used for any purpose other than ingress and egress to and from the Demised Premises. However, Tenant may use the loading area appurtenant to the Demised Premises for loading and unloading. Tenant shall not store any materials, goods or in any manner, other items outside the building or the Demised Premises including, without limitation, inventory, furniture or equipment.
(d) Tenant shall, at its own cost and expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any method governmental statute, regulation, ordinance or agency and that all governmental requirements relating to the use or uses of storage which would render the insurance thereon void Demised Premises by the Tenant shall be complied with by the Tenant at its own cost and expense.
(e) Tenant agrees that the value of the Demised Premises and the reputation of the Landlord will be seriously injured if the Demised Premises are used for any obscene or the insurance risk more hazardous pornographic purposes or cause the State Board of insurance if any obscene or other insurance authority to disallow any sprinkler credits. If any increase pornographic material is permitted in the fire and extended coverage insurance premiums paid Demised Premises. Tenant further agrees that Tenant will not permit any of these uses by Landlord Tenant or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy a sublessee or assignee of the premises, or if Tenant vacates the premises and causes an increase Demised Premises. This Paragraph shall directly bind any successors in such premiums, then Tenant shall pay as additional rental the amount of such increase interest to LandlordTenant. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use if at any time Tenant violates any of the premises provisions of this Paragraph, such violation shall not exceed allowable design floor loading be deemed a breach of a substantial obligation of the terms of this lease and objectionable conduct. Pornographic material is defined for floor slabs on gradepurposes of this Paragraph as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphObscene material is defined here as it is in Penal Law ?235.00.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental theretonecessary in conducting the business of Tenant. Except as currently being conducted, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, not to be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. To the extent known by Tenant, Tenant shall comply with all deed restrictions as may affect the premises and all governmental laws, ordinances and regulations applicable to the use of the premises, and and, subject to Tenant's right to reasonably contest same, shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant unlawful odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premiseslegal nuisance. Without Landlord's prior written consent, not to be unreasonably withheld, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable, except as currently being conducted. Tenant will not permit the premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Texas State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Sources: Lease Agreement (Carlyle Golf Inc)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and 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 two 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
Appears in 1 contract
Sources: Lease Agreement (Atreca, Inc.)
Use. The demised premises Tenant shall use the Premises for the uses set forth in Section 1 above, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be used only deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretoBuilding, and subject shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said Certificate of Occupancy. Tenant shall comply with any building or building complex rules and regulations which shall not impair direction of any governmental authority having jurisdiction that shall, by reason of the nature of Tenant's use or occupancy of the premises. Outside storagePremises, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. impose any duty upon Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such useor Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all governmental lawsrules, ordinances orders, regulations and regulations applicable to the use requirements of the premisesInsurance Service Office or any other organization performing a similar function. Tenant shall promptly, and shall promptly upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with all governmental orders and directives for the correction, prevention and abatement provisions of nuisances in or upon, or connected with the premises, all at Tenant's sole expensethis Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the building in which their premises are situated Project, or unreasonably interfere with their injure or annoy them, or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit or; allow the premises Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any mannernuisance in, including, without limitation, any method of storage which would render on or about 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, the Building, the Common Area or the Project. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. Landlord from any lossreserves the right to prescribe the weight and position of all files, liabilitysafes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence business machines and mechanical equipment which cause vibration or failure noise that may be transmitted to comply with this paragraphthe building structure or to any other space in the building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's Licensee’s use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant Licensed Property shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable inure exclusively to the benefitof Licensor, and Licensee shall not acquire any rights therein by virtue of its use thereof. Licenseerecognizes the unique value of the Licensed Property and the value of the goodwill associated therewith, and the secondary meaning that the Licensed Property and goodwill have acquired inthe mind of the public. Licensee’s use of the premisesLicensed Property shall not confer or imply a grantof rights, title or interest in the Licensed Property or goodwill associated therewith and all ownership of copyrights, trademarks and other rights in the Licensed Property and in all artwork,packaging, copy, literary text, advertising and promotional materials of any sort utilizing the Licensed Property, including all such materials developed by Licensee, and the goodwill pertaining thereto, (“Collateral Materials”) shall promptly comply with be and at all governmental orders times remain in the name of Licensor. Collateral Materials shall not include any trademarks or copyrighted material that was owned andutilized by Licensee prior to its use of the Licensed Property. All Collateral Materials shall constitute “works made for hire” within the meaning of U.S. copyright law, whereby Licensor shall be deemed the author of all such Collateral Materials and directives all ownership rights will vest initially inLicensor upon creation of the Collateral Materials without any further action by any party hereto.Licensee hereby acknowledges that all works made for hire shall be the correctionsole property of Licensor. All Collateral Materials shall be prepared by an employee-for-hire of Licensee under Licensee’s sole supervision, prevention responsibility and abatement monetary obligation. If third parties who are not employees of nuisances Licensee contribute to the creation of the Collateral Materials, Licensee shall obtain from such third parties, prior to commencement of work, a full written assignment of rights so that all right, title and interest in or uponthe Collateral Materials, or connected with throughout the premisesuniverse, all at Tenant's sole expensein perpetuity, shall vest immediately in Licensor. Tenant Licensee shall not permit any objectionable of its employees or unpleasant odorsthird parties to obtain or reserve, smoke, dust, gas, noise by written or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance oral agreement or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitationotherwise, any method rights as “authors” or “inventors” of storage which would render the insurance thereon void anyartwork or the insurance risk more hazardous designs (as such terms are used in present or cause the State Board of insurance future U.S. copyright and/or patent statutes or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphjudicial decisions).
Appears in 1 contract
Sources: Merchandising License Agreement
Use. The demised premises Tenant warrants and represents to Landlord that the Leased Premises shall be used only and occupied solely for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant purposes set forth in Article 1 and for such no other lawful purposes as may be incidental theretowhatsoever. Notwithstanding the foregoing, and subject to any building or building complex rules and regulations which Tenant shall not impair use the Leased Premises in violation of any exclusive uses heretofore granted to other tenants in the Building. Landlord and Tenant acknowledge and agree that Tenant's use utilization of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at Leased Premises for its own cost and expense obtain any and all licenses and permits necessary for permitted Use does not violate any such exclusive use. Tenant shall comply with all governmental lawsoccupy the Leased Premises, ordinances conduct its business and regulations applicable control its agents, employees, invitees and visitors (to the use of extent such invitees and visitors are within the premisesLeased Premises) in such a manner as is lawful, reputable 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 expensewill not create a nuisance. Tenant shall not permit any objectionable operation which emits any excessive or unpleasant odorsoffensive odor or matter which intrudes into other portions of the Building, smokeor outside of the Leased Premises, dust, gas, use any apparatus or machine which makes undue noise or vibrations to emanate from causes undue vibration in any portion of the premisesBuilding or otherwise materially interfere with, nor take annoy or disturb any other action lessee in its normal business operations or Landlord in its management of the Building. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the reasonable opinion of Landlord, be extra hazardous on account of fire or which would constitute a nuisance in any way increase or would disturb render void the fire insurance on the Building. If any governmental license or endanger any other tenants permit shall be required for the proper and lawful conduct of Tenant's business in the building in which their premises are situated Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or unreasonably interfere permit and shall at all times comply with their use the terms and conditions of their respective premisessame. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle at any product, material or merchandise which is explosive or highly flammable. Tenant will not permit time knowingly suffer the premises Leased Premises to be used or occupied in violation of (i) the Certificate of Occupancy for the Leased Premises or for the Building, (ii) any purpose of the provisions of this Lease, or in (iii) zoning ordinances, or (iv) Tenant's permits, or (v) any mannerlaws, includingordinances, without limitationorders, any method rules or regulations of storage which would render governmental and quasi governmental authorities having jurisdiction over the insurance thereon void Building, or the insurance risk more hazardous operations or cause the State Board business of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The A. Tenant shall use and occupy the demised premises solely for the use specified in Article 2 of the printed form of this lease and for no other purposes. Tenant specifically covenants and agrees that Tenant shall not use the demised premises or any part thereof, nor permit the demised premises of any part thereof to be used for sleeping or residential purposes or for overnight accommodations.
B. In addition, Tenant shall not suffer nor permit the demised premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any of the provisions of any grant, lease or mortgage or requirements of public authorities (ii) make void or voidable any fire or liability insurance policy then in force with respect to the building, (iii) make unattainable or more difficult to obtain from reputable insurance companies authorized to do business in New York State fire insurance with extended coverage, or liability, elevator, boiler or any other insurance maintained by Landlord, (iv) cause physical damage to the building or any part thereof, (v) constitute a public or private nuisance, (vi) impair, the appearance, character or reputation of the building, (vii) impair or interfere with any of the building services or the proper
C. Owner makes no representations, guarantees, or acknowledgments that the use designated in the Lease by the Tenant is permitted under any statute, ordinance, rule, regulation, or other present or future law promulgated by any state, federal, municipal, or local government or agency or authority thereof. In the event that said use is illegal or determined by any notice of violation or order issued by the aforesaid appropriate governmental authority, then upon six (6) days prior written notice given in accordance with this Lease, this Lease and the term thereof shall expire on the last day of said notice as if said day were the last day of the term of this Lease.
D. If any governmental licence or permit shall be used only required for the purpose proper and lawful conduct of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storagebusiness, including without limitationTenant, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole cost and expense. Tenant , shall not duly procure and thereafter maintain such licence or permit any objectionable and submit the same to inspection by Owner Tenant, at Tenant's sole cost and expense, shall at all times comply with the terms and conditions of each such licence or unpleasant odors, smoke, dust, gas, noise or vibrations permit.
E. The Owner represents to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants best of his knowledge that the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to Premises may be used for any purpose or in any manneran office and there are no outstanding violations on the Premises, including, without limitation, 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting Landlord is aware, that would preclude Tenant from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading obtaining a building permit for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphalterations.
Appears in 1 contract
Sources: Lease Agreement (Medscape Inc)
Use. The demised premises Premises shall only be used only for general office use consistent with the purpose operation of general office, receiving, storing, manufacturing, repairing, shipping and selling a first-class office building in the Century City area (other than retailthe “Specified Use”) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental theretopurposes, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall at be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its own cost consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and expense obtain agrees that it shall not use, suffer or permit any and person(s) to use all licenses and permits necessary or any portion of the Premises for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use purpose in violation of the premiseslaws of the United States of America, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement State of nuisances in or uponCalifornia, or connected with the premisesordinances, all at Tenant's sole expenseregulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated way obstruct or unreasonably interfere with their use the rights of their respective premisesother tenants or occupants of the Building, or injure or annoy them. Without Landlord's prior written consent, Tenant shall not receive, store use or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose pornographic or in violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any mannernuisance or waste in, including, without limitation, any method of storage which would render on or about 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless not use the Premises in any manner that in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord from is required to furnish to Tenant or to any lossother tenant or occupant of the Building, liability, or that would interfere with or obstruct the proper and expenses, both real and alleged, arising out economical rendition of any such damage or repair caused by Tenant's negligence or failure to comply with this paragraphservice.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 (not to be unreasonably withheld, conditioned or delayed), use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible (and the cost thereof shall be excluded from Operating Expenses) for the compliance of the Common Areas of the Project with applicable Legal Requirements as of 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 expenses (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) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany 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 “green11 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
Use. The demised premises Premises shall be used only for the purpose purposes of general officeNail Salon which use must be made in accordance with all applicable laws, receivingordinances, storingregulations and all other governmental requirements, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex well as all rules and regulations which for the Building adopted by Landlord and modified from time to time in Landlord’s discretion. Tenant covenants that it shall not impair Tenant's use of the premises. Outside storageat all times have all necessary permits and approvals, including without limitationif any, trucks and other vehicles, is prohibited without Landlord's prior written consentfor such use. Tenant shall not do or allow anything in the Premises or the Building that could increase Landlord's fire insurance rates or cause any of Landlord's insurance to be adversely affected, or that would be considered extra-hazardous by insurance companies. The Premises are not to be used as a residence. Tenant shall not install any window mounted air conditioning units in the Premises; the only air conditioning units that Tenant may install are floor units that exhaust out a window, which may only be installed and removed by Landlord. At Tenant’s request, Landlord shall store Tenant’s floor units, clearly labeled with Tenant’s name, in the basement of the Building at no charge to Tenant during the months when air conditioning is not necessary. Tenant acknowledges that neither the Property nor the Premises are furnished with a security system and Tenant shall be responsible, at its own cost and expense obtain any expense, for installing a security system and all licenses or other security measures for the protection of the Premises and permits necessary ▇▇▇▇▇▇’s personal property stored therein. Landlord shall not be held liable for any such useloss or damage to Tenant’s personal property, fixtures or fit-up by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Tenant shall comply with acknowledges that Landlord is not an insurer and ▇▇▇▇▇▇ assumes all governmental lawsrisk of loss to its personal property, ordinances fixtures and regulations applicable to the use of the premisesfit-up, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in further acknowledge that neither Landlord nor its agents have made any representation 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 premiseswarranty, nor take has Tenant relied upon any other action which would constitute a nuisance representation or would disturb warranty, express or endanger implied, including any other tenants warranty of the building in which their premises are situated merchantability or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used fitness for any particular purpose relative to any security measures recommended or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphundertaken.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises shall be used only Tenant covenants and agrees to occupy and use the Premises for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental theretopurpose, and subject to any building or building complex rules use them in a careful, safe, and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary proper manner; to pay on demand for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable damage to the use of the premisesPremises caused by misuse or abuse thereof by Tenant, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in Tenant’s agents or uponemployees, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take of any other action which would constitute a nuisance person entering upon the Premises under express or would disturb implied invitation of Tenant; not to use or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purposes prohibited by the laws, codes, rules, and regulations of the United States, the State of Colorado, or of any applicable municipality or quasi-governmental entity. Tenant shall not commit waste or suffer or permit waste to be committed or permit any nuisance on or in the Premises. In the event that any officials shall hereafter at anytime contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are used for a purpose which is a violation of any permit, certificate of occupancy, statute, ordinance or other requirement of law applicable to the Building or the Premises, Tenant shall, upon five (5) days’ written notice from Landlord, immediately discontinue such use of the Premises. Tenant at its sole expense shall comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public office or officers, pursuant to law which shall impose any violation or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Tenant shall not use or suffer or permit any other firm or person to use the Premises for any hazardous purpose or in any mannermanner that will violate, includingsuspend, without limitationvoid, make inoperative or increase the rate of any method policies of storage which would render insurance of any kind at any time carried by Landlord upon the insurance thereon void Premises or the insurance risk more hazardous Building or cause the State Board of insurance or other insurance authority to disallow any sprinkler creditsfixtures and property therein. If any Any increase in the fire and extended coverage cost of any insurance premiums paid carried by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining attributable to Tenant's use of ’s activities on the premises Premises or Tenant’s failure to perform and observe Tenant’s obligations and covenants hereunder shall not exceed allowable design floor loading for floor slabs on grade. be borne by Tenant shall hold harmless and payable to Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure time to comply with this paragraphtime on demand.
Appears in 1 contract
Sources: Premises Lease (Zynex Inc)
Use. Licensee’s use of the Licensed Premises is strictly limited to a research and development laboratory, related office and related uses consistent with the character of the Project. Licensee shall not make any alterations, additions, or improvements to the Licensed Premises of any kind whatsoever. Notwithstanding the foregoing, Licensee may make minor alterations with Licensor’s consent, which may be given or withheld in Licensor’s sole discretion if any such minor alteration affects the Building structure or any Building system serving the Licensed Premises and other portions of the Project (“Building Systems”) and shall not be otherwise unreasonably withheld, conditioned or delayed. If Licensor so elects, Licensee shall remove such alteration, addition or improvement upon the expiration or earlier termination of this Agreement and restore any damage caused by or occasioned as a result of such removal, including, when removing any of Licensee’s property that was plumbed, wired or otherwise connected to any of the Building Systems, capping off all such connections behind the walls of the Licensed Premises and repairing any holes. Licensor acknowledges that Licensee may desire to install a MilliQ water purification system with a tap water connection and to make electrical modifications in the Licensed Premises for its LC-MS systems. The demised premises Licensed Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply in compliance with all governmental laws, ordinances orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and regulations restrictions now or hereafter applicable to the use Project (“Legal Requirements”). Licensor hereby reserves the right to enter the Licensed Premises upon reasonable prior written notice to Licensee (of not less than 48 hours, except in the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement case of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building an emergency in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant case no notice 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 required) for any purpose Licensor deems to be necessary or appropriate in connection with the maintenance, repair, operation, sale or leasing of the Project. Such advance notice shall include the identity of any manner, including, without limitation, any method of storage which would render third parties that will be entering the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority Licensed Premises. Licensor shall use commercially reasonable efforts to disallow any sprinkler credits. If any increase minimize interference with Licensee’s operations in the fire Licensed Premises in connection with the performance of any planned repairs, alterations or improvements. Licensee shall at all times, except in the case of emergencies, have the right to escort Licensor or its employees, agents, representatives, contractors or guests while the same are in the Licensed Premises, provided such escort does not materially and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's adversely affect Licensor’s access rights hereunder. Licensor shall use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure reasonable efforts to comply with this paragraphLicensee’s written protocol with respect to entering restricted portions of the Licensed Premises; provided, however, that a copy of the same has previously been provided to Licensor. At the expiration or earlier termination of the Term, Licensee shall remove all of Licensee’s personal property from the Licensed Premises, and Licensee shall restore and repair any damage caused by or occasioned as a result of such removal.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit use the Property for any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from purpose other than the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants Permitted Use without the consent of the building in which their premises are situated or Landlord, not to be unreasonably interfere with their use of their respective premiseswithheld. Without Landlord's prior written consent, The Tenant shall not receive, store or otherwise handle use the Property for any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Landlord, the other tenants or occupiers of the Units or any mannerowner or occupier of neighbouring property. The Tenant shall not knowingly overload any structural part of the Property nor any machinery or equipment at the Property nor any Service Media at or serving the Property nor knowingly do anything which might reasonably be expected to cause structural damage. The Tenant shall not use the Property for any noxious, includingnoisy, without limitationoffensive or dangerous trade, business or pursuit nor for any method illegal or immoral act or purpose nor as a club, betting shop or for any purpose which is declared unlawful or requires a Licence under the Betting Gaming and ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or for the collection of storage which would render the insurance thereon void football pools' coupons or the insurance risk more sale of lottery tickets or as a sex shop, amusement arcade or leisure centre nor for any public exhibition, show or political meeting nor as a restaurant, snack bar or for catering of any description and shall not to hold any sales by auction nor keep any animals or birds on the Property, and not to allow on the Property any hazardous materials (except for usual shop or cause office waste generated by the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Property permitted by this Lease and stored in accordance with all applicable Legal Requirements) or anything which is or may become dangerous or offensive. Not so far as concerns the building or buildings situated from time to time upon the Property to cause any obstruction outside. Not to use on the Property:‑ any machine other than normal shop and office machines and computer equipment which in appropriate cases shall not exceed allowable design floor loading for floor slabs on gradebe rubber or otherwise mounted so as to minimise noise and vibration; any machinery or sound reproduction amplifying equipment which shall cause a nuisance or disturbance to the Landlord or the owners or occupiers of adjoining or neighbouring premises. Not to obstruct others lawfully using areas (if any) which the Tenant shall hold harmless is entitled to use in common and to use the same in a reasonable manner and in accordance with any reasonable regulations made by the Landlord from time to time in regard thereto. Not to reside or sleep on the Property. Not to discharge anything into the Service Media serving the Property which will or may be corrosive or harmful or which may cause any loss, liabilityobstruction or deposit therein, and expenses, both real forthwith to remove such obstruction and alleged, arising out to make good all damage to the reasonable satisfaction of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphthe Landlord.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises Premises shall be used only for offices and for the purpose of general officemanufacturing, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental related thereto. Tenant shall have the right to park trucks, trailers and other vehicles in the parking areas serving the Premises at all times during all terms of this Lease. All outside garbage containers shall be subject to any building or building complex rules and regulations Landlord's approval, which shall not impair be unreasonably withheld or delayed. Otherwise, outside storage shall be prohibited without Landlord's consent. Landlord shall at its own cost obtain a certificate of occupancy for Tenant's use of the premises. Outside storagePremises, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant in or upon, or connected with with, the premisesPremises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, unreasonable quantities of smoke, dust, gas, noise or vibrations or odors to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would unreasonably disturb or endanger any other tenants of the building in which their premises the Premises are situated or unreasonably interfere with their the use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in Tenant shall abide by the fire rules and extended coverage insurance premiums paid regulations attached hereto as Exhibit "C" as reasonably amended from time to time by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount after reasonable written notice of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining charge is delivered to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. (a) The demised premises Premises shall be used only for the purpose set forth in Item 18 of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant the Basic Lease Provisions and for such other lawful purposes as may be incidental reasonable and customary uses ancillary thereto, and subject shall not be used for any other purpose. Landlord shall have the right to deny its consent to any building or building complex rules and regulations which shall not impair Tenant's change in the permitted use of the premises. Premises in its sole and absolute discretion.
(b) Outside storagestorage including, including without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided, however, subject to applicable Legal Requirements, Tenant shall have the right to locate its cooling equipment and backup generators in the truck court directly behind and outside the Premises as shown on Exhibit A, so long as there is no interference with the access of other tenants to the Building parking lots and truck courts. Tenant shall obtain, at its own Tenant’s sole cost and expense obtain expense, any and all licenses and permits necessary for any such useTenant’s contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with as well as all governmental orders and directives for the correction, prevention and abatement requirements of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseLandlord’s insurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the building in which their premises are situated Property, or unreasonably interfere with their such other tenants’ use of their respective premisesspace. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable.
(c) If any Legal Requirement shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant, shall comply with such Legal Requirements at Tenant’s sole cost and expense. Tenant will Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building and/or the Premises is determined by applicable governmental agencies to not permit be in compliance with Legal Requirements applicable to the premises Property as of the Commencement Date and such non-compliance is not related to Tenant’s particular use or occupancy of the Premises, then Landlord shall be used fully responsible, at its sole cost and expense (which shall not be included in CAM), for any purpose or in any mannermaking all alterations and repairs to the Property and/or the Premises required by such governmental agencies so that the Property and/or the Premises complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title Ill of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to time, including, without limitation, any method all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of storage this Lease) affecting the Property (excluding the Premises), which would render require Landlord to make capital expenditures or repairs to the insurance thereon void Property (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase tenants in the fire and extended coverage insurance premiums paid by Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord or other tenants for agrees to maintain the building Property (except the Premises) in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply compliance with this paragraphall Legal Requirements.
Appears in 1 contract
Use. The demised premises 9.1 Tenant shall be used only use and occupy the Premises during the Term for general office purposes and no other purpose without the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use consent of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseLandlord. Tenant shall not permit any objectionable use, suffer or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises or any part thereof to be used for any other purpose or purposes without obtaining written consent of Landlord, which consent shall not be unreasonably withheld.
9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any portion of the Building, development, or project of which the Premises are a part, or any other property owned or controlled by him, for any lawful purpose.
9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises or permit the Premises to be used in any manner, including, without limitationmanner which will increase the existing rate of insurance on the Building, any method part thereof or its contents or any part thereof, such additional expense shall be paid by Tenant to Landlord within ten (10) days of storage delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which would render will cause the cancellation of any insurance thereon void policy. Tenant shall not sell or permit to be kept, used or sold in or about the Premises any article which may be prohibited by the standard form of fire insurance policies, as such now or are hereafter provided, covering the Building, any part thereof, or its contents.
9.4 Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Building in which the Premises are located. Tenant shall not use the Premises or permit the Premises to be used in whole or in part for any purpose that is deemed to be in violation of any laws, ordinances, regulations or roles of any public authority or organization at any time. A judgement of any court of competent jurisdiction or the insurance risk more hazardous admission by Tenant in any judicial or cause the State Board of insurance administrative action or other insurance authority to disallow proceeding against Tenant that Tenant has violated any sprinkler credits. If any increase such laws, ordinances, regulations, or rules in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Premises shall not exceed allowable design floor loading for floor slabs on grade. be deemed to be a conclusive determination of that fact between Landlord and Tenant.
9.5 Upon the expiration or sooner termination of this Lease, Tenant shall hold harmless quit and surrender the Premises to Landlord from any loss, liability, in good condition and expenses, both real repair reasonable wear and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphtear excepted.
Appears in 1 contract
Sources: Office Lease (Agile Software Corp)
Use. The demised premises shall be used only (A) Tenant may use and occupy the Premises for general office and warehouse use and such other uses as are conducted thereon as of the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by date hereof. Tenant and may also use the Premises for such any other lawful purposes as may be incidental thereto, and subject similar to any building or building complex rules and regulations which shall not impair Tenant's use of those stated above with the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use consent of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseLandlord. Tenant shall not use or permit upon the Premises anything that will invalidate any objectionable policies of insurance now or unpleasant odorshereafter carried on the Building, smoke, dust, gas, noise or vibrations to emanate from materially impair the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants value of the building in Building and Premises or any part thereof or materially increase the dangers, or pose unreasonable risk of harm, to third parties (on or off of the Premises) arising from activities thereon. Tenant will pay all extra insurance premiums which their premises are situated or unreasonably interfere with their may be caused by the use of their respective premises. Without Landlord's prior written consent, which Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablemake of the Premises. Tenant will not in any manner deface or injure the Building or any part thereof or overload the floors of the Premises. Tenant will not do anything or permit anything to be done upon the Premises in any way tending to create a public or private nuisance, or tending to disturb any other tenant in the Building or the occupants of neighboring property or tending to injure the reputation of the Building or commit waste thereon. Tenant will promptly and fully comply with all governmental, health and police requirements and regulations respecting its use of the Premises. Tenant will not use the Premises for lodging or sleeping purposes or for any immoral or illegal purposes. Tenant shall not conduct nor permit to be conducted on the Premises any business which is contrary to any of the laws of the United States of America or of the State of Illinois or which is contrary to the ordinances of the City of Elgin. Tenant shall not at any time manufacture, sell, or give away, and shall not at any time permit the premises manufacture, sale, or gift of any spirituous, fermented, intoxicating or alcoholic liquors or controlled substances on the Premises, except that the foregoing shall not be deemed to be used prohibit the occasional use of alcoholic beverages for any purpose or entertainment purposes, so long as Tenant has in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board full force and effect (and delivered to Landlord a certificate of insurance therefor) a policy of host liquor liability or other dram-shop insurance authority to disallow any sprinkler credits. If any increase in the fire form and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase amounts at all times reasonably satisfactory to Landlord. Tenant shall not at any time sell, purchase or give away, or permit the sale, purchase or gift of, food in any form on the Premises, except for coffee service and vending machines for its employees or as otherwise permitted by rules and regulations. The foregoing use prohibitions shall be deemed to apply to any subtenant or assignee of Tenant without requirement of further or additional notice.
(B) Tenant agrees that it will not use, handle, generate, treat, store or dispose of, or permit the point pressure resulting handling, generation, treatment, storage or disposal of any Hazardous Materials in, on, under, around or above the Premises now or at any future time during the Term of the Lease in violation of applicable laws and will indemnify, defend and save Landlord harmless from any and all actions, proceedings, claims, costs, expenses and losses of any kind, including, but not limited to, those arising from injury to any person, including death, damage to or loss of use or value of real or personal property, and costs of investigation and cleanup arising as a result of the use of Hazardous Materials on the Premises by Tenant or its subtenants and assigns during the Term hereof. The term “Hazardous Materials”, when used herein, shall include, but shall not be limited to, any substances, materials or wastes to the extent quantities thereof are regulated by the City of Elgin or any other local governmental authority, the State of Illinois, or the United States of America because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties that may be hazardous to human health or the environment, including asbestos and including any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended, 49 C.F.R. 172.101, or in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. subsections 9601 et seq., or the Resources Conservation and Recovery Act, as amended, 42 U.S.C. subsections 6901 et seq., or any other applicable governmental regulation imposing liability or standards of conduct concerning any hazardous, toxic or dangerous substances, waste or material, now or hereafter in effect. Tenant does hereby indemnify, defend and hold harmless the Landlord and its agents and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees and Landlord’s lender or lenders holding a mortgage on the Property from all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (including reasonable attorneys’ and consultants’ fees) arising by, through or under Tenant, its agents, subtenants, assigns, employees, contractors, servants and invitees and out of or in any way connected with any deposit, spill, discharge or other release of Hazardous Materials that occurs during the Term of this Lease, at or from the Premises, or which arises at any time from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's ’s use or occupancy of the premises Premises, or from Tenant’s failure to provide all information, make all submissions, and take all steps required by all applicable governmental authorities. Landlord agrees and acknowledges that the foregoing indemnity by Tenant does not apply to any liability arising from the acts or omissions of Landlord or other Tenants or occupants of the Building or the agents or employees of any of the foregoing. Tenant’s obligations and liabilities under this paragraph shall not exceed allowable design floor loading for floor slabs on gradesurvive the expiration of the Term of this Lease. Tenant shall hold harmless acknowledges that it has had ample opportunity to inspect the Premises and perform any environmental assessments it considers appropriate to determine the environmental condition of the Premises, that Tenant has not relied on any representation of the Landlord from any loss, liabilityregarding such condition, and expenses, both real that Tenant has consulted its own experts and alleged, arising out independently satisfied itself regarding the environmental condition of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphthe Premises.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)
Use. The demised premises Premises shall only be used only for general office use consistent with the purpose operation of general office, receiving, storing, manufacturing, repairing, shipping and selling a first-class office building in the Santa ▇▇▇▇▇▇ area (other than retailthe “Specified Use”) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental theretopurposes, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall at be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its own cost consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and expense obtain agrees that it shall not use, suffer or permit any and person(s) to use all licenses and permits necessary or any portion of the Premises for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use purpose in violation of the premiseslaws of the United States of America, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement State of nuisances in or uponCalifornia, or connected with the premisesordinances, all at Tenant's sole expenseregulations or requirements of the City of Santa ▇▇▇▇▇▇ or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated way obstruct or unreasonably interfere with their use the rights of their respective premisesother tenants or occupants of the Building, or injure or annoy them. Without Landlord's prior written consent, Tenant shall not receive, store use or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose pornographic or in violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any mannernuisance or waste in, including, without limitation, any method of storage which would render on or about 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless not use the Premises in any manner that in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord from is required to furnish to Tenant or to any lossother tenant or occupant of the Building, liability, or that would interfere with or obstruct the proper and expenses, both real and alleged, arising out economical rendition of any such damage or repair caused by Tenant's negligence or failure to comply with this paragraphservice.
Appears in 1 contract
Sources: Office Lease (Ziprecruiter, Inc.)
Use. The demised premises (a) From the Commencement Date, Tenant shall be used continuously use and occupy the Demised Premises only for the Permitted Use, and shall not injure or deface the Property, nor permit in the Demised Premises any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Demised Premises of any objectionable noise or odor, nor use or devote the Demised Premises or any part thereof for any purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retailthe Permitted Use, nor any use thereof which is inconsistent with the maintenance of the Commercial Building as an office building of the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the premiums for any insurance on the Commercial Building or its contents or liable to render necessary any alteration or addition to the Commercial Building.
(b) products, materials Tenant shall promptly observe and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretocomply, and subject shall from time to any building time make all repairs, alterations or building complex modifications required to comply, with all present and future laws, ordinances, requirements, orders, directives, rules and regulations which shall not impair of Federal, state, city and town governments and all other governmental authorities or any national or local Board of Fire Insurance Underwriters affecting the Property or the Demised Premises or Tenant's ’s use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentthereof. Tenant shall indemnify and hold harmless Landlord, its successors and assigns, from and against any and all penalties or damages charged to or imposed upon Landlord or for any violation of any such laws, ordinances, rules or regulations. Tenant shall not use, or permit the use of, the Demised Premises for any purpose which would cause the premiums on Landlord’s fire and casualty insurance to be increased or create a forfeiture or prevent renewal of such insurance.
(c) Tenant shall be responsible, at its own cost and expense obtain expense, for obtaining, prior to the commencement of its operations at the Demised Premises, any and all licenses licenses, permits, inspection fees and permits necessary renewals thereof required by any governmental or other authority having jurisdiction, for any such use. Tenant shall comply with all governmental laws, ordinances the operation and regulations applicable to the use maintenance of the premises, and shall promptly comply with all governmental orders and directives Demised Premises for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphPermitted Use.
Appears in 1 contract
Sources: Office Lease (BOSTON OMAHA Corp)
Use. The demised premises Premises shall only be used only for general office use consistent with the purpose operation of general office, receiving, storing, manufacturing, repairing, shipping and selling a first-class office building in the West Los Angeles area (other than retailthe “Specified Use”) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental theretopurposes, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall at be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its own cost consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and expense obtain agrees that it shall not use, suffer or permit any and person(s) to use all licenses and permits necessary or any portion of the Premises for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use purpose in violation of the premiseslaws of the United States of America, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement State of nuisances in or uponCalifornia, or connected with the premisesordinances, all at Tenant's sole expenseregulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated way obstruct or unreasonably interfere with their use the rights of their respective premisesother tenants or occupants of the Building, or injure or annoy them. Without Landlord's prior written consent, Tenant shall not receive, store use or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose pornographic or in violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any mannernuisance or waste in, including, without limitation, any method of storage which would render on or about 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless not use the Premises in any manner that in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord from is required to furnish to Tenant or to any lossother tenant or occupant of the Building, liability, or that would interfere with or obstruct the proper and expenses, both real and alleged, arising out economical rendition of any such damage or repair caused by Tenant's negligence or failure to comply with this paragraphservice.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose of general officemanufacturing, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant Tenant, and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premisesincluding without limitation, office purposes. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent; provided however, that, notwithstanding the foregoing: Tenant shall have the right to park trucks and trailers at the designated dock doors on the Premises. Tenant shall at its own cost and expense obtain any and all licenses and permits .permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant in or upon, or connected with with, the premisesPremises, all at Tenant's ’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated Building or unreasonably interfere with their the use of their respective premises. Without Landlord's prior ’s written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable, except for such items which are customarily used in Tenant’s business operations and are used in compliance with applicable laws and insurance requirements binding upon Tenant. Tenant, at its sole cost and expense, shall comply with all fire codes, laws and ordinances related to the use and occupancy of the Premises. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in Tenant shall abide by the fire rules and extended coverage insurance premiums paid regulations attached hereto as Exhibit “C”, as reasonably amended from time to time by Landlord or other tenants for the building in which Tenant occupies space (after reasonable notice of any such amendment is caused provided by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining Landlord to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph).
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. (a) The demised premises Premises shall be used only for the purpose of general officestorage, receiving, storing, manufacturing, repairing, shipping distribution and selling (sales of safety equipment and other than retail) products, materials and merchandise made and or distributed by Tenant and products for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premisesoutdoor sports. Outside storage, including without limitation, trucks and other vehicles, storage is prohibited without Landlord's ’s prior written consent, except for the outside storage of Tenant’s trucks and trailers within the designated area for such trucks and trailers. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such useits use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations and any and all covenants, easements and restrictions affecting the Premises and applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for including those regarding the correction, prevention and abatement of nuisances in or upon, or connected with with, the premisesPremises, all at Tenant's ’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of at the building in which their premises are situated Property, or unreasonably interfere with their use of their respective premises. Without Landlord's ’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or other merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, without limitation, manner (including any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance regulatory authority for the state in which the Premises are situated or other insurance authority to disallow any sprinkler credits. If any increase in In the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by event Tenant's ’s use and occupancy of the premises, or if Tenant vacates the premises and causes Premises shall result in an increase in such insurance premiums, then Tenant shall pay as additional rental be solely responsible for the amount payment of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphsaid increase.
Appears in 1 contract
Sources: Lease Agreement (Leatt Corp)
Use. (a) The demised premises Premises shall be used only for the purpose of general officeoffices, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of provided that such uses are in compliance with all applicable Laws; however, no retail sales may be made from the premisesPremises. Outside storage, including without limitation, trucks and other vehicles, storage is prohibited without Landlord's prior written consentprohibited. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary be solely responsible for any such use. Tenant shall comply complying with all governmental laws, ordinances and regulations Laws applicable to the use use, occupancy, and condition of the premisesPremises; provided, and however, that Landlord shall promptly comply deliver the Premises to Tenant in a condition which is in compliance with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseLaws. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the premises, Premises; nor take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not person; nor permit the premises Premises to be used for any purpose or in any manner, including, without limitation, any method of storage which manner that would render (1) void the insurance thereon void or thereon, (2) increase the insurance risk more hazardous risk, or (3) cause the State Board disallowance of insurance or other insurance authority to disallow any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the fire and extended coverage cost of any insurance premiums paid on the Premises incurred by Landlord or other tenants for the building in Landlord, which Tenant occupies space is caused by Tenant's use of the Premises or because Tenant vacates the Premises.
(b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, the parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against any third parties, and Tenant expressly does not have the right to tow or obstruct improperly parked vehicles.
(c) Landlord shall have the right to establish and amend from time to time, rules and regulations governing all tenants' uses and occupancy of the premisesBuilding (provided the same are reasonable, or if Tenant vacates the premises non-discriminatory and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilityuniformly enforced), and expensesprovided further that in the event of a conflict between those rules and this Lease, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphLease shall control.
Appears in 1 contract
Use. The demised premises Sublet Premises shall be used only for the purpose of general officemanufacturing, receivingstoring and distributing airplane parts and aircraft welded assemblies, and storing, manufacturingcutting and distributing metal plates for aircraft, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premisesincluding general office use. Outside storage, including without limitation, trucks and other vehicles, storage is prohibited without LandlordSublessor's prior written consent. Tenant shall Sublessee shall, at its own cost and expense expense, obtain any and all licenses and permits necessary for any such use. Tenant Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesSublet Premises, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of conditions or nuisances in or upon, or connected with with, the premisesSublet Premises, all at TenantSublessee's sole expense. Tenant Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesSublet Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises the Sublet Premises are situated or unreasonably interfere with their use of their respective premises. Without LandlordSublessor's prior written consent, Tenant Sublessee shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant Sublessee will not permit the premises Sublet Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would (i) cause the existing fire sprinkler system to be inadequate under existing laws and codes, or (ii) render the insurance thereon void or cause the insurance risk more hazardous premiums to increase or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The demised premises (a) Tenant shall be used occupy and use the Premises only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retailUse specified in Section l(i) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretoabove, and subject pursuant to any building or building complex rules and regulations which the Building Rules (as defined hereunder). Without limiting the generality of the foregoing, Tenant shall not impair use the Premises for any retail sales. Tenant has reviewed and investigated the Building and the Property, and Tenant has determined, on its own judgment, that the Premises are suitable for Tenant's use ’s Use. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents (as defined below) have made any representation or warranty of any kind with respect to the Premises, the Building or the Property that Tenant’s intended Use is permitted under applicable East Whiteland Township zoning ordinances or regulations with respect to the Property and Tenant waives any implied warranty of Landlord of suitability or fitness of the premises. Outside storagePremises, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary Building or the Property for the Use or for any such use. Tenant shall comply with all governmental lawsother particular intended commercial purpose, 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 except as expressly set forth in or upon, or connected with the premises, all at Tenant's sole expensethis Lease. Tenant shall not permit any objectionable conduct or unpleasant odorscondition which may endanger, smoke, dust, gas, noise disturb or vibrations to emanate from the premises, nor take otherwise interfere with any other action which would constitute a nuisance Building occupant’s normal operations or would disturb or endanger any other tenants with the management of the building in which Building. Tenant and its employees, agents and invitees may use all Common Areas only for their premises are situated or unreasonably interfere with their intended purposes. Subject to Tenant’s use of their respective premisesthe Common Areas and the terms of this Lease, Landlord shall have exclusive control of all Common Areas at all times. Without “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time, in Landlord's prior ’s reasonable discretion upon written consentnotice to Tenant. In the event of any conflict between the terms of the Building Rules and the terms of this Lease, the terms of this Lease shall control. Excepting any initial occupancy permit(s) from East Whiteland Township which, to the extent required by any Law (as defined below), shall be Landlord’s obligation to obtain as part of the Landlord’s Work, Tenant shall not receivebe responsible, store or otherwise handle any productat its sole cost and expense, material or merchandise which is explosive or highly flammable. Tenant will not permit to obtain all required permits and approvals required by East Whiteland Township and all permits and licenses required by the premises to be used Commonwealth of Pennsylvania for any purpose or in any manner, Tenant’s Use including, without limitation, the operation of its business and the construction or installation of any method Alterations (as defined below) to the Premises installed by or on behalf of storage which would render Tenant, but the insurance thereon void failure of Tenant to obtain any or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire all such licenses, permits and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises approvals shall not exceed allowable design floor loading for floor slabs on gradeaffect the validity of this Lease. Tenant shall hold harmless Landlord from be responsible, at its sole cost and expense, to confirm Tenant’s Use is permitted under all applicable zoning codes and ordinances of East Whiteland Township, but if Tenant’s Use is not permitted by right, this Lease shall remain in full force and effect, Tenant shall not apply for any losszoning change or variance without Landlord’s written consent, liabilityin Landlord’s sole discretion, and expensesif Landlord consents, both real Tenant shall be responsible, at its sole cost and allegedexpense, arising out for applying for and pursuing such zoning relief. For purposes of this Lease, “Agents” of a party means such damage party’s employees, agents, servants, representatives, independent contractors, subcontractors, designees or repair caused by Tenant's negligence licensees and in the case of Landlord only, shall include without limitation, Workspace Property Management, L.P., Workspace Property Trust, L.P., and any other associated or failure to comply with this paragraphaffiliated entity.
Appears in 1 contract
Sources: Lease Agreement (Ocugen, Inc.)
Use. The demised premises Tenant shall use the Premises for general office purposes and other --- purposes as are permitted under the present I-4 zoning of the Property, and shall not use or permit the Premises to be used only for any other purpose without the prior written consent of Landlord. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, regulation or ordinance, or of the certificate of occupancy issued for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretobuilding, and subject to shall immediately discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, Premises which is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain declared by any and all licenses and permits necessary for any such usegovernmental authority having jurisdiction to be a violation of law of said certificate or occupancy. Tenant shall comply with all any direction of any governmental lawsauthority having jurisdiction which shall, ordinances and regulations applicable by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation 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 expensePremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any objectionable fire, extended coverage 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 insurance policy covering the Building and/or property located therein. Tenant shall promptly upon demand reimburse Landlord as additional rent for any other tenants additional premium charged for such policy by reason of Tenant's failure to comply with the building in which their premises are situated or unreasonably interfere with their use provisions of their respective premisesthis Section 9. Without Landlord's prior written consent, Tenant shall not receive, store do or otherwise handle permit anything to be done in or about the Premises which will in any product, material way obstruct or merchandise which is explosive interfere with the rights or highly flammableother tenants or occupants of the Building. Tenant will shall not permit use or allow the premises Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, or about the Premises. Tenant shall not commit or suffer to be committed any waste in any manner, including, without limitation, any method of storage which would render or upon the insurance thereon void or Premises and shall keep the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler creditsPremises in first class repair and appearance. If any increase in the fire and extended coverage insurance premiums paid by Landlord present or other tenants future law, ordinance, regulation or order requires an occupancy permit for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradePremises. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of obtain such damage or repair caused by permit at Tenant's negligence or failure own expense and shall promptly deliver a copy thereof to comply with this paragraphLandlord.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has disclosed to Tenant that the Project is the subject of an Activity and Use Limitation, which is incorporated herein by reference, and Tenant acknowledges receipt of a copy of such Activity and Use Limitation prior to execution of this Lease. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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 of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesail reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements 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 damage or repair caused by Tenant's negligence or failure to comply with this paragraphClaims.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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. 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, 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s 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 information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Use. SECTION 6.1. The demised leased premises shall may be used only for a Loan and Thrift Company (which permits the taking of deposits and making loans) office (subject always to the provisions of Section 6.2 of this Article VI) and for no other purpose without the written consent of general officeLandlord. Tenant agrees to occupy the leased premises upon the commencement date of the term hereof and to operate continuously the entire leased premises, receivingfully stocked and adequately staffed during the term of this lease, storingand to conduct its business at all times in good faith, manufacturingin a high grade and reputable manner. Tenant shall conduct its business in the leased premises during the regular customary days and hours for such type of business in the city or trade area in which the shopping center is located, repairingand will keep the leased premises open for business during the days, shipping nights, and selling (other than retail) productshours designated by Landlord as standard Center operating periods from time to time. Tenant shall not violate any laws, materials ordinances and regulations affecting the leased premises or Tenant's business therein, plus insurance company requirements affecting the cleanliness, safety, use and occupation of the leased premises. Tenant shall store in the leased premises only such goods, wares and merchandise made and or distributed by as Tenant and intends to offer for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of sale at retail from the leased premises. Outside storageWithout limiting the general prohibition against other uses, including without limitationit is expressly agreed that Tenant in no event will use the leased premises for the sale of liquor, trucks and other vehiclesfor the operation of a bank, is prohibited a restaurant or a video store.
SECTION 6.2. Tenant shall not, without Landlord's prior written consent. Tenant shall at its own cost and expense obtain , conduct any and all licenses and permits necessary auction, fire, closing-out or bankruptcy sales in or about the leased premises nor obstruct the common areas or use the same for business or display purposes, nor abuse walls, ceilings, partitions, floors, wood, stone, or iron work, nor use plumbing for any such use. Tenant shall comply with all governmental lawspurpose other than that for which constructed, ordinances and regulations applicable nor make or permit any noise or odor objectionable to the use public, to other occupants of the Center or the Landlord to emit from the leased premises; nor create, and shall promptly comply with all governmental orders and directives for maintain or permit a nuisance thereon; nor do any act to injure the correctionreputation of the Center; nor without Landlord's prior written consent, prevention and abatement of nuisances in place or uponpermit any radio or television antenna, loud speaker or sound amplifier, or connected with any phonograph or other devices similar to any of the premisesforegoing outside of the building in which the leased premises is located or at any place where the same may be seen or heard outside of said building; nor, all at Tenant's sole expensewhere loading and delivery services are provided, use or permit to be used other entrances for delivery or pick-up of merchandise. Tenant shall not permit any objectionable blinking or unpleasant odors, smoke, dust, gas, noise or vibrations flashing light to emanate emit from the leased premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of . Tenant shall keep the building in which their leased premises are situated or unreasonably interfere with their and loading platform areas allowed for the use of their respective premisesTenant, clean and free from rubbish and dirt at all times, and shall store all trash and garbage within the leased premises and will make the same available for regular pick-up which Landlord will arrange at Tenant's expense. Without Landlord's prior written consent, Tenant shall not receive, store burn any trash or otherwise handle garbage at any product, material time in or merchandise which is explosive or highly flammable. Tenant will not permit about the leased premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to LandlordCenter.
SECTION 6.3. Tenant agrees that not to either directly or indirectly operate any other retail store within a radius of five (5) miles of the point pressure resulting from Tenant's racking systemleased premises of a type similar to the one authorized hereunder for the leased premises.
SECTION 6.4. Landlord reserves the right, inventory, forklifts and equipment pertaining without liability to Tenant's use , to refuse admission to the Center and the leased premises outside ordinary business hours to any person not known to any watchman in charge, or properly identified, to eject any person from the Center whose conduct may tend to be harmful to the safety and interest of Center tenants or to close any part of the Center during any riot or other commotion where person or property may be imperiled.
SECTION 6.5. Tenant may use the Center name as its advertised address when referring to its business in the leased premises in newspaper and other advertising. The right to use such name for such purpose for the term of this lease is hereby licensed by Landlord to Tenant. Landlord retains all property rights in such name and Tenant shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless acquire or have any rights in or to such name other than as are expressly granted by Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage in this Section 6.5 or repair caused by Tenant's negligence or failure to comply with this paragraphotherwise in writing.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such useits use of the Premises. Subject to the provisions of this Lease dealing with Access Laws, Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with with, the premisesPremises, 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 premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises the Premises are situated or unreasonably interfere with their use of their respective premisesPremises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage or storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in In the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to event Tenant's use of the premises Premises shall not exceed allowable design floor loading for floor slabs on grade. result in an increase in insurance premiums, Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphbe solely responsible for said increase.
Appears in 1 contract
Sources: Lease Agreement (Applied Voice Technology Inc /Wa/)
Use. The demised premises Tenant shall be used only for use the purpose of general office, receiving, storing, manufacturing, repairing, shipping Premises as described in the Basic Lease Provisions and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of or allow the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not use or occupy the Premises in any manner, including, without limitation, any method violation of storage which would render law or of the insurance thereon void or the insurance risk more hazardous or cause the State Board certificate of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants occupancy issued for the building Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant, at its sole cost and expense, except as may be provided elsewhere in this lease, , agrees to comply with all laws, rules, regulations and directions of any governmental authority having jurisdiction which Tenant occupies space is caused shall, by reason of the nature of Tenant's use and or occupancy of the premisesPremises, impose any duty upon Tenant or if Tenant vacates Landlord with respect to the premises and causes an increase in such premiums, then Tenant shall pay as additional rental Premises or with respect to the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on gradeor occupation thereof. Tenant shall hold harmless not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord from for any loss, liability, and expenses, both real and alleged, arising out additional insurance premium charged by reason of such damage or repair caused by Tenant▇▇▇▇▇▇'s negligence or failure to comply with the provisions of this paragraphArticle. Tenant shall not allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping office space 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. Lessor does not guarantee or make any representation in connection with the use of the space, and Lessee shall be subject to any building or building complex rules and zoning regulations which shall not impair Tenant's applicable to the Premises. Lessee may only change the use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior Premises with the Lessor’s written consent. Tenant Lessee shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant Lessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and or abatement of nuisances in or upon, or connected with with, the premises, all at Tenant's Lessee’s sole cost and expense.
17. Tenant shall not permit any objectionable Lessee covenants: Not to use the premises for living quarters or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premisesresidence. 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 Surrender the premises to be used Lessor at the end of the Term or any renewal period without the necessity-ty of any notice from either Lessor or Lessee to terminate the same, and Lessee hereby expressly waives all right to any notice respecting said surrender of premises. Lease Agreement for EALIXIR INC ▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 6 Lessee will keep the premises clean, sanitary and in good condition and, upon termination of the tenancy, return the premises to Lessor in a condition identical to that which existed when ▇▇▇▇▇▇ took occupancy, except for ordinary wear and tear and any purpose additions or alterations authorized by Lessor. To keep the premises in good repair at ▇▇▇▇▇▇’s own expense with the exception of those repairs specifically designated as Lessor’s responsibility herein. Not to make any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesLeased Premises contrary to law or contrary to any directions, rules, regulations, regulatory bodies, or if Tenant vacates officials having jurisdiction or which shall be injurious to any person or property. Not to permit any waste or nuisance. Notwithstanding the forgoing, Lessee shall not use the premises and causes an increase in such premiumsfor the purposes of storing, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemmanufacturing or selling any explosives, inventoryflammables or other inherently dangerous substance, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any losschemical, liability, and expenses, both real and alleged, arising out of such damage thing or repair caused by Tenant's negligence or failure to comply with this paragraphdevice.
Appears in 1 contract
Sources: Commercial Lease (Ealixir, Inc.)
Use. The demised premises Tenant warrants and represents to Landlord that the Leased Premises shall be used only and occupied solely for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant purposes set forth in Article 1 and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentwhatsoever. Tenant shall at occupy the Leased Premises, conduct its own cost business and expense obtain any control its agents, employees, invitees and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable visitors (to the use of extent such invitees and visitors are within the premisesLeased Premises) in such a manner as is lawful, reputable 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 expensewill not create a nuisance. Tenant shall not permit any objectionable operation which emits any excessive or unpleasant odorsoffensive odor or matter which intrudes into other portions of the Building, smoke, dust, gas, use any apparatus or machine which makes undue noise or vibrations to emanate from causes undue vibration in any portion of the premisesBuilding or otherwise materially interfere with, nor take annoy or disturb any other action lessee in its normal business operations or Landlord in its management of the Building. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in any way which would, in the reasonable opinion of Landlord, be extra hazardous on account of fire or which would constitute a nuisance in any way increase or would disturb render void the fire insurance on the Building. If any governmental license or endanger any other tenants permit shall be required for the proper and lawful conduct of Tenant's business in the building in which their premises are situated Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or unreasonably interfere permit and shall at all times comply with their use the terms and conditions of their respective premisessame. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle at any product, material or merchandise which is explosive or highly flammable. Tenant will not permit time knowingly suffer the premises Leased Premises to be used for any purpose or occupied in any manner, including, without limitation, any method violation of storage which would render (i) the insurance thereon void or the insurance risk more hazardous or cause the State Board Certificate of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants Occupancy for the building in which Tenant occupies space is caused by Tenant's use and occupancy Leased Premises or for the Building, (ii) any of the premisesprovisions of this Lease, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability(iii) zoning ordinances, and expenses, both real rules and alleged, arising out regulations of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphgovernmental and quasi governmental authorities having jurisdiction over the Building.
Appears in 1 contract
Use. The demised premises a. Tenant covenants with the Landlord not to use the Premises for any purpose other than general office use for the conduct of the Tenant's business. 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, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter 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, or the conduct of Tenant's business therein, including without limitation the Americans With Disabilities Act, as amended and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, 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, its agents, officers, directors and employees alleging or relating to the failure of the Premises 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 Tenant. Without limiting the foregoing, Landlord shall be responsible for removing barriers in the common areas of the Building to the extent that Landlord or an appropriate governmental authority determines that such removal is required by the Americans with Disabilities Act, as amended and to the extent that such removal was not caused by any action or inaction of Tenant. Tenant shall not use or permit the Premises or any part thereof to be used only in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for the any disorderly, unlawful or hazardous purpose of general officeand will not store or maintain therein any hazardous, receiving, storing, manufacturing, repairing, shipping and selling (toxic or highly combustible items other than retail) productsusual and customary office supplies intended for Tenant's use and in such event, materials and merchandise made and or distributed only in such amounts as permitted by applicable law. Tenant and for such other lawful purposes as may be incidental thereto, and subject covenants not to any building or building complex rules and regulations which shall not impair change Tenant's use of the premisesPremises without the prior written approval of Landlord.
b. 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. Outside storageIn the event that Tenant performs or commits any act, including 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 which interferes with the quiet enjoyment of any other tenant of the Building. Tenant will not install or operate in the Premises any electrical or other equipment, other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), without limitationfirst obtaining the prior written consent of Landlord, trucks who may condition such consent upon the payment by Tenant of Additional Rent in compensation for excess consumption of water, electricity and/or other utilities, excess wiring and other 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, ordinances and regulations applicable to the use of the premisessimilar requirements, and shall promptly comply with all governmental orders any changes, replacements or additions to any base building system, as may be occasioned by the operation of said equipment or machinery.
c. Tenant agrees to maintain the Premises, and directives for the correctionTenant Improvements and other Alterations (hereinafter defined) therein, prevention in good order, repair and abatement of nuisances in or upon, or connected with condition during the premises, all Term at Tenant's sole cost and expense. , and Tenant shall not permit any objectionable will, at the expiration 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 termination of the building Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant's personal property) in which their premises are situated good order, repair and condition, as the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or unreasonably interfere with their use of their respective premisesadded to pursuant to this Lease, and except for ordinary wear and tear. Without Landlord's prior written consentLandlord shall have no obligation to Tenant to make any repairs in or to the Premises, the Tenant shall not receive, store Improvements or otherwise handle any product, material Alterations. Any and all damage or merchandise which is explosive or highly flammable. Tenant will not permit injury to the premises to be used for any purpose or in any manner, Premises (including, without limitationbut not limited to, any method of storage which would render the insurance thereon void Tenant Improvements), the Building or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is Land caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiumsby any employee, then agent, contractor, assignee, subtenant, invitee or customer of Tenant shall pay be promptly reported to Landlord and repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall have the option of repairing any such damage, in which case Tenant shall reimburse Landlord for all costs incurred by Landlord in respect thereof as additional rental the amount Additional Rent within fifteen (15) days after Tenant receives Landlord's notice of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphcosts.
Appears in 1 contract
Sources: Deed of Lease (Eurotech LTD)
Use. (a) The demised premises Premises shall be used only for the purpose set forth in Item 18 of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant the Basic Lease Provisions and for such other lawful purposes as may be incidental reasonable and customary uses ancillary thereto, and subject shall not be used for any other purpose. Landlord shall have the right to deny its consent to any building or building complex rules and regulations which shall not impair Tenant's change in the permitted use of the premises. Premises in its sole and absolute discretion.
(b) Outside storagestorage including, including without limitation, drop shipments, dock storage, trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant shall obtain, at its own Tenant’s sole cost and expense obtain expense, any and all licenses and permits necessary for any such useTenant’s contemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with as well as all governmental orders and directives for the correction, prevention and abatement requirements of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseLandlord’s insurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the building in which their premises are situated Property, or unreasonably interfere with their such other tenants’ use of their respective premisesspace. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable.
(c) If any Legal Requirement shall, by reason of the nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Legal Requirements at Tenant’s sole cost and expense. Tenant will Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building (including the Premises) is determined by applicable governmental agencies to not permit be in compliance with Legal Requirements applicable to the premises Property as of the Commencement Date, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property (including the Premises) required by such governmental agencies so that the Property (including the Premises) complies with all such Legal Requirements. The term ‘Legal Requirements’ shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title III of the Americans With Disabilities Act of 1990 and all requirements of Title 24 of the State of California Code), as well as the same may be used for any purpose or in any manneramended and supplemented from time to time, including, without limitation, all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a ‘new’ Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (including the Premises), which require Landlord to make capital expenditures or repairs to the Property (including the Premises) (a ‘New Legal Requirement’), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the tenants in the Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any method ‘grandfather’ provisions pertaining thereto), Landlord agrees to maintain the Property (including the Premises) in compliance with all Legal Requirements.
(d) Tenant shall not at any time use or occupy the Premises in violation of storage which would render the insurance thereon void certificates of occupancy issued for or restrictive covenants pertaining to the Building or the insurance risk more hazardous Premises, and in the event that any architectural control committee or cause department of the State Board or the city or county in which the Property is located shall at any time contend or declare that the Premises are used or occupied in violation of insurance such certificate or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesany such governmental agency, or if Tenant vacates the premises and causes an increase in immediately discontinue such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall not exceed allowable design floor loading for floor slabs on gradebe considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Tenant shall hold harmless Landlord from not place weight upon any loss, liability, portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and expenses, both real and alleged, arising out is permitted by Legal Requirements) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such damage system or repair caused by Tenant's negligence or failure to comply the Building. Tenant shall not create within the Premises a working environment with this paragrapha density of greater than five (5) persons per 1,000 square feet of rentable area.
Appears in 1 contract
Sources: Lease Agreement (Shutterfly Inc)
Use. The demised premises Tenant shall use the Premises for administrative offices, and related storage and shall not use or permit the Premises to be used only for any other purpose without the purpose prior written consent of general officeLandlord, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair be unreasonably withheld, delayed or conditioned. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause cancellation of any insurance policy covering said Building or any part thereof or any of its contents. Landlord represents and warrants that the Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant Premises in accordance with this Lease shall at its own cost and expense obtain not result in 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 breach 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 expenseobligations under the preceding sentence. Tenant shall not do or permit anything to be done in or about the Premises which will, in any objectionable material way, obstruct or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from interfere with the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any rights of other tenants or occupants of the building in which their premises are situated Building or injure or unreasonably interfere with their annoy them or use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit allow the premises Premises to be used for any purpose improper or in unlawful purpose, nor shall Tenant cause, maintain or permit any mannernuisance in, includingon or about the Premises. Landlord acknowledges that Tenant, without limitation, 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. If any increase its subsidiaries and affiliates are engaged in the fire promotion, offering, distribution and extended coverage insurance premiums paid by Landlord sale of adult entertainment and goods, which some reasonable people might find objectionable or other tenants for the building in which Tenant occupies space is caused by morally reprehensible, and so long as Tenant's use business is conducted and occupancy maintained within the confines of the premisesPremises, or if Tenant vacates this Lease authorizes the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading Premises for floor slabs on gradesuch purposes, provided, however, that Tenant agrees to use its diligent efforts to prevent any adult entertainment items or materials which may tend to offend or annoy reasonable persons from being readliy visible to persons passing outside of the Premises (i.e. through a window or open door). Tenant shall hold harmless Landlord from not commit or suffer to be committed any loss, liability, and expenses, both real and alleged, arising out of such damage waste in or repair caused by Tenant's negligence or failure to comply with this paragraphupon the Premises.
Appears in 1 contract
Sources: Lease (New Frontier Media Inc)
Use. The demised premises leased property shall be used only solely for the purpose of general officerecreational amenties for public use. . If the property is used for any other purpose, receivingLessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, storingand not commit any waste thereon. Lessee will not cause, manufacturingor allow to be caused, repairingany nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, shipping at Lessee's sole cost and selling (other than retail) expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and merchandise made and or distributed by Tenant and payment for such other lawful purposes as any environmental remediation that may be incidental theretonecessary, and subject as determined by the Lessor, within the leased property. If any contamination either spread to any building or building complex rules and regulations which shall not impair Tenantwas released onto adjoining property as a result of Lessee's use of the premisesleased property, the Lessee shall be held similarly responsible. Outside storageThe Lessee shall indemnify, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesdefend, and shall promptly comply with all governmental orders and directives for hold harmless the correctionLessor from any claim, prevention and abatement of nuisances in or uponloss, damage, costs, charge, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, expense arising out of any such damage or repair caused by Tenant's negligence or failure to comply with this paragraphcontamination.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises (a) Tenant shall be used use the Premises only for the purpose Permitted Uses, and shall not use or permit the Premises to be used for any other purpose. Landlord warrants that under the terms of general officeits special permit issued by the Town of Waltham, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as the Building may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of used for the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentPermitted Uses. Tenant shall at its own cost not use or occupy the Premises in violation of: (i) any recorded covenants, conditions and expense obtain restrictions affecting the Property of which Tenant has been given notice by Landlord, (ii) any law or ordinance or any Certificate of Occupancy issued for the Building or the Premises, or (iii) any Rules and all licenses and permits necessary Regulations issued by Landlord for any such usethe Building of which Tenant has been given a copy. Tenant shall comply with any directive of any governmental authority with respect to ▇▇▇▇▇▇'s use or occupancy of the Premises. Tenant shall not do or permit anything in or about the Premises which will in any way damage the Premises, cause any noise to emanate from the Premises, obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use the Premises or allow them to be used for any unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, or commit or allow any waste in or upon the Premises. Tenant shall not use utility services in excess of amounts reasonably determined by Landlord to be within the normal range of demand for the Permitted Uses.
(b) Tenant shall not obstruct any of the Common Areas or any portion of the Property outside the Premises, and shall not place or permit any signs, curtains, blinds, shades, awnings, aerials or flagpoles, or the like, visible from outside the Premises.
(c) Tenant shall keep the Premises equipped with all governmental lawssafety appliances required by law because of any use made by Tenant other than ordinary office use, ordinances and regulations applicable shall procure all licenses and permits required because of such use. This provision shall not broaden the Permitted Uses.
(d) Tenant shall not place a load upon the floor of the Premises exceeding the load per square foot such floor was designed to carry, as determined by Landlord or its structural engineer. Partitions shall be considered as part of the load. Landlord may prescribe the weight and position of all safes, files and heavy equipment that Tenant desires to place in the Premises, so as properly to distribute their weight. Tenant's business machines and mechanical equipment shall be installed and maintained so as not to transmit noise or vibration to the Building structure or to any other space in the Building. Tenant shall be responsible for the cost of all structural engineering required to determine structural load and all acoustical engineering required to address any noise or vibration caused by Tenant.
(e) Tenant shall not keep or use any article in the Premises, or permit any activity therein, which is prohibited by any insurance policy covering the Building and Leasehold Improvements, or would result in an increase in the premiums thereunder. In determining whether increased premiums are a result of Tenant's activity, a schedule issued by the organization computing the insurance rate on the Building or the Leasehold Improvements, showing the various components of the premisesrate, and shall be conclusive evidence. Tenant shall promptly comply with all governmental orders reasonable requirements of the insurance authority or of any insurer relating to the Premises. If the use or occupation of the Premises by Tenant or by anyone Tenant allows on the Premises causes or threatens cancellation or reduction of any insurance carried by Landlord, Tenant shall remedy the condition immediately upon notice thereof. Upon ▇▇▇▇▇▇'s failure to do so, Landlord may, in addition to any other remedy it has under this Lease, enter the Premises and directives for remedy the correctioncondition, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. cost, which Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall promptly pay as additional rental the amount rent. Landlord shall not be liable for any damage or injury caused as a result of such increase an entry, and shall not waive its rights to Landlord. Tenant agrees that the point pressure resulting from declare a default because of Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphfailure.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose purposes of general office, receiving, storing, manufacturingshipping, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject . Tenant shall conduct such activities in such a manner as to any building or building complex rules and regulations which shall not impair Tenant's use constitute a violation of the premisescovenants and deed restrictions of Century Plaza. Outside storage, including including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall obtain, at its own cost and expense obtain expense, 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 premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or in, upon, or connected in connection with the premisesPremises, all at Tenant's sole expense. Tenant shall not permit any objectionable objectional or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants Tenants of the building in which their premises are situated on the Premises or unreasonably interfere with their use of their respective premisesPremises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, (including, without limitation, any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retaila) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant TENANT shall not permit any objectionable guest or unpleasant odorsinvitee to reside in the UNIT
b) TENANT acknowledges that that the UNIT may be occupied by another tenant provided the additional tenant has an executed lease with LANDLORD for the UNIT or is listed in Paragraph 1 of this LEASE.
c) TENANT may not commit any act or allow any activity to occur in the UNIT or on the PROPERTY, smokewhich violates or breaks any Federal, dustState or local laws or ordinances, gas, noise or vibrations to emanate from any applicable rules or regulations. TENANT may not use or allow the premises, nor take any other action which would constitute a nuisance UNIT or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises PROPERTY to be used for any purpose disorderly or in illegal purpose. The obligation, to procure the GL Policy on TENANT’s behalf. In this event the TENANT will be charged a non-compliance administrative fee of 15%, this shall be deemed to be additional rent under the Lease and immediately due and payable by TENANT to LANDLORD. LANDLORD does not provide any mannerinsurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of LANDLORD, includingor LANDLORD’s agent's or employee's, without limitationneither LANDLORD nor LANDLORD’s agents and/or employees shall be responsible for any theft, damage, loss or destruction of personal property of TENANT or TENANT's occupants, guests, licensees, invitees or agents due to fire, water, flooding, other casualty, act of God, or any method of storage which would render other causes. TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for damage to the insurance thereon void UNIT or the insurance risk more hazardous PROPERTY, including but not limited to fire and water damage, caused by TENANT’s negligent conduct, or cause the State Board negligent conduct of TENANT’s occupants, guests, licensees, invitees or agents. TENANT agrees to comply in all respects with any applicable policy of insurance or other insurance authority so as to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes not cause an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from premium or void any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphinsurance policy.
Appears in 1 contract
Sources: Residential Lease Agreement
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the Basic Lease Provisions of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 in or upon the Premises if the weight of the same exceeds the structural capacity of the Building or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord and Tenant’s agreement to pay the additional cost thereof, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense, be responsible for and shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)). Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement.
Appears in 1 contract
Use. The demised premises Tenant shall be used only use the Premises for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPermitted Use, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in not use or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any other purpose without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. Ingress and egress for the bulk moving of office furniture, furnishings, equipment and file cabinets shall be done in accordance with Building policy and with advance notification to Landlord. The use of the passenger elevators for delivery of office supplies is permitted in accordance with Building policy. Tenant shall not do, or permit anything to be done, in or about the Premises which will in any mannerway increase the existing rate of, includingor affect any fire or other, without limitationinsurance coverage upon the Building or its contents, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause cancellation of any insurance policy covering said Building or any part thereof or its contents. Tenant shall not do, or permit anything to be done in or about the State Board Premises, including Common Areas, which will in any way obstruct or interfere with the rights of insurance other Tenants or other insurance authority occupants of the Building or injure them or use or allow the Premises to disallow be used for any sprinkler creditsunlawful purpose. If Tenant shall not cause, maintain or permit any nuisance or waste in, on or about the Premises. Tenant shall not use the Premises, or permit them to be used, for any auction, fire, liquidation or bankruptcy sale. In the event of Tenant’s failure to comply with any provision in this paragraph, Landlord, at its option, may require that Tenant pay for any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy rate of the premisesany insurance, or if Tenant vacates the premises and causes an increase in such premiumsfor any other damages, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or said failure to comply with this paragraphcomply.
Appears in 1 contract
Sources: Sublease (Model N, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. 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, 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. Notwithstanding any method other provision herein to the contrary, and except to the extent resulting from Landlord Parties’ negligence or willful misconduct, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of storage which would render action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the insurance thereon void same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the insurance risk more hazardous or cause Premises to comply with any Legal Requirement to the State Board extent such Claims arise out of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's ’s particular use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphPremises.
Appears in 1 contract
Sources: Lease Agreement (Bluebird Bio, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 outside the Premises into the Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment 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. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Premises and Common Areas of the Project with Legal Requirements as of the Commencement Date. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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 of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s 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 information and/or documentation as Landlord may reasonably request, in connection therewith.
Appears in 1 contract
Use. The demised premises 7.1 Tenant shall use the Premises for general office purposes and for use as a production/post-production and television broadcast facility, and all purposes incident thereto and shall not use or permit the Premises to be used only for any other purpose without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion. Tenant shall not use or occupy the Premises in violation of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the purpose of general officeBuilding. Upon five (5) days’ written notice from Landlord, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to shall discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premisesPremises which is declared by any governmental authority having jurisdiction to be a violation of any such recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of said Certificate of Occupancy. Outside storageExcept as otherwise provided in Paragraph 57 hereof, including without limitationTenant shall not install any radio or television antenna, trucks and loudspeaker or other vehicles, is prohibited without Landlord's prior written consentdevice on the roof or exterior walls of the Building. Tenant shall at not interfere with radio or television broadcasting or reception from or in the Building to the extent such facilities exist on the date of this Lease, provided that in all events Tenant shall operate its own cost telecommunication equipment and expense obtain any facilities in and on the Building in compliance with all licenses Applicable Laws. Landlord agrees to use its commercially reasonable efforts to cause other tenants of the Building not to interfere with Tenant’s telecommunication equipment and permits necessary for any such usefacilities located on or in the Building. Tenant shall comply with all any direction of any governmental lawsauthority having jurisdiction which shall, ordinances and regulations applicable by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expenseoccupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any objectionable fire, extended coverage or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance insurance policy covering the Site, the Building, the Premises, and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau 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 premisesorganization performing a similar function. Without Landlord's prior written consentUpon demand, Tenant shall not receive, store or otherwise handle promptly reimburse Landlord as additional rent for any product, material or merchandise which is explosive or highly flammableadditional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 7. Tenant shall not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will not permit in any way obstruct or interfere with the premises rights of other tenants or occupants of the Building, or injure them, or use or allow the Premises to be used for any purpose unlawful purpose. Tenant shall not cause, maintain or permit any nuisance in, on or about the Site, the Building and/or the Premises, or allow any noxious odors to exist at or emanate from the Site, the Building and/or the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Site, the Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any mannerother space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of earth movements. Landlord shall not be responsible for any damage or liability for such events.
7.2 Except for the normal and proper use and storage of typical cleaning fluids and solutions, and office equipment supplies (such as copier toner), in amounts commensurate with Tenant’s permitted use and occupancy of the Premises, and except in connection with the use of the Generator pursuant to Paragraph 56 below, Tenant shall not use, introduce to the Site, the Building and/or the Premises, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Site, the Building and/or the Premises or transport to or from the Site, the Building and/or the Premises any Hazardous Material (as defined below) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Tenant warrants that it shall not make any use of the Site, the Building and/or the Premises which may cause contamination of the soil, the subsoil or ground water. Tenant shall keep and maintain the Premises in compliance with, and shall not cause the Premises to be in violation of, any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises (“Environmental Laws”); provided, however, that (a) Landlord represents and warrants to Tenant that, upon the Delivery Date, there shall be no Hazardous Materials actually existing and present at the Building or the Site or within the Premises as of the Lease Commencement Date in concentrations which present a known health hazard or require remediation or other action pursuant to any Environmental Law, and (b) in no event shall Tenant be responsible for the investigation, cleanup, detoxification or other ameliorative work of any Hazardous Materials in, on or about the Site, the Building and/or the Premises, except to the extent arising from Tenant’s use thereof in violation of Environmental Laws. Tenant shall give immediate written notice to Landlord of (i) any action, proceeding or inquiry by any governmental authority or any third party with respect to the presence of any Hazardous Material on the Site, the Building and/or the Premises or the migration thereof from or to other property or (ii) any spill, release or discharge of Hazardous Materials that occurs with respect to the Site, the Building and/or the Premises or Tenant’s operations.
(a) Tenant shall indemnify and hold harmless Landlord, its directors, officers, members, employees, agents, successors and assigns (collectively “Landlord Parties”, individually a “Landlord Party”) from and against any and all claims arising from Tenant’s use of the Site, the Building and/or the Premises in violation of the terms, covenants and conditions of Paragraph 7.2 above. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and liabilities incurred by any of the Landlord Parties for any such claim or any action or proceeding brought thereon including, without limitation, (i) all foreseeable consequential damages including without limitation loss of rental income and diminution in property value; and (ii) the costs of any method cleanup, detoxification or other ameliorative work of storage which would render any kind or nature required by any governmental agency having jurisdiction thereof, including without limitation all costs of monitoring and all fees and expenses of consultants and experts retained by and of the insurance thereon void Landlord Parties. This indemnity shall survive the expiration or termination of this Lease. In any action or proceeding brought against any of the Landlord Parties by reason of any such claim, upon notice from such Landlord Party if such Landlord Party does not elect to retain separate counsel, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to such Landlord Party.
(b) Landlord shall indemnify and hold harmless Tenant, its directors, officers, employees, agents, successors and assigns (collectively, “Tenant Parties”, individually a “Tenant Party”) from and against any and all claims arising from or relating to Hazardous Materials actually existing and present at the Building or the insurance risk more hazardous Site or cause within the State Board Premises (i) as of insurance the Lease Commencement Date, or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is (ii) not caused by Tenant's use , its employees, agents or contractors. The indemnity shall include all costs, fines, penalties, judgments, losses, attorney’s fees, expenses and occupancy liabilities incurred by any of the premisesTenant Parties for any such claim or any action or proceeding brought thereon including the cost of any clean up, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof and including, without limitation, all fees and expenses of consultants and experts retained by any of the Tenant Parties. This indemnity shall survive the expiration or termination of this Lease. Any action or proceeding brought against Tenant Parties by reason of any such claim, upon notice from such Tenant Party, if such Tenant Party does not elect to retain separate counsel, Landlord shall defend the same at Landlord’s expense by counsel reasonably satisfactory to such Tenant Party.
(c) As used herein, the term “Hazardous Material” shall mean any substance or material which has been determined by any state, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property, including all of those materials and substances designated as hazardous or toxic by the city or state in which the Premises are located, the U.S. Environmental Protection Agency, the Consumer Product Safety Commission, the Food and Drug Administration, the California Water Resources Control Board, the Regional Water Quality Control Board, San Francisco Bay Region, the California Air Resources Board, CAL/OSHA Standards Board, Division of Occupational Safety and Health, the California Department of Food and Agriculture, the California Department of Health Services, and any federal agencies that have overlapping jurisdiction with such California agencies, or if Tenant vacates any other governmental agency now or hereafter authorized to regulate materials and substances in the premises and causes an increase in such premiums, then Tenant shall pay as additional rental environment. Without limiting the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use generality of the premises foregoing, the term “Hazardous Material” shall not exceed allowable design floor loading for floor slabs on grade. Tenant include all of those materials and substances defined as “hazardous materials” or “hazardous waste” in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as the same shall hold harmless Landlord be amended from any losstime to time, liabilitypetroleum, petroleum-related substances and the by-products, fractions, constituents and sub-constituents of petroleum or petroleum-related substances, asbestos, and expensesany other materials requiring remediation now or in the future under federal, both real and allegedstate or local statutes, arising out of such damage ordinances, regulations or repair caused by Tenant's negligence or failure to comply with this paragraphpolicies.
Appears in 1 contract
Sources: Office Lease (Current Media, Inc.)
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises, Tenant’s Work or Tenant’s Alterations (as defined in Section 12)) 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, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises, Tenant’s Work or if Tenant vacates Tenant’s Alterations. Notwithstanding any other provision herein to the premises and causes an increase in such premiumscontrary, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by Tenant's negligence or in connection with the failure of the Premises to comply with Legal Requirements from and after the Commencement Date, 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 during the Term (except for any non-compliance for which Landlord is responsible under the terms of this paragraphLease and/or any other matters which Tenant is not responsible for as expressly provided for in this Lease). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.
Appears in 1 contract
Sources: Lease Agreement (Receptos, Inc.)
Use. The demised premises Premises shall be used only and occupied by Tenant solely for the purpose of general officePermitted Use set forth in the Basic Lease Information, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental thereto, and subject to any building use or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentpurpose. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to not use or permit the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances Premises in any manner that would tend to create waste or upona nuisance, or connected with that would unreasonably disturb other tenants or neighbors of the premisesPremises, all at Tenant's the Building or the Property, nor shall Tenant place or maintain any signs, antennas, awnings, lighting or plumbing fixtures, loudspeakers, exterior decoration or similar devices on the Premises, Building or the Property or anything that would be visible from the exterior of the Premises without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole expensediscretion. Tenant shall not permit do, bring, keep or sell anything in or about the Premises or the Property that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any objectionable insurance policy covering the Property or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premisespart thereof. Without Landlord's prior written consent, Tenant shall not receiveuse any corridors, store sidewalks, stairs, elevators or otherwise handle other areas outside of the Premises for storage or any product, material or merchandise which is explosive or highly flammablepurpose other than access to the Premises. Tenant will shall not use, keep or permit the premises to be used for or kept on the Premises any purpose foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in any manner, including, without limitation, any method of storage and about the Premises which would render violate the insurance thereon void Rules attached hereto as Exhibit B or the insurance risk more hazardous terms of any covenants, conditions or cause restrictions affecting the State Board of insurance Building or the Property. Tenant shall cooperate with Landlord and other insurance authority to disallow any sprinkler credits. If any increase tenants in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase Building with respect to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's ▇▇▇▇▇▇’s use of the premises loading docks and shall not exceed allowable design floor leave any truck unattended by or near the loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphdocks.
Appears in 1 contract
Sources: Industrial Gross Lease (Gores Metropoulos II, Inc.)
Use. The demised premises Tenant shall be used use and occupy the Premises only for the purpose of general officeAgreed Use, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such no other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expensepurpose. Tenant shall not permit any objectionable use or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any other purpose without Landlord’s prior written consent, which may be granted or withheld in Landlord’s sole discretion. Tenant shall not use or permit the use of the Premises, or suffer or permit any person or persons to use the Premises or any part thereof for any purposes or in a manner that is unlawful, creates damage, waste or disturbs owners and/or occupants of, causes damage to, neighboring properties, or in any mannerway that is contrary to any rules and regulations Landlord may require of Tenant, as the same may be amended by Landlord from time to time, or in violation of the laws of the United States of America, the State of California, the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any method such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, the “Applicable Requirements”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of storage which would render the insurance thereon void Project or obstruct or interfere with the insurance risk more hazardous or cause the State Board rights of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the building Premises. Tenant shall comply with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. At its sole cost and expense, Tenant shall promptly comply with all such Applicable Requirements, including, without limitation, Applicable Requirements in which effect to limit the spread of Infectious Conditions for itself and its employees, agents, contractors and invitees. Tenant occupies space is caused by will obtain and pay for all licenses and permits (including any business licenses) required for Tenant's ’s use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphPremises.
Appears in 1 contract
Sources: Commercial Lease (NantKwest, Inc.)
Use. The demised premises Lessee shall be used only use the Premises solely for the purpose purposes of general office, receiving, storing, manufacturing, repairingmarketing and distribution. Lessee shall not use, shipping and selling or permit or suffer the use of, the Premises for any other business or purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (other than retailvehicles used for daily transportation) productsoutside of the leased premises without the prior written consent of Lessor. If Lessee does so, materials Lessee shall be considered to have abandoned such property and merchandise made Lessor may, at its option and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject without prejudice to any building of Lessor's other rights or building complex rules and regulations which shall not impair Tenant's use remedies hereunder or at law or equity, remove or retain the property, whereupon all rights of the premisesLessee with respect to it shall cease. Outside storageIf Lessor removes and/or stores the property in public storage for the Lessee's account, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant the Lessee shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable be liable to the use of the premisesLessor for, and shall promptly comply pay to Lessor forthwith on demand, the cost of removal and storage, with interest at ten percent (10%) per annum on 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 such expenses from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants date of expenditure by the building in which their premises are situated or unreasonably interfere with their use of their respective premisesLessor. Without Landlord's prior written consent, Tenant Lessee shall not receive, store store, or otherwise handle any product, material or merchandise anything which is explosive or highly flammableinflammable in or from the Premises. Tenant No auction, fire or bankruptcy sales may be conducted in or from the Premises without the previous written consent of Lessor. Lessee shall not use, or permit or suffer in the Premises anything that will not increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any ruling of the State Insurance Rating Bureau, or its successors, which would allow the Lessor to obtain reduced rates for long term insurance policies; or maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done upon the Premises in any way tending to create a safety hazard or nuisance or to disturb any other lessees of Lessor in the Complex; or to use or permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading Premises for floor slabs on grade. Tenant shall hold harmless Landlord from lodging or sleeping purposes, or for any loss, liability, and expenses, both real and alleged, arising out of such damage immoral or repair caused by Tenant's negligence or failure to comply with this paragraphillegal purposes.
Appears in 1 contract
Sources: Lease Agreement (Direct Focus Inc)
Use. The demised premises Premises shall be used only for the purpose of general medical office,including without limitation MRI imaging, as well as, receiving, storing, manufacturing, repairing, shipping and selling (other shipping(other than retail) productsretail)products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful Iawful purposes as may be incidental thereto, ,and subject to any building or building complex rules and regulations which shall not impair Tenant's use of Landlord,Gwinnett County,the premisesstate of Georgia or the Federal Government. Outside storage, ,including without limitation, ,trailers,trucks and other vehicles, ,is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such usetheir Use. Tenant shall comply with all governmental laws, ,ordinances and regulations applicable to the use Use of the premisesPremises, 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, Premises,all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, ,smoke, ,dust, ,gas, ,noise vibrations,or vibrations potentially dangerous materials to emanate from the premisesPremises, nor take any other action which would constitute a nuisance or would otherwise disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with any tenants, maintenance personnel or guests within or about their Premises or their use of their respective premisesthereof. Without Landlord's prior written consent, ,Tenant shall not receive, ,store or otherwise handle any product, ,material or merchandise which is explosive or explosive,highly flammable,illegal,or otherwise regulated without proper documentation and approvals. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner(including without limitation, limitation any method of storage which storage)which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building Building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, Premises,or if Tenant vacates the premises Premises and causes an increase in such premiums, ,then Tenant shall pay as additional rental Additional Rental the amount of such increase to Landlord. Notwithstanding,Tenant's Use shall be fully compliant under the Gwinnett County M-2 Zoning laws.
(a) Tenant agrees that the point pressure resulting from Tenant's racking system, ,inventory, forklifts ,forklifls and equipment pertaining to Tenant's use of the premises shall Premises(to the extent applicable)shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, ,liability, ,and expenses, ,both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphSection 7. 8.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair . Tenant's current use of the premisesPremises is acceptable to Landlord. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant may park one delivery-type truck on the property. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such useits use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, and shall promptly comply with all governmental orders and directives for including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with with, the premisesPremises, 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 premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises the Premises are situated or unreasonably interfere with their use of their respective premisesPremises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in In the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to event Tenant's use of the premises Premises shall not exceed allowable design floor loading for floor slabs on grade. result in an increase in insurance premiums, Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphbe solely responsible for said increase.
Appears in 1 contract
Use. The demised premises Premises shall be used only by Tenant for the purpose of general office, receiving, storing, manufacturing, repairing, shipping training and selling (other than retail) products, materials testing space and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of be used for any other purpose without the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consentconsent of Owner. Tenant shall not use the Premises in any manner constituting a violation of any ordinance, statute, regulation, or order of any governmental authority. Tenant shall use the Premises in a safe, careful, proper, and lawful manner and shall keep and maintain the Premises in as good a condition as when ▇▇▇▇▇▇ first took possession thereof, and Tenant shall not commit, or allow to be committed, any act of waste, in or about the Premises or the Building. Tenant shall not create, maintain, or permit any nuisance in the Premises or the Building, or permit any objectionable or offensive noise or odors to be emitted from the Premises. If Tenant uses the Premises in any manner which would invalidate any policy of insurance now or hereafter carried on the Building or increase the rate of premiums payable on any such insurance policy, Owner may, at its own cost and expense obtain any and all licenses and permits necessary option, require Tenant to discontinue such use or to reimburse Owner as additional rent for any such useincrease in premiums attributable to the use being made by the Tenant. Tenant shall comply with all governmental laws, ordinances the Rules and regulations applicable to Regulations governing the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesbuilding, or if Tenant vacates which Rules and Regulations are attached hereto as Exhibit "C". Owner may amend the premises Rules and causes an increase in such premiumsRegulations from time to time, then Tenant shall pay as additional rental the amount and a written copy of such increase amendments will be given to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises who shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to thereafter comply with this paragraphthe same.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises Premises shall be used only for the purpose of general office, bonded warehousing (if allowed by the appropriate governmental authorities) light manufacturing, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant Tenant, as defined by current Dade County zoning ordinances, and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord agrees that Tenant shall may park or store trucks at its own truck loading areas. Tenant shall, at its own cost and expense expense, obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premisesPremises, whether of federal, state or local origin, and shall promptly comply with all governmental orders and directives for the correction, prevention prevention, and abatement of nuisances in or upon, upon or connected with the premisesPremises, 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 premisesPremises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building Building or nearby buildings in which their premises are situated situated, or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive explosive, highly flammable or highly flammableenvironmentally dangerous, hazardous or sensitive. Tenant will not permit the premises Premises to be used for any purpose or in any manner, manner (including, without limitation, any method of storage storage) which would render the insurance thereon therein void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space tenant(s) is caused by Tenant's use and occupancy or Tenant's vacation of the premises, or if Tenant vacates the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental rental, the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's Tenant racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises Premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, liability and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphParagraph.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of general officethis Lease, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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 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 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 shall not be unreasonably withheld or delayed. Landlord acknowledges that the equipment existing in the Premises as of the Commencement Date is in compliance with the immediately preceding sentence. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, 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, including the ADA. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, any method compliance of storage which would render the insurance thereon void Premises with the ADA) related to Tenant’s use or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisesPremises. Notwithstanding any other provision herein to the contrary, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemaction, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liabilitydamages or judgments, and expensesall reasonable expenses incurred in investigating or resisting the same (including, both real without limitation, reasonable attorneys’ fees, charges and allegeddisbursements and costs of suit) (collectively, “Claims”) arising out of such damage or repair caused by in connection with Legal Requirements related to Tenant's negligence ’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with this paragraphany Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.
Appears in 1 contract
Use. The demised premises Premises shall be used only solely for the purpose of general officePermitted Use set forth in the Basic Lease Provisions, receivingand in compliance with all laws, storingorders, manufacturingjudgments, repairingordinances, shipping regulations, codes, directives, permits, licenses, covenants and selling 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 than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and subject to each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise Premises which is explosive or highly flammabledeclared 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 Premises to be used for any purpose or in any mannermanner 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. Tenant shall reimburse Landlord as Operating Expenses 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 not place any machinery or equipment weighing 2,500 pounds or more in or upon the Building or transport or move such items in the Building elevators weighing 1,000 pounds or more 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. Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by any Legal Requirements. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, any method reasonable attorneys’ fees, charges and disbursements and costs 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premisessuit) (collectively, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, “Claims”) arising out of such damage or repair caused by Tenant's negligence in connection with compliance of the Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises (including, but not limited to, the Building Infrastructure) to comply with this paragraphany Legal Requirement.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's Licensee’s use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant Licensed Property shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable inure exclusively to the benefit of Licensor, and Licensee shall not acquire any rights therein by virtue of its use thereof. Licensee recognizes the unique value of the Licensed Property and the value of the goodwill associated therewith, and the secondary meaning that the Licensed Property and goodwill have acquired in the mind of the public. Licensee’s use of the premisesLicensed Property shall not confer or imply a grant of rights, title or interest in the Licensed Property or goodwill associated therewith and all ownership of copyrights, trademarks and other rights in the Licensed Property and in all artwork, packaging, copy, literary text, advertising and promotional materials of any sort utilizing the Licensed Property, including all such materials developed by Licensee, and the goodwill pertaining thereto, (“Collateral Materials”) shall promptly comply with be and at all governmental orders times remain in the name of Licensor. Collateral Materials shall not include any trademarks or copyrighted material that was owned and directives utilized by Licensee prior to its use of the Licensed Property. All Collateral Materials shall constitute “works made for hire” within the correctionmeaning of U.S. copyright law, prevention whereby Licensor shall be deemed the author of all such Collateral Materials and abatement all ownership rights will vest initially in Licensor upon creation of nuisances the Collateral Materials without any further action by any party hereto. Licensee hereby acknowledges that all works made for hire shall be the sole property of Licensor. All Collateral Materials shall be prepared by an employee-for-hire of Licensee under Licensee’s sole supervision, responsibility and monetary obligation. If third parties who are not employees of Licensee contribute to the creation of the Collateral Materials, Licensee shall obtain from such third parties, prior to commencement of work, a full written assignment of rights so that all right, title and interest in or uponthe Collateral Materials, or connected with throughout the premisesuniverse, all at Tenant's sole expensein perpetuity, shall vest immediately in Licensor. Tenant Licensee shall not permit any objectionable of its employees or unpleasant odorsthird parties to obtain or reserve, smoke, dust, gas, noise by written or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance oral agreement or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitationotherwise, any method rights as “authors” or “inventors” of storage which would render the insurance thereon void any artwork or the insurance risk more hazardous designs(as such terms are used in present or cause the State Board of insurance future U.S. copyright and/or patent statutes or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphjudicial decisions).
Appears in 1 contract
Sources: Merchandising License Agreement
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premisesregulations. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances ordianances and regulations applicable to the use of the premises, and shall promptly comply with all governmental government orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants Tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts forklift and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose of general office, storage of wireless communication products and accessories and/or receiving, storing, manufacturing, repairing, shipping and selling (other than retailbut limited to wholesale sales) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storagehowever, including without limitation, trucks and other vehicles, is prohibited without with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall at its own cost and expense obtain not conduct or give notice of any and all licenses and permits necessary for any such useauction, liquidation, or going out of business sale on the Premises. Tenant shall comply with all governmental lawswill use the Premises in a careful, ordinances safe and regulations applicable to proper manner and will not commit waste, overload the use floor or structure of the premises, and shall promptly comply with all governmental orders and directives for Premises or subject the correction, prevention and abatement of nuisances in or upon, or connected with Premises to use that would damage the premises, all at Tenant's sole expensePremises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise noise, or vibrations to emanate from the premisesPremises, nor or take any other action which that would constitute a nuisance or would disturb disturb, unreasonably interfere with, or endanger Landlord or any other tenants of the building in which their premises are situated or unreasonably interfere with their use Project. Outside storage, including without limitation, storage of their respective premises. Without trucks and other vehicles, is prohibited without Landlord's prior written consent, Tenant . The Premises shall not receivebe 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, store all as may be amended from time to time. Tenant shall, at its expense, make any alterations or otherwise handle any productmodifications, material within or merchandise which is explosive without the Premises, that are required by Legal Requirements related to Tenant's use or highly flammableoccupation of the Premises. Tenant will not use or permit the premises Premises to be used for any purpose or in any mannermanner that would void Tenant's or Landlord's insurance, including, without limitation, any method of storage which would render increase the insurance thereon void or the insurance risk more hazardous risk, or cause the State Board disallowance of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage cost of any insurance premiums paid by Landlord on the Premises or other tenants for the building in which Tenant occupies space Project is caused by Tenant's use and occupancy or occupation of the premisesPremises, or if because Tenant vacates the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use Any occupation of the premises Premises by Tenant prior to the Commencement Date shall not exceed allowable design floor loading for floor slabs on grade. be subject to all obligations of Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with under this paragraphLease.
Appears in 1 contract
Sources: Lease Agreement (Brightpoint Inc)
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehiclesvehicles and the washing thereof at any time, 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, 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 nuisances, in or upon, or connected with with, the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's Tenants use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Sources: Lease Agreement (Cd Warehouse Inc)
Use. The demised premises shall be used only Tenant covenants and agrees to occupy and use the Premises for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental theretopurpose, and subject to use them in a careful, safe, and proper manner; to pay on demand for any building damage to the Premises caused by misuse or building complex rules and regulations which shall not impair abuse thereof by Tenant, Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in agents or uponemployees, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take of any other action which would constitute a nuisance person entering upon the Premises under express or would disturb implied invitation of Tenant, not to use or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purposes prohibited by the laws, codes, rules, and regulations of the United States, the State of Colorado, or of any applicable municipality or quasi-governmental entity. Tenant shall not commit waste or suffer or permit waste to be committed or permit any nuisance on or in the Premises. In the event that any officials shall hereafter at anytime contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are used for a purpose which is a violation of any permit, certificate of occupancy, statute, ordinance or other requirement of law applicable to the Building Complex or the Premises, Tenant shall, upon five (5) days written notice from Landlord, immediately discontinue such use of the Premises. Tenant, at its sole expense, shall comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public office or officers, pursuant to law which shall impose any violation or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Tenant shall not use or suffer or permit any other firm or person to use the Premises for any hazardous purpose or in any mannermanner that will violate, includingsuspend, without limitationvoid, make inoperative or increase the rate of any method policies of storage which would render insurance of any kind at any time carried by Landlord upon the insurance thereon void Premises or the insurance risk more hazardous Building Complex or cause the State Board of insurance or other insurance authority to disallow any sprinkler creditsfixtures and property therein. If any Any increase in the fire and extended coverage cost of any insurance premiums paid carried by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining attributable to Tenant's use of activities on the premises Premises or Tenant's failure to perform and observe Tenant's obligations and covenants hereunder shall not exceed allowable design floor loading for floor slabs on grade. be borne by Tenant shall hold harmless and payable to Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure time to comply with this paragraphtime on demand.
Appears in 1 contract
Use. The demised premises Premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant Use stated on the Data Sheet and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is garbage containers and outdoor furniture are prohibited without Landlord's ’s prior written consent. Tenant shall shall, at its own cost and expense expense, obtain any and all licenses and permits necessary for Tenant’s Use prior to the Commencement Date. Further, Tenant shall be responsible for ensuring that the Use is an allowable use under the zoning code of the City of Plymouth, as the same may be amended from time to time, it being understood and agreed that the fact that the Use is not allowed shall not excuse Tenant’s full payment and performance under this Lease. Landlord makes no representations or warranties of any such usekind or nature that the Use is a permitted use under the zoning code of the City of Plymouth or any other governmental entity or agency with jurisdiction over the Building. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use Use of the premisesPremises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances nuisance in or upon, or connected with with, the premisesPremises, all at Tenant's ’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise which that is explosive or highly flammable. Tenant will not permit the premises Premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage which storage) that would render the insurance thereon on the Building or the property on which the Phase is located (“Property”) void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space Building is caused by Tenant's ’s use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiumsPremises, then Tenant shall pay as additional rental to Landlord the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systemincrease, inventorywithin ten (10) days after written demand therefor, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraphas Additional Rent.
Appears in 1 contract
Sources: Lease Agreement
Use. The demised premises Tenant shall be used use the Premises only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling permitted use (other than retailas defined in Paragraph 1(h) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablehereof). Tenant will not occupy or use the Premises, or permit any portion of the premises Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any mannermanner or extra hazardous on account of fire, includingnor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents; and in the event that, without limitationby reason of acts of Tenant, 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. If there shall be any increase in the fire and extended coverage rate of insurance premiums paid by Landlord on the Building or other tenants for the building in which Tenant occupies space is caused contents created by Tenant's use ’s acts or conduct of business and occupancy then such acts of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay as additional rental to Landlord the amount of such increase to on demand and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Tenant agrees that the point pressure resulting from Tenant's racking systemwill conduct its business and control its agents, inventoryemployees and invitees in such a manner as not to create any nuisance, forklifts and equipment pertaining to Tenant's use nor interfere with, annoy or disturb other tenants or Landlord in management of the premises shall not exceed allowable design floor loading for floor slabs on gradeBuilding. Tenant shall hold harmless Landlord from will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any lossjurisdiction thereof) with reference to use, liability, and expenses, both real and alleged, arising out condition or occupancy of such damage or repair caused by Premises. Tenant's negligence or failure ’s obligation to comply with this paragraphall laws specifically includes any and all laws relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.
Appears in 1 contract
Use. The demised premises shall be used only for the purpose of general office, receiving, storing, manufacturingassembling, repairingpreparing for sale, shipping and selling (other than retail) products, materials and merchandise made and or and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other vehiclesvehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of tractor trailers perpendicular to and abutting Tenant's loading docks is permitted. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with with, the premises, all at Tenant's sole expense; provided, that Tenant shall not be obligated to correct any failure of -------- Landlord's Work to comply with applicable laws as of the commencement date. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammableinflammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, manner (including without limitation, limitation any method of storage storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to comply with this paragraph.
Appears in 1 contract
Use. The demised premises 10.1. Tenant shall be used only use the Premises for the purpose of general officepurposes set forth in Section 2.7 (or any one, receivingor any combination of, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as may be incidental theretopurposes), and subject to any building or building complex rules and regulations which shall not impair Tenant's use the Premises, or permit or suffer the Premises to be used, for any other purpose without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
10.2. Tenant shall not use or occupy the Premises in violation of Applicable Laws; zoning ordinances; or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the premises. Outside storage, including without limitation, trucks and other vehicles, Premises if such use is prohibited without Landlord's prior written consentin violation of Applicable Law or declared or claimed by any Governmental Authority having jurisdiction to be a violation of any of the above. Tenant shall shall, at its own sole cost and expense obtain expense, promptly and properly observe and comply with (including in the making by Tenant of the any Alterations to the Premises): (a) all present and future orders, regulations, directions, rules, laws, ordinances, and requirements of all licenses and permits necessary Governmental Authorities arising from the use or occupancy of, or applicable to, the Premises or any portion thereof (except for any such useorders, regulations, directions, rules, laws, ordinances or requirement that it is contesting in accordance with this Section 10.2); and (b) any direction of any Governmental Authority having jurisdiction that shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall comply with all governmental lawssafety, ordinances fire protection and evacuation procedures and regulations applicable established by any Governmental Authority. Notwithstanding the foregoing, Tenant shall not be obligated to comply with any declaration, direction or other governmental rule or governmental action (a) whose application or validity is being contested by Tenant diligently and in good faith by appropriate proceedings if Tenant’s failure to comply therewith neither creates any material risk of any financial liability or criminal sanction against Landlord or the Premises, nor creates any material risk of damage to the Premises, nor creates any risk to Landlord’s title to or rights in the Premises, or (b) compliance with which shall have been excused or exempted by a nonconforming use permit, waiver, extension or forbearance exempting it from such declaration, direction or other governmental rule or governmental action.
10.3. Tenant shall not do or permit to be done anything that will invalidate the cost of any fire, environmental, extended coverage or any other insurance policy covering the premisesPremises, and shall promptly comply with all governmental orders rules, orders, regulations and directives requirements of the insurers of the Premises, and Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the correctionprovisions of this Article.
10.4. Tenant shall, prevention upon termination of this Lease, return to Landlord all keys to offices and abatement restrooms either furnished to or otherwise procured by Tenant. In the event any key so furnished to Tenant is lost, Tenant shall pay to Landlord the cost of nuisances replacing the same or of changing the lock or locks opened by such lost key if Landlord shall deem it necessary to make such change.
10.5. No awnings or other projections shall be attached to any outside wall of the Building in violation of any Applicable Laws.
10.6. Tenant shall, at Tenant’s sole cost and expense, have the right to install legally permitted signage on the Premises (including any building thereon) (“Signage”), which Signage shall be subject to Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or upondelayed. Tenant shall keep the Signage in good condition and repair. The size, design, and other physical aspects of any sign shall be subject to Landlord’s written approval prior to installation, which approval will not unreasonably be withheld, and shall conform to all covenants, conditions, and restrictions encumbering the Premises and all Applicable Laws. The cost of the sign(s), including but not limited to the permitting, installation, maintenance and removal thereof shall be at Tenant’s sole cost and expense. If Tenant fails to maintain its sign(s), or connected with if Tenant fails to remove such sign(s) upon termination of this Lease, or fails to repair any damage caused by such removal (including without limitation, painting the premisesdamaged portions of the Building and any other portions of the Building that Landlord reasonably determines in good faith shall be painted so that repainting the damaged portion of the Building does not adversely affect the visual appearance of the Building, all if required by Landlord), Landlord may do so at Tenant's sole ’s expense. Tenant shall not permit any objectionable reimburse Landlord within twenty (20) days after written demand for all reasonable costs incurred by Landlord to effect such maintenance, removal or unpleasant odorsrepair, smokewhich amounts shall be deemed Additional Rent and shall include without limitation, dustall sums disbursed, gasincurred or deposited by Landlord, noise or vibrations including Landlord’s costs, expenses and actual attorneys’ fees with interest thereon. Notwithstanding the foregoing, Landlord has observed, and hereby approves, all existing signage on the Premises, and all future repairs and replacements to emanate from such existing signage, so long as such repairs and replacements: (a) are consistent with the premisessize, nor take any design, quality and other action which would constitute a nuisance or would disturb or endanger any other tenants physical aspects of the building existing signage, (b) are in which their premises compliance with Applicable Laws, (c) are situated or unreasonably interfere with their use paid for at Tenant’s sole cost and expense, and (d) do not adversely affect the visual appearance of their respective premisesthe Building. Without Landlord's prior written consentIn addition, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammablehave the right to incorporate its company logo and trademarks as part of the design of its Signage.
10.7. Tenant will shall only place equipment within the Premises with floor loading consistent with the structural design of the Building without Landlord’s prior written approval, and such equipment shall be placed in a location designed to carry the weight of such equipment. If Tenant desires to place equipment within the Premises that exceeds the floor loading consistent with the structural design of the Building, Tenant shall make any structural enhancements necessary to carry the weight of such equipment in accordance with the terms and conditions of Article 17 hereof.
10.8. Tenant shall not permit (a) use or allow the premises Premises to be used for unlawful purposes or (b) cause, maintain or permit any purpose waste in, on or in about the Premises.
10.9. Notwithstanding any mannerother provision herein to the contrary but subject to Section 10.2 hereof, including, without limitation, 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. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking systembe responsible for all liabilities, inventory, forklifts costs and equipment pertaining to Tenant's use of the premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, expenses arising out of such damage or repair caused by Tenant's negligence or failure to comply in connection with this paragraphthe compliance during the Term of the Premises with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, the “ADA”).
Appears in 1 contract
Sources: Lease (Arena Pharmaceuticals Inc)