Common use of Use Clause in Contracts

Use. Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 2 contracts

Sources: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)

Use. Tenant shall be entitled to may use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose only for the entire Lease Term. Any discontinuance Permitted Use, and must comply with all applicable statutes, laws, ordinances, codes, orders, rules and regulations, as well as all requirements of such use for a period any of sixty consecutive calendar days shall be, at Landlord's electioninsurance providers, a default by Tenant under relating to the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use use, condition and occupancy of the Premises. The Premises solely may not be used for the purposes for any use which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity is disreputable, creates fire hazards, or results in an increased rate of insurance on the Building or its contents; (ii) cause damage to would violate any part covenant, agreement, term, provision or condition of this Lease or is in contravention of the Premises, certificate of occupancy or zoning ordinances pertaining to the Building; (iii) would alter, affect or interfere with or would overload the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating mechanical or air conditioning system within HVAC systems or servicing the Premises or any other component of the Building, or would exceed the floor load per square foot which the floor was designed to carry and which is allowed by law; or (iiiiv) damage would, in Landlord's judgment, in any way impair or tend to impair or exceed the efficient operation of the sprinkler system (if any) within design criteria, structural integrity, character, reputation or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof appearance of the Building. Tenant shall will not affix any equipment to conduct or make any penetrations permit the generation, transportation, storage, installation, treatment or cuts disposal, either in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, of any hazardous or toxic materials, and Tenant will keep the Building and the Premises free of any lien or claim imposed under any federal, state or local environmental statute, law, ordinance, code, rule or regulation. If, because of Tenant's acts, the rate of insurance on the Building or its contents increases, then such acts will constitute an Event of Default, Tenant must pay to Landlord the amount of such increase on demand, and acceptance of such payment will not waive any of Landlord's other rights. Tenant agrees to conduct its business and control its agents, employees, and invitees in such a manner as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 2 contracts

Sources: Lease Agreement (Paragon Financial Corp), Lease Agreement (Hotjobs Com LTD)

Use. Tenant shall be entitled to use the Premises solely only for office/research and development, sales, marketing and other related uses and the permitted use (or no other use whatsoeveras defined in Paragraph 1(h) hereof). Tenant shall continuously and without interruption will not occupy or use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall bePremises, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or permit any portion of the Premises solely to be occupied or used for any business or purpose other than the purposes permitted use or for any use or purpose which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in or about any way increase the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity rate of fire insurance on the Building or (ii) cause damage contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any part of the Premises, the Building, the Common Areas or the PropertyLandlord's other rights provided herein. Tenant shall will conduct its business and control its agents, employees and invitees in such a manner as not operate to create any equipment within the Premises which does nuisance, nor interfere with, annoy or could (i) injure, vibrate disturb other tenants or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof Landlord in management of the Building. Tenant shall not affix 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 equipment jurisdiction thereof) with reference to use, condition or make occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any penetrations or cuts and all laws relating to environmental hazards and, as set forth in the floorSubparagraph 8(c) hereof, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentsto accessibility by persons with disabilities. Tenant shall will not, without the prior written consent of Landlord, such consent not place to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any explosivesigns, flammable window or harmful fluids door lettering or other waste materials advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use writing to any of the Common Areas for foregoing items in the storage of its materialspreceding sentence, supplies, inventory or equipment Tenant will maintain such permitted items in good condition and all such materials, supplies, inventory or equipment shall repair at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertytimes.

Appears in 2 contracts

Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)

Use. (a) Tenant shall be entitled to use the Premises solely only for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverthe Permitted Use. Tenant shall continuously and without interruption will not occupy or use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall bePremises, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or permit any portion of the Premises solely to be occupied or used, for any business or purpose other than the purposes Permitted Use or for any use or purpose which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Project or about contents; and in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the PremisesProject or contents created by Tenant’s acts or conduct of business then Tenant shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the Buildinginsurance increase to be fully eliminated, the Common Areas or the Property which does or could (i) jeopardize the structural integrity and acceptance of the Building or (ii) cause damage to such payment shall not constitute a waiver of any part of Landlord’s other rights provided herein. Landlord hereby agrees and acknowledges that based on what Landlord knows of Tenant’s intended use of the Premises, the BuildingPermitted Use shall not increase Landlord’s fire insurance rates. Tenant 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 Common Areas Project. Tenant will maintain the Premises in a clean and safe condition and will comply with all laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to its specific manner of use of the Propertypremises. Tenant will not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the exterior of 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 item in good condition and repair at all times. Outside storage, including but not limited to trucks or other vehicles or equipment shelter, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Tenant shall not permit its employees or invitees to transport or store any Hazardous Substance, except for standard office supplies and cleaning products, to, on or from the Project and/or Premises except in strict compliance with Environmental Law and shall promptly report to Landlord any spill or other discharge of any Hazardous Substance caused by Tenant, its employees or invitees which occurs (i) on the Premises or (ii) in the Project. Tenant shall, promptly, following the occurrence of any such spill or discharge caused by Tenant, its employees or invitees, commence all such containment and remediation activities as may be necessary to comply with Environmental Law. Tenant shall not operate any equipment within continue such remediation activities until the Premises have been restored to the condition in which does or could (i) injure, vibrate or shake they existed on the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyCommencement Date.

Appears in 2 contracts

Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)

Use. The Leased Premises are leased to Tenant shall be entitled to use the Premises solely for office/research the Permitted Use set forth in Article 1.9 above and development, sales, marketing and other related uses and (or for no other use purpose whatsoever. Tenant shall continuously and without interruption not use or occupy or permit the Leased Premises for such purpose for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the entire Lease Term. Any discontinuance Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of such use for or affect any casualty or other insurance on the Building, the Project or any of their respective contents, or make void or voidable or cause a period cancellation of sixty consecutive calendar days shall beany insurance policy covering the Building, at Landlord's election, a default by Tenant under the terms Project or any part thereof or any of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoevertheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building, Building and/or the Common Areas Project which will in any way obstruct or interfere with the Property which does rights of other tenants or could (i) jeopardize the structural integrity occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage the Project or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertyinjure them. Tenant shall not use or allow the Leased Premises to be used for any of improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Common Areas for Leased Premises, the storage of its materialsBuilding and/or the Project. In addition, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit or suffer to be committed any waste in or about upon the Leased Premises, the BuildingBuilding and/or the Project. Tenant shall not use the Leased Premises, the Common Areas Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the Propertyadmission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot, which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.

Appears in 2 contracts

Sources: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

Use. Tenant shall have the right, at its sole expense, to install, construct, maintain, modify and repair (and, with Landlord's prior written approval, which shall not be entitled to use the Premises solely for office/research unreasonably withheld) supplement, replace and development, sales, marketing upgrade radio and other related uses communications transmitting and receiving antennas, supporting mounts' and cables, equipment, storage structures and other improvements relating thereto (or no other use whatsoevercollectively the "Equipment") on the Site. Tenant shall continuously provide Landlord a description of the external antennas and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leasetheir mounting brackets included. Tenant shall have the right to use use, as reasonably determined by Landlord and Tenant, the Building conduit and sleeving connecting such locations and servicing the equipment as currently existing within, provided, however, that Tenant shall connect its Equipment to those adequate sources of electricity and telephone which are located closest to Tenant's site (with the consent and coordination of the appropriate telecommunications provider) unless Landlord has given, its written approval of Tenant connecting to alternative sources. The aforementioned uses and equipment are hereafter referred to as "Permitted Uses". Except as specifically approved by Landlord in writing (which approval shall not be unreasonably withheld or delayed), antennas and other Equipment must not extend above Building roof parapet walls or be visible from the Common Areas in conjunction with its Permitted Use of and shall be located on the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant All exterior antennas and other external Equipment shall be painted so as to reasonably match the appearance of the surfaces on which they are mounted. Any changes in number, type, or location of antennas or other Equipment shall require Landlord's prior written approval, which shall not affix any equipment be unreasonably withheld. Tenant may install at its sole cost and expense a chain link non-electrified security fence around the Site so long as it provides Landlord with a duplicate key to or make any penetrations or cuts the fence. All Equipment and all work performed with respect thereto shall be in the floor, ceiling, walls or roof of the Premises' compliance with all Laws at Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentssole cost and expense. Tenant shall not place be solely responsible, at its expense, for securing any explosiveand all building permits and approvals, flammable zoning changes or harmful fluids approvals, variances, use permits and other governmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, "Permits,') prior to any construction or other waste materials work on the Site. Landlord agrees to reasonably cooperate with Tenant in obtaining the drainage systems Permits, provided Landlord is not obligated to expend any funds, bring any legal actions in furtherance of the Premisessame, or have any liability or cost associated therewith. Tenant agrees to reimburse Landlord, on demand, its reasonable attorney's fees to review any documentation requested to be executed or consent to by Landlord. Landlord makes absolutely no representations or warranties regarding the Building, Permits or whether the Common Areas or Permits are obtainable and shall have no liability to Tenant for failure to obtain any Permits. Copies of the PropertyPermits shall be provided to Landlord within five (5) days of obtaining same and in all events prior to installation of the Equipment. Tenant shall promptly pay all costs and expenses incurred in connection with the installation, construction, maintenance, repair, operation, upgrade, replacement or removal of the Equipment and shall not drain cause or discharge permit any fluids lien to be created against the Site. Nothing in this Rider will be deemed in any way to give Tenant any right, power or authority to contract for or permit to be furnished any service or materials which would give rise to the filing of any construction, mechanics' or materialmen's lien against Landlord's estate or interest in the landscaped areas Project, it being agreed that no estate or across interest of Landlord in the paved areas Project will be subject to any lien arising in connection with any alteration, additions or improvements made by or on behalf of Tenant. Tenant agrees to incorporate the provisions of this paragraph into the contract with any contractor installing the Equipment or otherwise conducting work on the Site on behalf of Tenant; provided, however, Tenant's inadvertent failure to make such notification shall not be deemed a default of this Rider or the Lease. Landlord reserves the right, in addition to the foregoing, to record in the public records a notice of non-responsibility as provided for in the Construction Lien law. Tenant shall, within ten (14) days after being requested to do so by Landlord, execute, acknowledge and deliver to Landlord a notice of this Rider in recordable form confirming that the terms of the PropertyRider with the third party expressly provides that the interest of Landlord in the Project shall not be subject to liens for improvements made or other work performed by or on behalf of Tenant and such other information as may be required by Chapter 713, Florida Statutes to prevent the interest of Landlord in the Project from being subject to liens for improvements made or other work performed by or on behalf of Tenant. Tenant shall not only use any of the Common Areas Equipment for its own personal use, and in no event shall Tenant be permitted to allow the Equipment to be used by or for the storage direct or indirect benefit of its materialsanyone other party other than an affiliate and any entities into which Tenant is merged or consolidated, suppliesor an entity to which a substantial portion of Tenant's assets are transferred, inventory or equipment and all such materials, supplies, inventory any permitted assignee or equipment shall at all times be stored within subtenant under the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyLease.

Appears in 1 contract

Sources: Office Lease (Mackenzie Investment Management Inc)

Use. Tenant a. The Premises shall be entitled to use the Premises solely used and occupied by Tenant for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose only for the entire use described in and in accordance with the Basic Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of Information and Rules and Regulations attached to this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed Lease as Exhibit B and intended aid for no other purposes whatsoeverpurpose. Tenant shall not do or permit anything to be done in or about the PremisesPremises which will in any way conflict with any applicable laws, statutes, ordinances, rules, regulations, orders and requirements (collectively, “Applicable Laws”) now in force or which may hereafter be enacted. Tenant, at its sole cost and expense, shall promptly comply with all such present and future Applicable Laws relating to the Buildingcondition, the Common Areas use or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part occupancy of the Premises, and shall perform all work to the Premises or other portions of the Building required to effect such compliance (or, at Landlord’s reasonable election, Landlord may perform such work at Tenant’s cost). Notwithstanding the foregoing, however, Tenant shall not be required to perform any structural changes to the structural portions of the Building, and the Common Areas public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises is located (the “Base Building”), unless such changes are related to or affected or triggered by (i) Tenant’s alterations, (ii) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for general office purposes in a normal and customary manner), (iii) Tenant’s particular employees or employment practices, or (iv) the construction of initial improvements to the Premises by Tenant, if any. The judgment of any court of competent jurisdiction or the Propertyadmission of Tenant in an action against Tenant, whether or not Landlord is a party thereto, that Tenant has violated any Applicable Laws shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately furnish Landlord with any notices received from any insurance company or governmental agency or inspection bureau regarding any unsafe or unlawful conditions within the Premises or the violation of any Applicable Laws. Tenant shall not operate any equipment within use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which does unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or could invitees damage the Premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the Premises without Landlord’s written consent, which consent may be withheld in Landlord’s sole and absolute discretion, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Premises or the Building or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord upon demand the amount of such increase. b. Tenant shall faithfully observe and comply with the rules and regulations attached to this Lease as Exhibit B, and, after notice thereof, all reasonable modifications thereof and additions thereto from time to time promulgated in writing by Landlord which do not materially increase Tenant’s obligations or materially decrease Tenant’s rights under the Lease. Landlord shall not be responsible to Tenant for the nonperformance by any other tenant or occupant of the Building of any of said rules and regulations, but Landlord shall use good faith efforts to enforce the rules and regulations consistently. c. Tenant shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (i) injurecollectively, vibrate “Hazardous Materials”). As herein used, Hazardous Materials shall include, but not be limited to, those materials that are hazardous, toxic, radioactive or shake carcinogenic materials, substances or wastes. Tenant shall not cause, or allow its agents, employees or contractors to cause, any Hazardous Materials to be used, generated, stored, or disposed of on or about the Premises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its trustees, employees, property manager and agents, any entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, “Indemnitees”) harmless from and against, and shall reimburse the Indemnitees for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification set forth above. Tenant’s obligations unless this Section 7 shall survive the expiration or termination of this Lease. d. As required by Section 1938(a) of the California Civil Code, Landlord discloses to Tenant that the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). As required by Section 1938(e) of the California Civil Code, Landlord also states that: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” As permitted by the quoted language above, it is agreed that: (i) any CASp inspection requested by Tenant shall be requested by Tenant within ten (10) days after the date on which this Lease has been executed by Landlord and Tenant, (ii) damage, overload or impair Landlord shall be an intended third party beneficiary of the efficient operation contract under which the inspection is to be performed and the contract shall otherwise comply with the provisions of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or Lease applicable to Tenant contracts for construction; (iii) damage or impair the efficient operation CASp inspection shall be conducted (A) at Tenant’s sole cost and expense, (B) by a CASp approved in advance by Landlord and only after ten (10) days’ prior written notice to Landlord of the sprinkler system date of such CASp inspection, (if anyC) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (D) in a manner reasonably satisfactory to Landlord, and (E) shall be addressed to, and, upon completion, promptly delivered to, Landlord and Tenant; (iv) the information in the inspection shall not be disclosed by Tenant to anyone other than contractors, subcontractors, and consultants of Tenant who have a need to know the information therein and who agree in writing not to further disclose such information; (v) Tenant, at its sole cost and expense, shall be responsible for making any improvements, alterations, modifications and/or repairs to or within or servicing the Premises or the Building. Tenant shall nor install to correct violations of construction-related accessibility standards including, without limitation, any equipment or antennas on or make violations disclosed by such CASp inspection; and (vi) if such CASp inspection identifies any penetrations improvements, alterations, modifications and/or repairs necessary to correct violations of the exterior walls or roof of the Building. Tenant shall not affix any equipment construction-related accessibility standards relating to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity those items of the Building or damage its floorslocated outside the Premises that are Landlord’s obligation to repair as set forth in Section 9.a. below, foundations or supporting structural components. then Landlord shall perform such improvements, alterations, modifications and/or repairs as and to the extent required by Applicable Laws to correct such violations, and Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas reimburse Landlord for the storage cost of its materialssuch improvements, suppliesalterations, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored modifications and/or repairs within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyten (10) business days after Tenant’s receipt of an invoice therefor from Landlord.

Appears in 1 contract

Sources: Office Lease (Life360, Inc.)

Use. Tenant The demised premises shall be entitled to use used only for the Premises solely purpose of (5) receiving, storing, shipping and selling (other than retail) for office/research interest, materials and developmentmerchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Under no circumstances shall the premises be used for gambling or the retail sale of alcoholic beverages, sales, marketing and other related whether or not those uses and (or no other use whatsoevermay be lawful. Outside storage is prohibited without Landlord's prior written consent. Tenant shall continuously at its own cost and without interruption use the Premises expense obtain any and all licenses and permits necessary for any such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leaseuse. Tenant shall have comply with all governmental laws, ordinances and regulations applicable to the right to premises or use thereof, and shall promptly comply with all governmental orders and directives for the Common Areas correction, prevention and abatement of nuisances in conjunction with its Permitted Use or upon, or connected with, the premises, all at (6). Without limiting the generality of the Premises solely for foregoing, and subject to paragraph 6, Tenant shall at its own cost and expense install and construct all physical improvements to the purposes for premises, interior and exterior, required by any Federal, State or local building code or other law or regulation enacted after the date on which they were designed and intended aid for no other purposes whatsoeverthis lease is executed by Tenant, or after said date determined retroactively to apply to the premises, (7) made necessary by the nature of Tenant's use of the premises. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done in emanate from the premises, nor take any other action which would constitute a nuisance or about the Premises, the Building, the Common Areas would disturb or the Property which does or could (i) jeopardize the structural integrity endanger any other tenants of the Building building in which the premises are situated or (ii) cause damage to any part unreasonably interfere with their use of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentstheir respective premises. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in a load upon the drainage systems floor of the Premisespremises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. Without Landlord's prior written consent, the Building, the Common Areas or the Property. Tenant shall not drain receive, store or discharge otherwise handle any fluids product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous. If at any time during the term of this lease the State Board of Insurance or other insurance authority disallows any of Landlord's sprinkler credits or imposes an additional penalty or surcharge in Landlord's insurance premiums because of Tenant's original or subsequent placement or use of storage racks or binds, Tenant's method of storage, the nature of Tenant's inventory or any other act of Tenant, Tenant agrees to pay, as additional rental, the increase (between fire walls) in Landlords insurance premiums, and, upon demand by Landlord, to correct at Tenant's expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority. Additionally, Tenant shall pay to any other tenants in the landscaped areas building in which the premises are situated, upon demand, any increases in such other tenant's insurance premiums or across charges caused by the paved areas acts of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyTenant.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Use. Tenant shall The Premises may be entitled to use the Premises solely used and occupied only for general business office/research and development, sales, marketing administrative, software engineering, and other related uses software research and (or development purposes and for no other use whatsoeveror purpose without Landlord's prior consent, which consent shall not be unreasonably withheld. Tenant shall continuously and without interruption In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises for such purpose for by Tenant, Landlord may withhold consent if the entire Lease Term. Any discontinuance of such proposed use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under is either not compatible with the terms use as an office building or violates another provision of this Lease. Tenant shall have the right comply with all present and future Laws relating to Tenant's use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 - RULES AND REGULATIONS), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the purposes for which they were designed and intended aid for no other purposes whatsoevercost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the provisions of Section 3.2(a)(1)(G) above). Tenant shall not do do, bring, keep or permit sell anything to be done in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of, or an increase in the Buildingexisting premium (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any insurance policy covering the Common Areas Project or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance. Tenant shall not, without the prior consent of Landlord, bring into the Building or the Property which does Premises anything that may cause substantial noise, odor or could vibration, overload the floors in the Building or any of the heating, ventilating and air-conditioning (i) "HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("BUILDING SYSTEMS"), or jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertythereof.

Appears in 1 contract

Sources: Lease Agreement (3do Co)

Use. Tenant The Demised Premises shall be entitled used and occupied by Tenant for any office, warehouse or storage use permitted by applicable zoning ordinances so long as such use is in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Demised Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated, as a result of the purpose or manner of said use, to use make any addition or alteration to or in the Building. The Demised Premises solely shall not be used in any manner which will increase the rates required to be paid for office/research public liability or for fire and development, sales, marketing and other related uses and (or no other use whatsoeverextended coverage insurance covering the Demised Premises. Tenant shall continuously occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful and reputable, and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Landlord will not lease space adjacent to the Demised Premises to any tenant whose use could reasonably be expected to result in odors, noise, fumes or any other unreasonable interference with Tenant's use of the Demised Premises or whose use of parking, combined with other tenants, could reasonably be expected to be more than 5 spaces per 1,000 rentable square feet. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Demised Premises. Outside storage on the Demised Premises of any type of equipment, property or materials owned or used by Tenant or its customers or suppliers shall not be permitted, without interruption use Landlord's prior written consent. Landlord acknowledges and agrees that Tenant's employees may park their vehicles overnight or longer at the Premises Property in connection with business related travel in the area designated on Exhibit B for such purpose for the entire Lease Termpurpose. Any discontinuance of such use for a period of sixty consecutive calendar days shall beLandlord agrees to install, at Landlord's electionexpense, a default by Tenant under six (6) "Visitor Only" signs on six (6) parking stalls near the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use front door of the Demised Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas as depicted on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.Exhibit B.

Appears in 1 contract

Sources: Lease Agreement (Mgi Pharma Inc)

Use. 6.1 Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose only for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purpose or purposes whatsoeverwithout Landlord’s prior written consent. Tenant shall not do at any time leave the Premises vacant, but shall in good faith continuously throughout the Lease Term conduct and carry on upon the Premises the type of business for which the Premises are leased. 6.2 Tenant shall not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor keep anything upon the Premises nor permit anything to be done on or around the Premises that will in any way invalidate, or about increase the rate of insurance on the Building. Landlord shall not occupy or use the Retained Areas, or permit any portion of the Retained Areas to be occupied or used, for any use or purpose which is unlawful in part or in whole, disreputable in any manner, or extra hazardous on account of fire, nor keep anything upon the Retained Areas nor permit anything to be done on or around the Retained Areas that will in any way invalidate, or increase the rate of insurance on the Building. 6.3 Tenant shall not permit any objectionable or unpleasant odors to emanate from the Premises; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the exterior of the Building; nor take any other action which in the exclusive judgment of Landlord would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Premises. Landlord shall not permit any objectionable or unpleasant odors to emanate from the Retained Areas; nor place or permit any radio, television, loud-speaker or amplifier outside the Building; nor place an antenna, awning or other projection on the front exterior of the Building; nor take any other action which would constitute a nuisance or would disturb or endanger neighboring properties; nor do anything which would tend to injure the reputation of the Property. 6.4 Tenant shall maintain the Premises and Common Areas in at least its present condition, ordinary wear and tear excepted. Tenant shall store all trash and garbage on the Premises or in portions of the Common Areas or approved by Landlord in a neat and sanitary manner and arrange for the Property which does or could (i) jeopardize the structural integrity regular pick-up of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertysuch trash and garbage at Tenant’s expense. Tenant shall not operate any equipment within the Premises which does an incinerator or could (i) injure, vibrate burn trash or shake garbage upon the Premises or the BuildingProperty. 6.5 Tenant shall procure, (ii) damageat Tenant’s sole expense, overload or impair any permits and licenses required for the efficient operation transaction of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing business by Tenant in the Premises and, at Tenant’s sole expense, 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 the Buildinguse, condition or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof occupancy of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (Chuy's Holdings, Inc.)

Use. Tenant The Premises shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose used for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the BuildingBuilding or Property anything which is prohibited by any law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted, including, without limitation, the Common Areas Americans with Disabilities Act of 1990, as amended (collectively, “Applicable Law”). Tenant shall use and cause all contractors, agents, employees, invitees and visitors of Tenant to use the Premises and any common area of the Property in such a manner as to prevent waste, nuisance and any disruption of other occupants. No vehicles or materials shall be permitted to block any sidewalks, driveways, loading docks or any other common area nor shall any vehicle be parked in the parking lot for longer than is necessary for the customary business purposes of Tenant. Landlord shall have the right, but not the obligation, to remove any vehicles and dispose of any materials, debris, or other items in violation of this section and such removal or disposal shall be at the sole risk of Tenant and Tenant shall pay the cost therefor to Landlord as Additional Rent upon demand. Tenant will not allow any signs, cards or placards to be posted, or placed within the Premises such that they are visible outside of the Premises except as specifically provided for in this Lease. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale in the Premises. Tenant will not use the Premises or permit the Premises to be used as “a place of public accommodation” within the meaning of the Americans with Disabilities Act of 1990, as amended (the “ADA”) and Tenant shall make any changes to the Premises and Building necessary to accommodate Tenant’s employees with disabilities. Tenant will not place a load upon any floor in the Premises exceeding the floor load per square foot of area which such floor was designed to carry or which is allowed by law. Tenant shall, at Tenant’s sole cost and expense, make any changes necessary to bring the Premises into compliance with any Applicable Law to the extent those changes arise from Tenant’s unique use of the Premises and not from its use as general office space. The judgment of any court of competent jurisdiction or the Property which does admission by Tenant in any action or could (i) jeopardize proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any Applicable Law in the structural integrity of the Building use or (ii) cause damage to any part occupancy of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant Property shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems be conclusive of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment that fact as between Landlord and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyTenant.

Appears in 1 contract

Sources: Lease (Capitol Investment Corp. V)

Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any use of the Premises that is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Provided that Tenant has prior knowledge of the then current terms of Landlord's insurance coverage with respect to the Project, (i) Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any such use, and (ii) Tenant shall be entitled reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of Tenant's failure to comply with the provisions of this Section. Tenant will use the Premises solely for office/research in a careful, safe and developmentproper manner and will not commit waste, sales, marketing and other related uses and (overload the floor or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part structure of the Premises, subject the BuildingPremises to uses that would damage the Premises or obstruct or interfere with the rights of Landlord or other guests, invitees, licensees, or other authorized users 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 office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts other space in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentsProject. Tenant shall not place any explosive, flammable equipment weighing 500 pounds or harmful fluids more in or other waste materials upon the Premises or transport or move such items through the Common Areas of the Project or in the drainage systems Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises and 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 Americans With Disabilities Act, 42 U.S.C. (S) 12101 et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, provided that the Buildingforegoing obligation shall not apply to the extent any non-compliance with Legal Requirements is due to a Construction Defect. Notwithstanding any other provision herein to the contrary, the Common Areas or the Property. Tenant shall not drain be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or discharge judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, Legal Fees) (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 fluids and all Claims arising out of or in the landscaped areas or across the paved areas connection with any failure of the Property. Tenant shall not use Premises to comply with any Legal Requirement, except to the extent, and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyLandlord.

Appears in 1 contract

Sources: Lease Agreement (Paradigm Genetics Inc)

Use. Tenant 11.1 The Premises shall be entitled to use the Premises solely for office/research used and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default occupied by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the general office purposes for which they were designed and intended aid for no other purposes whatsoeverpurpose without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building, or the Project, with respect to the suitability thereof for the conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect or cause a cancellation of any fire or other insurance covering the Building, the Common Areas Area, or the Property Premises or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises any article which does or could (i) jeopardize may be prohibited by a standard form policy of insurance. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the structural integrity provisions of this Article 11. Tenant agrees that it will use the Premises in such manner as not to interfere with the rights of other tenants of the Building or (ii) cause damage to any part of Common Area. Tenant shall neither use nor allow the Premises, Building or Common Area to be used for any unlawful purpose, nor cause, maintain or permit any nuisance or waste in, on or about any portion of the Building, the Common Areas or the PropertyProject. Tenant shall will not operate place a load upon any equipment within floor exceeding the Premises floor load which does or could (i) injuresuch floor was designed to carry, vibrate or shake and Landlord reserves the Premises or right to prescribe the Building, (ii) damage, overload or impair the efficient operation location of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids safe or other waste materials heavy equipment in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit use or allow anything to be committed any waste done in or about the Premises or the Project which will in any way conflict with any law, ordinance or governmental regulation or requirement of any board of fire underwriters or any duly constituted public authority now in force or hereafter enacted or promulgated affecting the use or occupancy of the Premises, the Buildingand shall pomptly comply with all such laws or requirements at its sole cost and expense. The judgment of any court of competent jurisdiction or any admission by Tenant that Tenant has violated any such law, the Common Areas statute, ordinance, rule, regulation or the Propertyrequirement shall be conclusive of such fact as between Landlord and Tenant.

Appears in 1 contract

Sources: Office Lease (Trimark Holdings Inc)

Use. Tenant Sublessee shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the general office purposes for which they were designed and intended aid for no other purposes whatsoeverpurpose. Tenant No shipping or receiving function shall be allowed. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or permit suffer anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within upon the Premises which does will cause structural injury to the premises or could (i) injurethe building of which the same form a part. The Premises shall not be overloaded and no machinery, vibrate apparatus or shake other appliance shall be used or operated upon the Premises or the Building, (ii) damage, overload or impair the efficient operation made of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. Sublessee shall not leave the Premises unoccupied or servicing vacant during the term. No musical instrument of any sort, or any noise making device will be operated or allowed upon the premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any part thereof for any purpose which will increase the Buildingexisting rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering the building or any part thereof. Tenant shall nor install If any equipment act on the part of Sublessee or antennas on or make any penetrations use of the exterior walls premises shall cause directly or roof indirectly, any increase of the BuildingSublessor's insurance expense, said additional expense shall be paid by Sublessee or Sublessor upon demand. Tenant No such payment by Sublessee shall not affix any equipment to or make any penetrations or cuts limit Sublessor in the floorexercise of any other rights or remedies, ceiling, walls or roof constitute a waiver of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling Sublessor's right to require Sublessee to discontinue such act or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyuse.

Appears in 1 contract

Sources: Sublease Agreement (Xiox Corp)

Use. The Initial Ground Floor Premises shall be used and occupied for laboratory, ambulatory out-patient medical office, or general business office purposes, and for no other use or purpose. In no event shall any portion of the Premises be used for the purpose of an in-patient medical clinic or hospital use. The Initial Third Floor Premises and the Additional Premises shall be used and occupied for general business office purposes, and for no other use or purpose; provided, however, that if Tenant obtains approval for medical use on the third floor from the applicable governmental authorities and compliance with such approval does not require additional parking spaces in the Parking Facility to be allocated to Tenant, Tenant shall be entitled permitted to use up to 5,000 sq. ft. of the Initial Third Floor Premises solely or the Additional Premises or both for laboratory or ambulatory out-patient medical office/research . As part of Tenant’s use as an ambulatory out-patient medical office, as contained above, Tenant shall be permitted to handle human blood, bodily fluids and developmentsyringes so long as Tenant fully complies with all applicable Laws relating to such use, salesincluding proper handling, marketing storage and disposal of such human blood, bodily fluids and syringes. In no event shall Tenant use the sanitary or storm sewer systems serving the Building or the Project for disposal of any human blood or other related uses and (or no other use whatsoeverbodily fluids. Tenant shall continuously comply with all present and without interruption future Laws relating to Tenant’s use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Except for its permitted use hereunder, Tenant shall not do, bring, keep or sell anything in or about the purposes for which they were designed and intended aid for no other purposes whatsoeverPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not do or permit anything the Premises to be done occupied or used in any manner that will constitute waste or about a nuisance, or disturb the Premisesquiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the BuildingPremises shall not be used for educational activities, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the Common Areas or the Property which does or could prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof (the “Base Building”); (ii) cause damage connect to any part the utility systems of the PremisesBuilding any apparatus, the Building, the Common Areas machinery or the Property. Tenant shall not operate any other equipment within the Premises which does other than typical low power task lighting or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, office equipment; or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing connect to any electrical circuit in the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations other load with aggregate electrical power requirements in excess of 80% of the exterior walls or roof rated capacity of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertycircuit.

Appears in 1 contract

Sources: Lease Agreement (Hemacare Corp /Ca/)

Use. Tenant The Building shall be entitled used for office purposes (the "Permitted --- --------- Use") and for no other purpose. Tenant agrees not to use or permit the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use of --- the Premises for such any purpose for which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the entire Lease Termcost of insurance coverage with respect to the Premises. Any discontinuance In the event there shall occur any increase in the cost of insurance coverage with respect to the Premises which results from Tenant's acts or conduct of business, Tenant hereby agrees to pay the amount of such use for a period of sixty consecutive calendar days shall be, at increase in insurance expense on Landlord's election, demand and Tenant's failure to promptly pay to Landlord the amount of such increase in cost shall be a default by hereunder. Acceptance of such payment shall not constitute Landlord's waiver of any default or of any of Landlord's rights or remedies hereunder relating to Tenant under using or permitting the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for any purpose which they were designed and intended aid for no other purposes whatsoeveris illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance. Tenant shall will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not do to interfere with, annoy or permit anything to be done disturb other tenants of the Project or Landlord in or about the management of the Premises. Tenant will maintain the Building in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity, deed restrictions, restrictive covenants or easements with reference to the use, condition or occupancy of the Building, including but not limited to the Common Areas or Americans with Disabilities Act ("ADA"). --- Notwithstanding anything herein contained, Landlord warrants and represents to Tenant that the Property which does or could Premises (i) jeopardize the structural integrity but excluding any portion of the Building which was designed by Tenant's architect) shall be in compliance with all laws, ordinances, orders, rules and regulations of any governmental entity, deed restrictions, restrictive covenants or (ii) cause damage easements with reference to any part the use, condition or occupancy of the Premises, on the BuildingCommencement Date of this Lease and that Tenant shall have no obligation or liability to remedy any such non- compliance existing on the Commencement Date. Subject to the aforesaid, Tenant shall be required to maintain the Common Areas Building in compliance with any such laws, ordinances, orders, rules and regulations, deed restrictions, restrictive covenants or easements, including ADA, after the PropertyCommencement Date of this Lease including but not limited to any special requirements of Tenant's employees. SUBJECT TO THE AFORESAID, TENANT HEREBY INDEMNIFIES AND HOLDS LANDLORD AND ALL INDEMNITEES (HEREINAFTER DEFINED) HARMLESS AGAINST ANY SUCH NON-COMPLIANCE. Tenant will comply with the rules and regulations of the Premises adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit "G" and made a part ----------- hereof. Notwithstanding anything herein contained, for so long as the Building is a single tenant facility leased to Tenant, Tenant shall not operate any equipment within be bound by and need not comply with the Premises which does or could (i) injuresaid Building rules and regulations, vibrate or shake with the Premises or exception of Exhibit "G", Items 3, 6, 12, 15 and 18 relating to the Building, (ii) damage, overload or impair the efficient operation prohibition of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or smoking ----------- ------------------------- in the Building. Tenant shall nor install agrees not to commit or allow any equipment or antennas waste to be committed on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems portion of the Premises, and at the Buildingtermination of this Lease to deliver up the Building to Landlord in as good condition as at the Commencement Date, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment ordinary wear and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertytear excepted.

Appears in 1 contract

Sources: Office Lease Agreement (Netsolve Inc)

Use. Tenant shall be entitled to occupy and use the Premises solely only for office/research the Permitted Use and developmentshall comply with all Laws relating to the use, salescondition, marketing access to, and other related uses occupancy of the Premises. Tenant will not commit waste, overload the Building Structure or the Building Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state Law governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such Laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (or no b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Project, other than compliance that is necessitated by the use whatsoever. Tenant shall continuously and without interruption use of the Premises for such purpose for other than the entire Lease Term. Any discontinuance Permitted Use or as a result of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default any alterations or additions made by Tenant under the terms of this Lease(which risk and responsibility shall be borne by Tenant). Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the The Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to used for any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Buildinguse that creates extraordinary fire hazards, or (iii) damage results in an increased rate of insurance on the Project or impair the efficient operation of the sprinkler system (if any) within its contents, or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). If, because of a Tenant Party’s acts or because Tenant fails to perform its materialsobligations under this Lease, suppliesthe rate of insurance on the Project or its contents increases, inventory or equipment and all Tenant shall pay to Landlord the amount of such materialsincrease within thirty (30) days upon demand, supplies, inventory or equipment provided that acceptance of such payment shall at all times be stored within the Premisesnot waive any of Landlord’s other rights. Tenant shall conduct its business and control each other Tenant Party so as not commit nor permit to be committed create any waste nuisance or unreasonably interfere with other tenants or Landlord in or about its management of the Premises, the Building, the Common Areas or the PropertyProject.

Appears in 1 contract

Sources: Lease Agreement (Online Resources Corp)

Use. Subject to compliance with all Laws (defined below), Tenant may at its own cost and expense, use the Leased Premises solely to construct, install, operate, maintain, repair, replace, protect and secure, its equipment and related equipment, cables, accessories and improvements as described in Schedule "B" (collectively "Tenant's Installations"). Landlord also grants to Tenant the right to (i) install and operate transmission cable from the equipment to the antennas, electric lines from the main feed to the equipment and telephone lines from the main telephone entry point to the equipment, and (ii) erect, construct or make Property improvements, alterations or additions ("Tenant's Changes") appropriate for Tenant's use subject to Landlord's reasonable approval, which approval shall not be unreasonably withheld or delayed so long as such are reasonably within the scope of Tenant's Installation shown on Schedule "B". Tenant's Changes may include enclosing or sheltering equipment, capping or modifying any sprinkler system in the equipment space, if permitted by Law, and adding HVAC and storing sealed batteries outside of the Leased Premises, if Tenant so requests, at locations in or on the Building mutually agreed upon by the parties, provided that no wires, cables, conduits or other connections shall be located on the exterior of the Building except as shown on Schedule B. Tenant shall pay all costs incurred by Landlord in reviewing and approving any such changes (up to a maximum per request for change of $1,000 to be entitled to use the Premises solely for office/research and development, sales, marketing evidenced by invoices and other related uses documentation reasonably requested by ▇▇▇▇▇▇), including costs for Landlord's architect's and consultants promptly upon demand as additional rent hereunder. All Tenant Installations shall remain Tenant's personal property and may be removed by Tenant at any time during the term, but in any event shall be removed by Tenant no later than thirty (30) days after the Lease has been terminated or no has expired. Tenant agrees that, upon termination or expiration of this Lease, the Tenant shall restore the Leased Premises to its condition as of the Commencement Date (as defined in Paragraph 4 below), reasonable wear and tear and damage from the elements, casualty and eminent domain excepted. All costs of Tenant's Installation including electrical connections, telephone service, cable, climate control and other use whatsoeveritems shall be borne by the Tenant. Electrical, telephone and other cable and appurtenances shall be concealed wherever feasible and where this is not feasible, all such runs, locations and methods shall be subject to the prior approval of Landlord. Tenant shall continuously utilize so-called stealth design techniques where practical and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance additional cost of such use for a period of sixty consecutive calendar days shall be, at will not reduce the rent to be paid to Landlord hereunder. All damage to the Landlord's election, a default facilities caused by the Tenant under or its personnel or contractors shall be repaired by the terms Tenant to the satisfaction of this Leasethe Landlord. Tenant shall have provide Landlord with the right name(s) and telephone number(s) of personnel who shall respond within two (2) hours to use emergency calls from the Common Areas in conjunction with its Permitted Use Landlord. Such calls include, but, are not limited to complaints of disturbing noises such as bells, whistles, voices etc. The current name(s) and phone number(s) of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverTenant's emergency response are set forth in Schedule C, annexed hereto. Tenant shall not do or permit anything will take all precautions which, at a minimum, conform to be done in or about industry standards, to protect the Premises, the Building, the Common Areas or Building and the Property which does or could (i) jeopardize of Landlord and the structural integrity of residential tenants as well as the Building or (ii) cause Tenant's Installations from potential damage to any part of the Premisescaused by lightning. Formatted: Indent: Left: 0.08", the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.First line: 0"

Appears in 1 contract

Sources: Lease Agreement

Use. Tenant agrees that it shall be entitled to occupy and use the Premises solely only as general business offices and for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverpurposes. Tenant shall continuously comply with all federal, state and without interruption municipal laws, ordinances and regulations and all covenants, conditions and restrictions of record applicable to Tenant’s use or occupancy of the Premises for such purpose for Premises. Without limiting the entire Lease Term. Any discontinuance of such foregoing: (a) Tenant shall not obstruct, or use for a period storage, or for any purpose other than ingress and egress, the sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators or stairways of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Building; or (b) Tenant shall have the right not make or permit to be made any use the Common Areas in conjunction with its Permitted Use of the Premises solely for that, directly or indirectly, is forbidden by public law, ordinance or governmental regulation or that may be dangerous to persons or property, or that may invalidate or increase the purposes for which they were designed and intended aid for no other purposes whatsoever. premium cost of any policy of insurance carried on the Building or covering its operations; Tenant shall not do do, or permit to be done, any act or thing upon the Premises that will be in conflict with fire insurance policies covering the Building. Tenant, at its sole expense, shall comply with all rules, regulations or requirements of the local Inspection and Planning Bureau or any other similar body, and shall not do, or permit anything to be done in or about upon the Premises, or bring or keep anything thereon, in violation of rules, regulations or requirements of the Fire Department, local inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the rate of fire insurance that is applicable to the Building; (c) Tenant shall not make or permit any noise or odor that is a nuisance to other occupants; (d) Tenant shall not install any locks or similar devices in the Premises without Landlord’s consent (not to be unreasonably withheld or delayed). Landlord and Tenant acknowledge that there is a key card security system in place at the Premises on the date of this Lease. Landlord hereby consents to installation of separate locks or similar devices on room(s) identified by Tenant as “Computer Rooms”. No keys or keycards for any door other than those keys and keycards provided by Landlord or for any locks consented to by Landlord shall be made. Upon termination of this Lease or of Tenant’s possession, Tenant shall surrender all keys, if any, and keycards to the Common Areas or Premises and shall make known to Landlord the Property which does or could combination of all locks on safes, cabinets and vaults that are not removed by Tenant; (ie) jeopardize Tenant shall be responsible for the structural integrity locking of the Building or (ii) cause damage doors in and to any part of the Premises, except that agents of Landlord, including cleaning personnel, shall be [***] Certain information in this document has been omitted and filed separately with the Building, Securities and Exchange Commission. Confidential treatment has been requested with respect to the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyomitted portions.

Appears in 1 contract

Sources: Office Space Lease (Blackhawk Network Holdings, Inc)

Use. Tenant shall use and occupy the Premises only for the use set forth in Article 1.F. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be entitled to used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises solely for office/research in such a manner so as not to unreasonably interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and developmentexpense, salespromptly comply with all laws, marketing and other statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related uses to Tenant’s particular use of the Premises), and (ii) improvements installed or no other use whatsoeverconstructed in the Premises by or for the benefit of Tenant. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use not permit occupancy of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverthat exceeds any governmental regulations or requirements. Tenant shall not do or permit anything to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, provided Tenant shall not be required to make any alterations to the Premises in connection therewith unless such standards or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage requirements are imposed due to any part Tenant’s particular use of the Premises, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the Building, the Common Areas or the Propertyprovisions of this Article. Tenant shall agrees not operate to keep any equipment within trash, garbage, waste or other refuse on the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment except in sanitary containers and agrees to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment regularly and all such materials, supplies, inventory or equipment shall at all times be stored within frequently remove same from the Premises. Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall keep the sewage disposal system free of all obstructions and in good operating condition. If the volume of Tenant’s trash becomes excessive in Landlord’s judgment, Landlord shall have the right to charge Tenant for additional trash disposal services and/or to require that Tenant contract directly for additional trash disposal services at Tenant’s sole cost and expense. Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises not commit nor permit less frequently than once every thirty (30) days for the purpose of eliminating infestation by and controlling the presence of insects, rodents and vermin and shall promptly cause any corrective or extermination work recommended by such service to be committed any waste in or about the Premisesperformed. Such work shall be performed pursuant to a written contract, the Building, the Common Areas or the Propertya copy of which shall be delivered to Landlord by Tenant upon request.

Appears in 1 contract

Sources: Standard Office Lease (Tut Systems Inc)

Use. Section 3.1 Subject to the next sentence, the Demised Premises may be used and (i) introduce any new uses of the Demised Premises in addition to those for which the Demised Premises was being used in the sixty (60) day period prior to the Commencement Date (other than the Twenty First Floor Work); (ii) introduce any new occupants of the Twenty First Floor Unit (other than persons engaged in the Twenty First Floor Work) in addition to those who occupied the Demised Premises in the sixty (60) day period prior to the Commencement Date; or (iii) install any new equipment or fixtures in the Demised Premises (other than as part of the Twenty First Floor Work). In addition, Tenant shall be entitled to use and occupy the Demised Premises solely (x) to wind down those uses for office/research and development, sales, marketing and other related uses which the Demised Premises was used during the sixty (60) day period prior to the Commencement Date and (or no other use whatsoever. Tenant shall continuously and without interruption use y) to complete the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverTwenty First Floor Work. Tenant shall not do use, or permit the use of, the Demised Premises or any part thereof for any purpose, except as otherwise expressly provided in this Lease. Section 3.2 Tenant shall not suffer or 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 done brought into or kept therein, which would in or about the Premises, the Building, the Common Areas or the Property which does or could any way (i) jeopardize the structural integrity violate any of the Building or (ii) cause damage to any part provisions of the Premises, Declaration or of any of the Building, the Common Areas or the Property. provisions (of which Tenant shall have received actual notice and which shall not operate materially adversely affect Tenant’s interest under this Lease) of any equipment within the Premises lease or mortgage to which does or could (i) injure, vibrate or shake the Premises or the Buildingthis Lease is then subordinate, (ii) damageviolate any Legal Requirements (subject to the right to contest such requirements as provided in Article 9), overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage subject to the provisions of the Declaration, make void or voidable, or make it impossible or extraordinarily difficult to obtain New York standard form fire, with extended coverage, liability, elevator, boiler or other insurance customarily carried by prudent operators or tenants of comparable office buildings in midtown Manhattan or required to be carried by the Declaration, (iv) cause structural injury to the Building or any part thereof, (v) constitute a public or private nuisance or (vi) impair the efficient operation of the sprinkler system (if any) within appearance, character or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof reputation of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Contract of Sale

Use. Tenant shall be entitled to 4.1 Lessee may use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Leased Premises for such purpose for the entire Lease TermSpecified Use. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant Lessee shall not do injure, overload, deface or otherwise harm Site, Building or Leased Premises nor permit the same; nor commit any nuisance; nor permit the emitting of any objectionable noise or odor; nor burn any trash or refuse thereon or therein; nor sell, display, distribute or give away any alcoholic liquors or beverages; nor make or permit anything any use of Leased Premises which is improper, offensive or contrary to be done any law or ordinance, or which will invalidate or increase the cost of any of Lessor's insurance (including the keeping or storage of any article of dangerous, inflammable or explosive character) or which would increase the danger of fire in Leased Premises or about the Premises, in the Building, nor obstruct or permit the Common Areas obstruction of driveways, walks, parking areas and other common areas of Site. 4.2 Lessee shall not exhibit, inscribe, paint or the Property which does affix any sign, advertisement, notice or could other lettering (ihereinafter referred to as "signs") jeopardize the structural integrity of the Building or (ii) cause damage to on any part of the PremisesSite, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation exterior of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or in the windows, without the express prior written consent of Lessor, which consent will not be unreasonably withheld. Lessor shall have, at any time and from time to time, the right to establish rules and regulations setting forth uniform characteristics for all signs on the Building and Site, and Lessor's refusal to consent to any sign not meeting such characteristics shall not be deemed to be unreasonable. In the event of the violation of the foregoing, Lessor may remove same without any liability, and may charge the expense incurred by such removal to Lessee. Lessee may, however, place a sign on the front door of Leased Premises which sign shall be installed by Lessor at the expense of Lessee, and shall be (i) for identification purposes only; (ii) uniform with all other such signs on Building; and (iii) damage of a size, color and style acceptable to Lessor. 4.3 Lessee shall not make changes and alterations in or impair of Leased Premises, without Lessor's prior written consent first had, which consent shall not be unreasonably withheld. Any change or alteration shall be made in strict accordance with all building and zoning laws and with the efficient operation rules and regulations of any governmental authority and of the sprinkler system (if any) within National Board of Fire Underwriters or servicing the Premises any other body exercising similar functions. The cost of any such change or the Building. Tenant alteration shall nor install any equipment be paid in cash, or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floorits equivalent, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the so that Leased Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment Building and all such materials, supplies, inventory or equipment Site shall at all times be stored within the free of liens for labor and materials supplied or claimed to have been supplied to Leased Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (U S Opportunity Search Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall be entitled 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 solely for office/research in a careful, safe and developmentproper manner and will not commit waste, sales, marketing and other related uses and (overload the floor or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part structure of the Premises, subject the BuildingPremises 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 Common Areas Premises, or using or allowing the PropertyPremises to be used for any unlawful purpose. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install cause any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment machinery to or make any penetrations or cuts be installed in the floorPremises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, ceiling, walls or roof of other space in the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentsProject. Tenant shall not place any explosive, flammable machinery or harmful fluids equipment weighing 500 pounds or other waste materials more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the drainage systems 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 Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Delivery Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, but subject to Landlord's obligations as of the Delivery Date of the Lease, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with any failure of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain Project to the extent related to Tenant's use or discharge any fluids in the landscaped areas or across the paved areas occupancy of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, to comply with any Legal Requirement from and after the BuildingDelivery 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 Common Areas Premises, or the PropertyProject to the extent related to Tenant's use or occupancy of the Premises, to comply with any Legal Requirement from and after the Delivery Date.

Appears in 1 contract

Sources: Lease Agreement (Equinix Inc)

Use. Tenant shall be entitled to use the Premises solely only for office/research the Permitted Use and developmentshall comply with all Laws relating to the use, salescondition, marketing access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 200 rentable square feet in the Premises; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other related uses and (or no other use whatsoeverevents of a temporary nature. Tenant shall continuously and without interruption may use the Premises for such purpose for after the entire Lease Term. Any discontinuance Normal Building Hours; however, (a) no more than 10% of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas Tenant’s desks and workstations in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed may be in use after Normal Building Hours other than on an occasional basis, and intended aid for no other purposes whatsoever. Tenant (b) such hours of operation shall not do or permit anything to be done in or about affect (1) the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Normal Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the BuildingHours, or (iii2) damage or impair the efficient operation Tenant’s obligation with respect to all costs and expenses as a result of the sprinkler system (if any) within or servicing Tenant operating in the Premises or beyond the Normal Building Hours, including accelerated wear and tear on the Building’s Systems. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant The Premises shall not affix be used for any equipment to use which is disreputable, creates extraordinary fire hazards, or make results in an increased rate of insurance on the Project or its contents, or for the storage of any penetrations or cuts Hazardous Materials (other than in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertycompliance with all Laws and this Lease). Tenant shall not use any portion of the Common Areas Premises for a “call center,” any other telemarketing use, or any credit processing use other than as an ancillary component to Tenant’s Permitted Use in the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within Premises consistent with Class A buildings in the Premisessubmarket in which the Building is located. Tenant may use any existing wiring or cabling in the Premises in its current “AS-IS” condition; however, any additional wiring or cabling installed by Tenant or modifications made to the existing wiring or cabling shall not commit nor permit be at Tenant’s sole cost and expense. During the Term, Tenant shall leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and comparable to be committed any waste in its current condition. If, because of a Tenant Party’s acts or about omissions or because Tenant vacates the Premises, the Buildingrate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the Common Areas amount of such increase with 15 days of written demand with supporting evidence, and acceptance of such payment shall not waive any of Landlord’s other rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with Landlord in its management of the PropertyProject.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Use. Tenant shall occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in 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. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be entitled liable for such increase and such increase shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to use be kept on the Premises solely or brought into the Building any dangerous, noxious, radioactive or explosive substance, except as necessary for office/research the Permitted Use and development, sales, marketing and other related uses and (or in accordance with applicable Laws. In no other case shall Tenant use whatsoever. Tenant shall continuously and without interruption use any portion of the Premises for such purpose for any marijuana or marijuana related business (including, but not limited to, the entire Lease Term. Any discontinuance cultivation, manufacture, processing, storage or sale of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leasecannabis or cannabis-related products). Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of access the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever24 hours per day, 365 days per year. Tenant shall not do or permit anything agrees to be done in or about the Premisescomply with and reasonably cooperate with Landlord’s efforts to comply with energy efficiency, the Buildinggreen building and/or carbon reduction laws, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premisesincluding without limitation occupant, the Buildingwater, the Common Areas or the Property. Tenant shall not operate any equipment energy and transportation surveys within the Premises which does city, county, state or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyjurisdiction.

Appears in 1 contract

Sources: Industrial Lease Agreement (Solid Power, Inc.)

Use. Tenant shall be entitled to use the Lease Premises solely for office/research office use and development, sales, marketing and other related uses and (or for no other use whatsoeverpurpose without the prior written consent of Landlord. Tenant’s business shall be established and conducted throughout the term hereof in a first class manner. Tenant shall continuously and without interruption not use the Lease Premises for such purpose for for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverPremises. Tenant shall not do or permit suffer anything to be done in or about upon the Premises, Lease Premises which will cause structural injury to the Building, the Common Areas premises or the Property building of which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertysame form a part. Tenant The Lease Premises shall not operate any equipment within be overloaded and no machinery, apparatus or other appliance shall be used or operated upon the Lease Premises which does or could (i) will in any manner injure, vibrate or shake the Lease Premises or the Building, (ii) damage, overload or impair building of which it is a part. No use shall be made of the efficient operation of Lease Premises which will in any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or way impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or building containing the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the BuildingLease Premises. Tenant shall not affix leave the Lease Premises unoccupied or vacant during the term. No musical instrument of any equipment to sort, or make any penetrations noise making device will be operated or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads allowed upon the floors, walls, ceiling Lease Premises for the purpose of attracting trade or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertyotherwise. Tenant shall not use any or permit the use of the Common Areas Lease Premises or any part thereof for any purpose which will increase the storage existing rate of its materialsinsurance upon the building in which the Lease Premises are located, supplies, inventory or equipment and all such materials, supplies, inventory cause a cancellation of any insurance policy covering the building or equipment shall at all times be stored within any part thereof. If any act on the Premises. part of Tenant or use of the Lease Premises by Tenant shall not commit nor permit cause directly or indirectly, any increase of Landlord’s insurance expense, said additional expense shall be paid by Tenant to be committed Landlord upon demand. No such payment by Tenant shall limit Landlord in the exercise of any waste in other rights or about the Premisesremedies, the Building, the Common Areas or the Propertyconstitute a waiver of Landlord’s right to require Tenant to discontinue such act or use.

Appears in 1 contract

Sources: Lease Agreement (Wilshire Bancorp Inc)

Use. Tenant shall The Premises will be entitled to use used only for the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverPermitted Use. Tenant shall continuously and without interruption use Tenant’s Agents will not: (i) do or permit to be done in or about the Premises for such purpose for Premises, nor bring to, keep or permit to be brought or kept in the entire Premises, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation which is now in force or which may be enacted or promulgated after the Date of Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under or with the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not Declaration; (ii) do or permit anything to be done in or about the Premises, Premises which will in any way obstruct or interfere with the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity rights of other tenants of the Building or Project; (iiiii) cause damage do or permit anything to any part of the Premises, the Building, the Common Areas be done in or the Property. Tenant shall not operate any equipment within about the Premises which does is dangerous to persons or could property; or (iiv) injurecause, vibrate maintain or shake permit any nuisance in, on or about the Premises or the Building, (ii) damage, overload commit or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit allow to be committed any waste in in, on or about the Premises. At its sole cost and expense, Tenant will promptly comply with (a) all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or in force after the BuildingCommencement Date of this Lease regarding the operation of Tenant’s business and the use, condition, configuration and occupancy of the Common Areas Premises (except to the extent of Landlord’s obligations under Section 9.3 and Exhibit B-1 with respect to the Tenant Work); (b) the certificate of occupancy issued for the Building and the Premises; and (c) any recorded covenants, conditions and restrictions, if any, which affect the use, condition, configuration and occupancy of the Premises, including the Declaration. Notwithstanding the foregoing, however, Tenant’s obligations under this Section 9.1 shall not include the performance of any structural work with respect to the Premises or other portions of the PropertyProject, except to the extent such work is required in connection with (a) Tenant’s Alterations (as defined in Section 12.3), (b) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for the Permitted Use in a normal and customary manner) or (c) a change in the Permitted Use stated in Section 1.8, regardless of whether Landlord approves such change. The term “Permitted Use” specifically excludes any use as a call center or similar high-density use that exceeds any density limitation set forth in the Rules and Regulations; as an employment agency for day labor; by a governmental agency; or that is inconsistent with the Building being a Class A professional office building consistent with other Class A office buildings in the San ▇▇▇▇ and Santa ▇▇▇▇▇ market area.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Use. Tenant The Premises shall be entitled to use used and occupied for the Premises solely Permitted Use and for office/research and development, sales, marketing and other related uses and (or no other use whatsoeveror purpose without Landlord’s prior written consent. Tenant shall continuously and without interruption use Subject to the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the other terms of this Lease, beginning on the date Landlord delivers the Premises to Tenant with the Tenant Improvements Substantially Completed, Tenant and its employees, licensees, and guests, shall have access to the Premises at all times, 24 hours per day, every day of the year. Tenant shall have the right comply with all present and future Laws relating to Tenant’s specific or unique manner of use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely or because of any Alterations made by Tenant to the Premises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the Building Rules (as defined in Section 27 - Rules and Regulations); provided, however, Tenant shall not be responsible for any outstanding code compliance violations that are the purposes for which they were designed responsibility of Landlord that may be triggered by Tenant’s specific use or occupancy of the Premises or Alterations made by Tenant to the Premises. Tenant may install its standard tenant identification logo and intended aid for no other purposes whatsoeverletter signage on the exterior of the Premises facing Highway 169, subject to the Building Rules, reasonable consent of Landlord, City approval and subject to and in compliance with applicable laws, codes and ordinances. Tenant shall not do do, bring, keep or permit sell anything to be done in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or unreasonably disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Common Areas Premises or upon the Property which does or could Property. Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) cause damage connect to any part the utility systems of the PremisesBuilding any apparatus, machinery or other equipment other than that, for which the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, utility systems have been designed; or (iii) damage connect to any electrical circuit in the Premises any equipment or impair other load with aggregate electrical power requirements in excess of 80% of the efficient rated capacity of the circuit. Landlord shall be responsible for complying with all Laws affecting the design, construction and operation of the sprinkler system Building (if any) within or servicing including the Premises to the extent Tenant is not required to comply therewith as provided for above or as otherwise provided in this Lease) or relating to the Buildingperformance by Landlord of any duties or obligations to be performed by it hereunder, provided, however, Landlord’s costs of compliance will be included in Operating Costs. Tenant shall nor install have no obligation to comply with or pay for the compliance with any equipment Laws requiring alterations, modifications, or antennas on repairs to any conduits, pipes, or make duct work which is located within the Premises (such as within the plenum area) but which exclusively serves any penetrations of the exterior walls or roof of the Building. Tenant building wide systems (provided, however, this shall not affix any equipment relieve Tenant of its obligation to pay for costs related to same to the extent permitted to be included in Operating Costs) or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of premises within the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of than the Premises, it being the Buildingintent of the parties that the cost of such modifications, the Common Areas alterations, and repairs shall be Landlord’s responsibility or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas responsibility of the Propertytenant served exclusively by such systems. Tenant shall not use any Landlord represents to the best of its actual knowledge and belief that the Building will be in compliance with all Laws as of the Common Areas for date Landlord initially delivers the storage Premises to Tenant. Landlord warrants that the Premises will be in compliance with all Laws as of its materials, supplies, inventory or equipment and the Lease Date. Landlord warrants that the Tenant Improvements constructed upon the Premises by Landlord will be in compliance with all such materials, supplies, inventory or equipment shall at all times be stored within Laws as of the Premises. Tenant shall not commit nor permit date Landlord initially delivers the Premises to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyTenant.

Appears in 1 contract

Sources: Lease Agreement (Mocon Inc)

Use. Tenant The Premises shall be entitled to use the Premises solely for office/research used and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default occupied by Tenant under for general office purposes and any other legally permitted usage consistent with the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use character of the Premises solely for the purposes for which they were designed Building and intended aid for no other purposes whatsoeverpurpose without the prior written consent of Landlord. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building, or the Project, or with respect to the suitability thereof for the conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises, Premises nor bring or keep anything therein which will in any way increase the Building, existing rate (without paying the Common Areas increase in such rate) of or affect or cause a cancellation of any fire or other insurance covering the Building or the Property Premises or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about the Premises any article which does or could (i) jeopardize may be prohibited by a standard form policy of insurance. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the structural integrity provisions of this Article. Tenant agrees that it will use the Premises in such manner as not to interfere with the rights of other tenants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the PropertyProject. Tenant shall not operate any equipment within neither use or allow the Premises which does to be used for any unlawful or could (i) injureobjectionable purpose, vibrate nor cause, maintain or shake permit any nuisance or waste in, on or about the Premises or the BuildingProject. Tenant will not place a load upon any floor exceeding the floor load which such floor was designed to carry, (ii) damage, overload or impair and Landlord reserves the efficient operation right to prescribe the location of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids safe or other waste materials heavy equipment in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit use or allow anything to be committed any waste done in or about the Premises or the Project which will in any way conflict with any law, ordinance or governmental regulation or requirement of any board of fire underwriters or any duly constituted public authority now in force or hereafter enacted or promulgated affecting the use or occupancy of the Premises, the Buildingand shall promptly comply with all such laws or requirements at its sole cost and expense. The judgment of any court of competent jurisdiction that Tenant has violated any such law, the Common Areas statute, ordinance, rule, regulation or the Propertyrequirement shall be conclusive of such fact as between Landlord and Tenant.

Appears in 1 contract

Sources: Sublease Agreement (Vision Solutions Inc)

Use. Tenant shall be entitled to use and occupy the Premises solely only for office/research general office purposes and developmentsoftware consulting or contracting business, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverpurposes. Tenant shall not do or permit anything to be done in or about the PremisesPremises nor bring or keep anything therein that will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any insurance policy covering the Building, the Common Areas Project or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part thereof or any of the Premises, the Building, the Common Areas or the Propertyits contents. Tenant shall not operate any equipment within do or permit anything to be done in or about the Premises which does that will in any way obstruct or could (i) injure, vibrate interfere with the rights of other tenants or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation occupants of the sprinkler system (if any) within Project or servicing injure or annoy them or tend to lower the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations first class character of the exterior walls Bridgepoint Buildings or roof of the Buildingcreate unreasonable elevator loads or otherwise interfere with standard Bridgepoint Buildings operations. Tenant shall not affix permit any equipment to nuisance in, on or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within about the Premises. Tenant shall not commit nor permit or suffer to be committed any waste in or upon the Premises. Tenant shall not use the Premises or permit anything to be done in or about the PremisesPremises that will in any way conflict with any private restrictive covenant, law, statute, ordinance or any rule or regulation of Landlord or any governmental or quasi-governmental authority now in force or that may hereafter be enacted or promulgated. Landlord agrees that as long as this Lease is in existence, or any renewals thereof, Landlord will not enter into any new leases (other than renewal leases with existing tenants) with new tenants for Three Bridgepoint that engage in the Buildingcomputer software consulting or software contracting business without the prior written approval of Tenant, which approval shall not be unreasonably withheld or delayed. Notwithstanding the Common Areas or the Propertyforegoing, Landlord has currently entered into leases with National Instruments, Advance Micro Devices Sales Office as tenants of One Bridgepoint, and Motorola, Inc. as a tenant in Three Bridgepoint and Four Bridgepoint, all of whom are involved in computer related businesses.

Appears in 1 contract

Sources: Lease Agreement (PSW Technologies Inc)

Use. Tenant shall be entitled to occupy and use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose only for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in conduct regular second or about third shift operations within the Premises; however, Tenant may use the Premises after normal business hours, so long as Tenant is not routinely conducting business from the Premises after normal business hours. Normal business hours as used herein shall mean the hours between 6:00 am and 6:00 pm, Monday through Friday, and between 8:00 am and 1:00 pm Saturday, holidays excepted; provided however, that Landlord acknowledges and agrees that the nature of Tenant’s business operations requires, and Tenant will at all times (24 hours a day, 365 days a year) maintain, not less than two (2) staff personnel on the Premises for monitoring of the Server Room and responding to client service calls (herein the “After Hours Staff”). Landlord further acknowledges that, from time to time, a limited number of employees of Tenant may work after-hours from the Premises to complete work-related projects on a temporary, as-needed basis. Other than the After Hours Staff, all persons entering or leaving the Complex between the hours of 6:00 pm and 6:00 am, Monday through Friday, or after 1:00 pm Saturday, or at any time on Sundays or holidays, may be required to do so under such reasonable regulations as Landlord may impose. Landlord my exclude or expel any peddler or solicitor. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Complex or its contents, or for the storage of any Hazardous Materials. If, because of a Tenant Party’s acts, the Buildingrate of insurance on the Complex or its contents increases, then such acts shall be an Event of Default, Tenant shall pay to Landlord the Common Areas amount of such increase within ten (10) days after Landlord’s demand, and acceptance of such payment shall not waive any of Landlord’s other rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the PropertyComplex. Landlord acknowledges and agrees that (i) Tenant shall be permitted to supply food and beverages for Tenant’s employees and invitees through vending machines on and in the Premises and/or from off-site catering services; (ii) such food/beverage supply and service does not violate any current lease exclusive or restrictive agreements; and (iii) Landlord shall not enter into any exclusive or restrictive agreement that could prohibit or otherwise impair Tenant’s supply of food/beverages for Tenant’s employees and invitees on the Premises through off-site catering or on-site vending machines.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Use. Tenant shall be entitled to shall: (a) use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely only for the purposes specified in Section 2.9 and not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. (b) not commit or permit any waste, injury or damage to the Property including, without limitation, the Tenant Improvements (as defined in Exhibit E and any trade fixture therein, normal wear and tear excepted, any loading of the floors thereof in excess of the maximum degree of loading as determined by Landlord, any nuisance therein or any use or manner of use causing annoyance to other tenants and occupants of the Property or to Landlord; (c) not invalidate or cause an increase in the cost of any fire, extended coverage or any other insurance covering the Building or insurance of another tenant of the Building against perils as to which they were designed Landlord or such other tenant has insured or which shall cause any policy of insurance on the Project to be subject to cancellation; and intended aid for no (d) observe and perform, and cause its employees, invitees and others over whom Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Exhibit "D" hereto, and such further and other purposes whatsoeverreasonable rules and regulations and amendments and additions thereto as Landlord may hereafter make and notify Tenant in writing, except that Landlord may not enforce against Tenant any such change or addition that is inconsistent with this Lease unless required by governmental regulation or unless Tenant consents thereto. Tenant The imposition of such Rules and Regulations shall not do create or permit anything imply any obligation of Landlord to enforce them against any *tfier tenant and Landlord shall not be done liable to Tenant for violation of any Rules and Regulations or the breach of any provision in any lease by any other tenant or about the Premises, other party in the Building, the Common Areas redecorating vacant space for tenants or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof other occupants of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts ; Marketing crests including leasing commissions, attorney's fees in the floor, ceiling, walls or roof connection with negotiation and preparation of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment leases and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.related agreement,;

Appears in 1 contract

Sources: Lease Agreement (Svi Solutions Inc)

Use. Tenant shall be entitled to will use the Premises solely for office/general officing, warehousing, distribution, research and development, salesand manufacturing all in accordance with laws, marketing ordinances, rules and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right any regulations which are applicable to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damageincluding, overload but not limited to laws related to land use, and for no other purposes. Tenant will not cause or impair permit any waste or damage to the efficient operation of any electricalPremises, plumbing, heating, ventilating the Building or air conditioning system within the land upon which the Building is located and will not occupy or servicing use the Premises for any business or purpose which is unlawful, hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the Building, or (iii) damage or impair the efficient operation business operations of the sprinkler system (if any) within or servicing the Premises or other tenants in the Building. If the nature of Tenant's use or occupancy of the Premises causes any increase in Landlord's insurance premiums over and above those chargeable for the least hazardous type of occupancy legally permitted in the Premises, then Tenant will pay the resulting increase within ten (10)days after its receipt of a statement from Landlord setting forth the amount thereof. If at any time, and from time to time during the Lease Term, Tenant desires to cease operating its business in the Premises, then the Tenant shall nor install notify the Landlord, in writing, at least ninety (90) days prior to the effective date of any equipment or antennas cessation of operations. Landlord shall have the right, at its sole option, to terminate the Lease upon written notice to Tenant at any time after Tenant ceases to operate in the Premises. In the event that Landlord exercises its option to terminate this Lease as provided above, then this Lease shall terminate on or make any penetrations the date stated in Landlord's notice to terminate, which date shall be not greater than the thirtieth (30th) day following the date on which Landlord sends such notice to Tenant. Upon such date, Tenant shall surrender possession of the exterior walls Demised Premises to Landlord and neither party shall thereafter have any further obligation to the other by virtue of this Lease, subject, however, to the payment by Tenant to Landlord of all sums then due and owing or roof having accrued to Landlord hereunder and the survival of the Buildingany indemnifications under this Lease. Tenant shall not affix be deemed to have ceased operating its business and any equipment immediately prior period of cessation shall be deemed tolled if and to the extent that the Demised Premises is closed due to damage by fire or make other casualty, a taking by eminent domain has made it impracticable to continue doing business therein or a force majeure event (not caused by Tenant). If at any penetrations or cuts time during the Term Tenant ceases to operate its business in the floorPremises it shall continue to maintain the Premises as required herein, ceilingincluding, walls or roof of but not limited to, continuing to heat the Premises' Premises at times when it would be continuously reasonable to do so. If at any time Tenant does not maintain the Premises as required herein, Landlord shall not place any loads upon be permitted to maintain the floorsPremises after five (5) days written notice to Tenant and Tenant's failure to cure within such five (5) day period. Notwithstanding the foregoing, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant in no event shall not place any explosive, flammable or harmful fluids or other waste materials Landlord be required to give notice in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyan emergency situation.

Appears in 1 contract

Sources: Industrial Space Lease (Micropoint Inc)

Use. (a) Tenant shall be entitled to may use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose Equipment Yard Area for the entire Lease Term. Any discontinuance installation, operations and maintenance of such use telecommunications equipment, for transmissions facilities and for a period of sixty consecutive calendar days shall bedata center, at Landlord's electionincluding without limitation, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely customer collocation and related equipment and for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertyoffice uses. Tenant shall not use the Premises or Equipment Yard Area to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous, except for Permitted Materials. Tenant shall be solely responsible for complying with all Laws applicable to its particular use and occupancy of the Common Areas for the storage of its materials, supplies, inventory or equipment Premises and all such materials, supplies, inventory or equipment shall at all times be stored within the PremisesEquipment Yard Area. Tenant shall not commit permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises or Equipment Yard Area; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises or Equipment Yard Area to be committed used for any waste purpose or in any manner which will cause any of the rates for any insurance carried by Landlord or any other occupant of the Building or surrounding buildings to be increased or in such a manner as will affect, or cause a cancellation of, any such insurance policy; provided, however, if Tenant's use of the Premises or Equipment Yard Area results in an increase only in the amount of insurance premiums (and not the cancellation thereof), Tenant may continue such use provided Tenant pays to Landlord within ten (10) business days the cost of such increases. In all events, Tenant shall not engage in any activity which is not in keeping with the first class standards of the Building or surrounding buildings. Tenant shall comply with and shall cause its employees, agents and contractors to comply with all Laws. Additionally, Tenant specifically represents, warrants, covenants and agrees that (1) at no time during the term hereof shall any fuel, emissions or other substances used in connection with or emitted by the Equipment Yard Area leak, penetrate or contaminate the ground, water or air on or about the PremisesLand other than the emissions into the air which (A) result from the operation of a generator which is in good working order (without defect or disrepair) and (B) are in compliance with Laws, and (2) in no event shall the installation, maintenance or operation of the backup generators materially interfere with any of the systems of the Building, Park or with any other tenants use of its leased premises. . Notwithstanding anything contained in this Section 12 to the Common Areas contrary, Landlord understands that Tenant will be maintaining and using significant equipment in the Equipment Yard Area, including emergency and back-up generators and chillers and that, when in use, such equipment will generate noise and vibrations, and that, as long as the same is reasonable given the nature of such equipment, Tenant shall have the tight to use the same as necessary. Tenant specifically warrants, represents, covenants and agrees that the backup generator system shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage, interruption, or material diminishment in the Propertyquality or quantity of electrical service to the Premises and any ancillary uses related thereto; provided, however, that Tenant may perform required testing, refueling and weekly maintenance (each of which shall be scheduled in accordance with a schedule agreed to by Landlord and Tenant (each acting in good faith) to minimize any interference with the operation of the Building and surrounding buildings, or with any other tenant's use of its lease premises, and in no event happen from 700 a.m. to 7:00 p.m. Monday through Friday or 7:00 a.m. to 1:00 p.m. on Saturdays. (b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Premises 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 third parties.

Appears in 1 contract

Sources: Commercial Lease Agreement (Digital Island Inc)

Use. Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption continually use the Premises for such purpose general office purposes and shall not use or permit the Premises to be used for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leaseany other purpose. Tenant shall have not use or occupy the right to use the Common Areas Premises in conjunction with its Permitted Use violation of the Premises solely certificate of occupancy issued for the purposes Building, nor in violation of the laws, ordinances, directions, orders, regulations or requirements which are now or hereafter in effect from time to time of the United States of America, the State of Arizona or the local municipal or county governing body or other lawful authorities having jurisdiction thereover, and Tenant shall promptly comply with any and all such laws, ordinances, directions, orders, regulations and requirements which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of any board of fire underwriters or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for which they were designed and intended aid any additional premium charged for no other purposes whatsoeversuch policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does will in any way obstruct or could (i) injure, vibrate interfere with the rights of other tenants or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation occupants of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage injure or impair the efficient operation of the sprinkler system (if any) within annoy them, or servicing use or allow the Premises to be used for any improper, immoral, unlawful or the Building. objectionable purpose, nor shall Tenant shall nor install cause, maintain or permit any equipment or antennas nuisance in, on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within about the Premises. Tenant shall not commit nor permit or suffer to be committed any waste in or about upon the Premises, . Certain specific uses are prohibited as set forth in the Building, Rules and Regulations as amended from time to time. A copy of the Common Areas or the Propertycurrent Rules and Regulations is attached hereto as Exhibit I and incorporated herein.

Appears in 1 contract

Sources: Office Building Lease (Aegis Assessments Inc)

Use. Tenant shall be entitled to procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall use the Premises solely for office/research the Permitted Use specified in the Summary, and development, sales, marketing and other related uses and (shall not use or no permit the Premises to be used for any other use whatsoeveror purpose whatsoever without Landlord’s prior written approval. Tenant shall continuously observe and without interruption use comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or hereafter in force relating to or affecting the condition, use, occupancy, alteration or improvement of the Premises; provided, however, that Tenant shall not (and Landlord shall) be required to make any structural or capital modifications, alterations or repairs to the Premises necessary to comply with applicable Laws in effect as of the Commencement Date of this Lease, unless such modifications, alterations or repairs are necessitated by Tenant’s specific use of the Premises or on account of any physical requirements of the Tenant Improvements or of Tenant’s subsequent alterations to the Premises (as opposed to being required or triggered because of the cost, extent, value or scope of such work). To the extent any structural or capital modifications, alterations or repairs to the Premises become necessary to comply with applicable Laws which are enacted after the Commencement Date of this Lease (“Post Commencement Structural Items”) and such Post Commencement Structural Items are not necessitated by Tenant’s specific use of the Premises or on account of any physical requirements of the Tenant Improvements or of Tenant’s subsequent alterations to the Premises, Landlord shall be responsible for all such Post Commencement Structural Items, but the actual and documented costs thereof shall be amortized on a straight-line basis over the reasonable useful life of any such Post Commencement Structural Items together with interest at the Interest Rate (as defined in Section 1.13 of the Lease Summary) and Tenant shall pay to Landlord monthly, within thirty (30) days of written invoice, such monthly amortization amount so determined for such purpose for Post Commencement Structural Items as Additional Rent during the entire Lease Term. Any discontinuance remainder of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms Term of this Lease. Tenant shall have the right to not use the Common Areas in conjunction with its Permitted Use of or allow the Premises solely to be used for the purposes for which they were designed and intended aid for no other purposes whatsoeverany improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do cause, maintain or permit anything to be done in any nuisance in, on or about the Premises, the Building, the Common Areas nor commit or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit suffer to be committed any waste in in, on or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Commercial Lease (Orchard Supply Hardware Stores Corp)

Use. Tenant shall use and occupy the Premises only for the use set forth in Article l.G. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be entitled to used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises solely for office/research in such a manner so as not to materially and development, sales, marketing and unreasonably interfere with or infringe upon the rights of other related uses and (tenants or no other use whatsoeveroccupants in the Project. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall beshall, at Landlord's electionits sole cost and expense, a default by Tenant under promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the terms of this Lease. Tenant shall have the right to condition, use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely or the Project (excluding structural changes to the Project not related to Tenant’s particular use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the purposes benefit of Tenant. Landlord shall be responsible for compliance with all laws, statutes, ordinances, governmental regulations or requirements now enforced or which they were designed and intended aid may hereafter be enforced with respect to the Project, except for no other purposes whatsoeverTenant’s obligations pursuant to the immediately preceding sentence. Tenant shall not do or permit anything to be done in anything (other than the conduct of general office uses) which would invalidate or about increase the Premisescost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s failure to comply with the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity provisions of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertythis Article 7. Tenant shall comply with Landlord’s reasonable sustainability practices and shall not operate permit any equipment within use of the Premises which does or could (i) injure, vibrate or shake may affect the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation continued certification of the sprinkler Project issued pursuant to the LEED rating system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyapplicable certification standard).

Appears in 1 contract

Sources: Standard Office Lease (loanDepot, Inc.)

Use. Tenant shall The Premises are to be entitled to used only for general office --- purposes, including but not limited to, use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use portion of the Premises solely for first floor of the purposes for which they were designed Building, to the extent permitted by law or covenant, as a network and/or telecommunications operations center or related use and intended aid for no other purposes whatsoever. Tenant business or purpose without the prior written consent of Landlord which consent shall not do be unreasonably withheld or permit anything to delayed. No act shall be done in or about the Premises, Premises that is unlawful or that will increase the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity existing rate of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or insurance on the Building. In the event of a breach of this covenant, Tenant shall, after written notice, (a) immediately cease the performance of any unlawful act and (b) with respect to acts that will or has increased the existing rate of insurance, Tenant shall nor install either cease such act that is increasing or has increased the existing rate of insurance (and pay for any equipment such increases theretofor charged to Landlord) or antennas on or make shall pay to Landlord any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all increases in insurance premiums resulting from such materials, supplies, inventory or equipment shall at all times be stored within the Premisesbreach. Tenant shall not commit nor permit or allow to be committed any waste in or about upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Common Areas noise or disturbance at its sole cost and expense. Tenant shall not, without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the PropertyBuilding and for the preservation of good order therein; provided, however, that such rules and regulations do not -------- ------- conflict with this Lease, materially increase Tenant's obligations or liability with respect to the Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and regulations for the Building are attached hereto as Exhibit F. --------- Without limiting the foregoing, Tenant agrees to be wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which need to be made to the Premises to comply with the provisions of the Americans With Disabilities Act of 1990, as amended (the "ADA"). Landlord will be responsible --- for compliance of the common areas of the Building as well as the Building shell (as described in Exhibit E) with the provisions of ADA.

Appears in 1 contract

Sources: Lease Agreement (Network Access Solutions Corp)

Use. Tenant shall be entitled agrees to use the Premises solely for office/research in a safe, careful and developmentproper manner, salesand to comply, marketing at Tenant's expense, with all Laws applicable to Tenant's use, occupancy or alteration of the Premises and other related uses and (with any Laws that require any alterations to the Premises or no other the portion of the Building immediately adjacent to the Premises due to Tenant's status under such Laws, including, without limitation, the ADA. If, due to the nature or manner of any use whatsoeveror occupancy of the Premises by Tenant, any improvements or alterations to the Premises or Building are required to comply with any Laws, or with requirements of Landlord's insurers, then Tenant will pay all costs of the required improvements, alterations or changes in services. Tenant shall continuously and without interruption use will not keep anything within the Premises for such any purpose for which increases the entire Lease Term. Any discontinuance insurance premium cost or invalidates any insurance policy carried on the Premises or other part of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this LeaseBuilding. Tenant shall have the right will pay, as Additional Rent and upon demand of Landlord, any such increased premium cost due to Tenant's use the Common Areas in conjunction with its Permitted Use or occupation of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverPremises. Tenant shall will not cause, maintain or permit any nuisance or waste in or about the Premises and will keep the Premises free of debris, and anything of a dangerous, noxious, toxic or offensive nature or which could create a fire hazard or undue vibration, heat, noise, fumes, vapors or odors. Tenant will not do or permit anything to be done which interferes with the transmission or reception of microwave, television, radio, telephone or other communication signals from antennae or other facilities in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install If any equipment item of equipment, building material or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of other property brought into the Building by Tenant or damage its floorson Tenant's request causes a dangerous, foundations noxious, toxic or supporting structural components. Tenant shall offensive effect (including an environmental effect) and in Landlord's reasonable opinion such effect will not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment be permanent but will only be temporary and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit is able to be committed any waste in or about the Premiseseliminated, the Buildingthen Tenant will not be required to remove such item, the Common Areas or the Propertyprovided that Tenant promptly and diligently causes such effect to be eliminated, pays for all costs of elimination and indemnifies Landlord against all liabilities arising from such effect.

Appears in 1 contract

Sources: Flex Lease Agreement (Essex Corporation)

Use. Tenant The Premises shall be entitled to used for general office and executive use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant The Premises shall not do or permit anything to be done used for any illegal purposes; nor in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation violation of any electrical, plumbing, heating, ventilating regulation of any governmental body; nor in any manner to create any nuisance or air conditioning system within trespass; nor in any manner in which would deface or servicing injure the Premises building; nor in any manner to vitiate the insurance or increase the Building, or (iii) damage or impair the efficient operation rate of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas insurance on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix violate, or permit the violation of, any equipment condition imposed by an insurance policy then issued in respect of the Land, the Building and/or the property therein and shall not do, or permit anything to be done, or make any penetrations keep or cuts permit anything to be kept in the floorPremises which would subject Landlord to any liability or responsibility for personal injury or death or property damage, ceiling, walls or roof which would increase any insurance rate in respect of the Premises' Tenant shall not place any loads upon the floorsLand, walls, ceiling or roof systems which could endanger the structural integrity of the Building or the property therein over the rate which would otherwise then be in effect or which would result in insurance companies of good standing refusing to insure the Land, the Building or the property therein in amounts reasonably satisfactory to Landlord. If, by reason of any failure of Tenant to comply with the provisions of this paragraph, the premiums on Landlord's or any other tenant's insurance on or in respect of the Land, the Building and/or property therein shall be higher than they otherwise would be, Landlord may upon written notice to Tenant either terminate this Lease or pay said premium increases on behalf of Tenant, in which event Tenant shall reimburse Landlord, on demand. Tenant shall, at its sole expense, maintain at all times during the term of this Lease public liability insurance in respect of the Premises and the conduct or operation of business therein, naming Landlord as an additional insured, with waiver of subrogation and with limits of not less than $2,000,000 combined single limit for bodily injury or death and property damage, to any number of persons in any one occurrence together with "All Risk" insurance for the full replacement cost of all of Tenant's personal property on the premises. Unless this Lease is terminated upon damage its floorsor destruction, foundations or supporting structural componentsthe proceeds of such insurance will be used to restore the foregoing. Tenant shall not place promptly deliver to Landlord and any explosive, flammable additional named insured such fully paid for policies or harmful fluids or other waste materials in the drainage systems certificates of such policies issued by duly authorized agents of the Premisescarriers in question, at least ten (10) days before the Building, the Common Areas or the PropertyCommencement Date. Tenant shall not drain or discharge any fluids in procure and pay for renewals of such insurance from time to time before the landscaped areas or across the paved areas of the Property. expiration thereof, and Tenant shall not use deliver to Landlord and any additional named insured such renewal policy at least thirty (30) days before the expiration of the Common Areas for the storage of its materials, supplies, inventory or equipment any existing policy All such policies shall be issued by companies satisfactory to Landlord and all such materialspolicies shall contain a provision whereby the same cannot be cancelled or modified unless Landlord and any additional named insured are given at least thirty (30) days' prior written notice of such cancellation or modification, suppliesincluding, inventory or equipment shall at all times be stored within without limitation, any cancellation resulting from the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertynon-payment of premiums.

Appears in 1 contract

Sources: Lease Agreement (Tactical Solution Partners, Inc.)

Use. Tenant shall be entitled to continuously occupy and use the Premises solely only for office/research the Permitted Use and developmentshall comply with all Laws relating to this Lease and/or the use, salescondition, marketing access to, and other related uses occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises, and (or no b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use whatsoever. Tenant shall continuously and without interruption use of the Premises for such purpose other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Building or its contents, or for the entire Lease Term. Any discontinuance storage of any Hazardous Materials (except as provided in Section 26 hereto), provided, however, that such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas matters arising in conjunction connection with its Tenant’s Permitted Use of the Premises solely for are expressly permitted regardless of whether such matters are considered disreputable, create extraordinary fire hazards, or result in an increased rate of insurance on the purposes for which they were designed and intended aid for no Building or its contents. Outside storage, including storage of trucks or other purposes whatsoever. Tenant shall vehicles, is prohibited without Landlord’s prior written consent (not do or permit anything to be done in unreasonably withheld, conditioned or about delayed). If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity rate of insurance on the Building or (ii) cause damage its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall conduct its business and control each other Tenant Party so as not to create any part nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building, provided, however, that nuisances and interference arising in connection with Tenant’s Permitted Use of the Premises are expressly permitted regardless of whether such nuisances and interference interfere in any way with other tenants or persons having business with them. Notwithstanding the foregoing, in the event of any nuisances or interference arising in connection with Tenant’s Permitted Use of the Premises, the BuildingTenant shall, the Common Areas upon Landlord’s reasonable request, use commercially reasonable efforts to mitigate such nuisances or the Property. interference, provided that Tenant shall not operate have no obligation to effect any equipment within mitigation efforts that would disrupt or otherwise disturb Tenant’s operation of its business on the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyPermitted Use.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Polarityte, Inc.)

Use. Tenant shall be entitled to use the Premises solely for office/research Lessee may occupy and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such commercial, industrial, office, laboratory, distribution, warehousing, manufacturing, "flex space" and purposes related thereto as long as the same are permitted by applicable land use laws of the community in which the Premises is located and for no other purpose for without the entire Lease Termprior written consent of Lessor, which shall not be unreasonably withheld or delayed. Any discontinuance of such Lessee shall not use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or occupy or permit any of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not to be used or occupied, nor do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to on any part of the Premises, the Building, the Common Areas in a manner which would or the Property. Tenant shall not operate might (i).violate any equipment within the Premises which does law or could (i) injure, vibrate or shake the Premises or the BuildingLegal Requirement, (ii) damage, overload make void or impair the efficient operation of voidable or cause any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Buildinginsurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) damage make void or impair voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury to any of the efficient Improvements or (v) constitute a public or private nuisance or waste. Lessee shall have the right to apply for changes in any land use or other governmental designation or approval affecting the Premises which affects or governs use or operation of the sprinkler system (if any) within Premises; provided, Lessee shall notify Lessor prior to making any such application, which notice shall not require a response from Lessor, and, subsequently, of any approvals granted which change the zoning of, the lot configuration of, or servicing any other matter which permanently affects the land use designation for the Premises prior to taking any other action which would cause such change to be permanently effective. Additionally, prior to taking action to make such a change permanently effective, Lessee shall have obtained the written approval of Lessor. Lessee must obtain the consent of Lessor with respect to any approval which is effective upon the action of a municipal agency or commission without further action by applicant. The foregoing shall not permit Lessee to change the Building. Tenant shall nor install any equipment or antennas on or make any penetrations use of the exterior walls or roof Premises from that allowed in Section 1.2(a) without the prior written consent of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyLessor.

Appears in 1 contract

Sources: Lease Agreement (Gerber Scientific Inc)

Use. Tenant shall use and occupy the Premises only for the use specified in Paragraph 1(a), and shall not use or occupy the Premises or permit the same to be used or occupied for any other purpose without the prior written consent of Landlord, and Tenant agrees that it will use the Premises in such a manner so as not to materially interfere with or materially infringe the rights of other Tenants in the Building. Should Tenant or tenant’s guests’ use of the Premises interfere with or infringe the rights of other tenants in the Building, Tenant shall immediately correct such nuisance upon written notice from Landlord. Should Tenant fail to correct such nuisance within the time allotted, Tenant shall be entitled considered in default and Landlord shall have the sole right to use terminate the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverLease as described in Paragraph 20 below. Tenant shall continuously acknowledges that it has made its own investigation and without interruption use determination of the suitability of the Premises for such purpose its business operations and the requirements that may be imposed by Applicable Laws in order to conduct its business at the Premises and in no event shall Landlord have any responsibility for the entire Lease Term. Any discontinuance of such taking any action to obtain any conditional use for a period of sixty consecutive calendar days shall bepermit, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right provide parking (except as expressly provided herein) or take other action to use the Common Areas in conjunction with its Permitted Use make Tenant’s occupancy of the Premises solely comply with applicable laws; provided however, (i) Landlord represents, warrants and covenants that, as of the date hereof and the substantial completion of the Landlord work, the Premises may be used for the purposes Permitted Use and shall comply with all applicable laws and (ii) Tenant shall not be responsible to make any alterations to the Premises which may be required by applicable law unless the need for which they were designed and intended aid for no other purposes whatsoeversuch alteration is caused by Tenant’s specific use of the Premises (as distinguished from general office use). Tenant shall not do or permit anything to be done in anything which will invalidate or about increase the Premisescost of any fire and extended coverage insurance policy covering the Building and/or property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters including without limitation thereto, the Buildinginstallation of fire extinguishers or an automatic dry chemical extinguishing system, however Landlord shall be responsible for the Common Areas costs associated with such requirements or recommendations to the Property which does or could (i) jeopardize extent relating to the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the PropertyPermitted Use. Tenant shall not operate promptly upon demand reimburse Landlord for any equipment within additional premium charges for such policy by reason of Tenant’s failure to comply with the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation provisions of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertythis Paragraph.

Appears in 1 contract

Sources: Office Lease (Content Checked Holdings, Inc.)

Use. Tenant The Premises shall be entitled to use used for the Premises solely Permitted Use and for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverpurpose. Tenant shall continuously and without interruption not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such purpose for a manner as not to interfere with or disturb other tenants or Landlord in the entire Lease Termmanagement of the Project. Any discontinuance Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of such use for a period the Project. Outside storage, including without limitation, storage of sixty consecutive calendar days shall betrucks and other vehicles, at is prohibited without Landlord's election, a default prior written consent. Landlord agrees to permit Tenant to store certain lab equipment such as cylinders or nitrogen tanks outside in areas adjacent to the Premises as reasonably designated by Tenant under the terms of this LeaseLandlord without any additional rent. Tenant Landlord shall have the right to use the Common Areas in conjunction with require Tenant to install, at its Permitted Use of sole cost and expense, protection or screening around such equipment as Landlord may reasonably deem necessary or advisable. Tenant will maintain the Premises solely for the purposes for which they were designed in a clean and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premiseshealthful condition, the Buildingand comply with all laws, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premisesordinances, the Buildingorders, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation rules and regulations of any electricalgovernmental entity with reference to the use, plumbingcondition, heating, ventilating configuration or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation occupancy of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit place a load on any floor exceeding the floor load per square foot which such floor was designed to carry. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except as set forth in Section 30 below and for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be committed any waste reasonable and shall be sent by Landlord to Tenant in or about writing. In the Premisesevent of a conflict between the rules and regulations and the terms of this Lease, the Building, terms of this Lease shall control. Landlord shall not enforce the Common Areas or the Propertyrules and regulations against Tenant in a discriminatory manner.

Appears in 1 contract

Sources: Industrial Building Lease (Chimerix Inc)

Use. Tenant shall be entitled to use the Premises solely only for office/research and development, sales, marketing and other related uses and the permitted use (or no other use whatsoeveras defined in paragraph 1(g)). Tenant shall continuously and without interruption will not occupy or use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall bePremises, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or permit any portion of the Premises solely to be occupied or used for any business or purpose other than the purposes permitted use or for any use or purpose which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or contents. If Tenants occupancy causes any increase in the rate of insurance on the Premises Tenant agrees to pay to Landlord the amount of such increase on demand and such increase shall be Additional Rental. Tenant will conduct its business and control its vendors; subcontractors; agents; employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or the Landlord in management of the Premises or the Project, 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 shall not, without the prior express written consent of the Landlord do any of the following: (i) install or remove: partitions, electrical system components, or any part of the ceiling system (except for replacing damaged ceiling tiles), (ii) alter the plumbing fixtures, (iii) install or modify HVAC components (except for any required repairs), (iv) paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises, . Access to the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity roof of the Building Premises is strictly limited to maintenance and repair activity by Landlord or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertyqualified repair contractors approved in advance by Landlord. Tenant (including its employees, vendors, subcontractors, agent and invitees) shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any no penetrations of the roof, party walls or exterior walls or roof of for any reason without Landlord's advance written consent. All alterations to the Building. Tenant Premises that are approved by Landlord shall not affix any equipment to or make any penetrations or cuts be maintained in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment good repair and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyoperating condition.

Appears in 1 contract

Sources: Lease Agreement (Ramp Corp)

Use. Tenant shall 2.1 The Premises are to be entitled to use the Premises solely used only for office/research executive, general, and development, sales, marketing administrative offices and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverpurpose. Neither Tenant nor any of Tenant's servants, agents, employees, invitees or licensees shall not do damage, disfigure or permit anything to injure the Premises or any portion thereof or the Real Property; nor shall Tenant allow the emission of any offensive odors or noise from the Premises. Any office equipment or machines used by Tenant within the Premises which may interfere with the use or enjoyment of any other tenant or occupant of the Building or which may be done heard from any public area in or about the Premisesbuilding shall be placed and maintained by Tenant, at Tenant's sole expense, in a sound proof setting such as cork, rubber or vibration eliminators to eliminate any such noise or vibration. As an ancillary use, Tenant may mix pharmaceutical prescriptions in the Buildingspace marked "Pharmaceutical" on the attached plan. 2.2 If any governmental license or permits, other than a certificate of occupancy, shall be required for the Common Areas or the Property which does or could (i) jeopardize the structural integrity proper and lawful conduct of the Building or (ii) cause damage to any part of Tenant's business in the Premises, or any part thereof, and if failure to secure such license or permit would in any way affect Landlord, Tenant, at its expense shall duly procure and thereafter maintain such license or permit and submit the Buildingsame to inspection by Landlord. Tenant shall, at all times, comply with the Common Areas terms and conditions of each such license or the Property. permit. 2.3 Tenant shall not operate any equipment within store, place or allow the Premises which does storing or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation placement of any electricalmaterials, plumbingdebris or other obstructions of any nature in any hallway, heating, ventilating lobby or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation other public areas of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations interior of the exterior walls Real Property or roof of on the Building. Tenant shall not affix any equipment sidewalk, parking area or other area or areas abutting or adjacent to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Real Property. 2.4 Tenant shall not place anything on any loads upon floor of the floorsPremises which will create a load in excess of the load per square foot which such floor was designed to carry. 2.5 Tenant shall not move any heavy equipment or bulky matter, wallsincluding, ceiling but not limited to safes or roof systems which could endanger the structural integrity large office equipment or furniture, into or out of the Building without first obtaining Landlord's consent. If the movement of such items requires any special handling, all such work shall be done in full compliance with applicable laws, ordinances, codes, rules and regulations and any other applicable governmental requirements. All such movements shall be made during hours designated by Landlord which will least interfere with the normal operation of the Building, and all damage directly or damage its floors, foundations or supporting structural components. indirectly caused by such movement shall be promptly repaired by Tenant at Tenant's expense. 2.6 Landlord shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems provide Tenant with up to four (4) undesignated parking spaces per one thousand (1,000) square feet of floor space of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (Mim Corp)

Use. Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever2.01. Tenant shall continuously use and without interruption use occupy the Demised Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverpurpose. 2.02. Tenant shall not at any time use or occupy, or do or permit anything to be done in or about the Demised Premises, in violation of any law, ordinance or regulation governing the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity use and occupation of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Demised Premises or the Building. 2.03. In no event shall the population density in the Demised Premises exceed one (1) person for every two hundred (200) rentable square feet, or such lesser amount as may be required by the certificate of occupancy for the Building. Landlord represents that the Certificate of Occupancy annexed hereto as Exhibit G has not been amended, and Landlord agrees that it will not seek to amend or modify the Certificate of Occupancy in any way that will affect Tenant’s use and occupancy of the Demised Premises. 2.04. The Demised Premises may be used by third parties associated with Tenant’s business (individually a “Desk Sharing Party”, and collectively, “Desk Sharing Parties”) on a temporary basis, upon the following express conditions, unless otherwise agreed to in writing, by 4846-0294-9028.v11 (i) Desk Sharing Parties, in the aggregate, may not occupy more than three thousand (3,000) usable square feet of the Demised Premises; (ii) damageany such Desk Sharing Party shall not have any rights under this Lease except to occupy space in the Demised Premises, overload nor shall such occupancy create a landlord-tenant relationship or impair any privity with the efficient operation of Landlord, and any electricalsuch Desk Sharing Party shall have no right, plumbing, heating, ventilating title or air conditioning system within interest in or servicing to the Premises or the Building, or Demised Premises; (iii) damage Tenant continues to actively conduct its business in the Demised Premises; (iv) there shall be no separate identification of any Desk Sharing Party on any Demised Premises or impair Building signage; (v) there shall be no construction or other alterations to the efficient operation Demised Premises to separate space within the Demised Premises for a Desk Sharing Party (i.e. the Demised Premises shall not be reconfigured to appear to have separate premises within the Demised Premises); (vi) any such arrangement with a Desk Sharing Party will terminate automatically upon the termination of this Lease; (vii) Tenant shall receive no rent or other payment or consideration for the sprinkler system use or occupancy of any space in the Demised Premises by any Desk Sharing Party (other than for reasonable charges for office, clerical, secretarial, messenger and similar services), and (viii) such desk sharing arrangement is for a valid business purpose and not to circumvent the provisions of this Lease, including, without limitation, Article 8. Any Desk Sharing Party use or occupancy agreement is subject and subordinate to this Lease and all matters to which this Lease is subject and subordinate. In connection with such Desk Sharing Party, Tenant will provide Landlord with a copy of a written agreement, (if any) within or servicing ), with such Desk Sharing Party and the Premises or the Buildingnames and contact information for any such Desk Sharing Party. Tenant shall nor install hereby indemnifies and holds Landlord harmless hereunder from any equipment and all liabilities, expenses or antennas on costs of any nature whatsoever to Landlord arising in any manner out of or make any penetrations of in connection with the exterior walls Desk Sharing Party’s use of, or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premisespresence in, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Demised Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (UroGen Pharma Ltd.)

Use. Tenant shall be entitled to continuously occupy and use the Premises solely only for office/research the Permitted Use (as set forth in the Basic Lease Information) and developmentshall comply with all Laws relating to Tenant’s specific use, salescondition, marketing access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other related uses authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 12 with applicable Law. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or no other use whatsoeveras a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall continuously conduct its business and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by control each other Tenant under the terms of this Lease. Tenant shall have the right Party so as not to use the Common Areas create any nuisance or unreasonably interfere with other tenants or Landlord in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof management of the Building. Tenant shall not affix knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment to in or make about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any penetrations invalidation of coverage or cuts increase in the floor, ceiling, walls or roof rate of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids fire insurance or other waste materials in the drainage systems of insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the Building, the Common Areas increase in such rate is due to such act of Tenant or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory contents or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered Additional Rent payable with the Buildingnext monthly installment of Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, the Common Areas noxious, radioactive or the Propertyexplosive substance.

Appears in 1 contract

Sources: Office Lease Agreement (Radiant Systems Inc)

Use. (a) The Tenant shall operate the Project as a first class destination hotel and convention center in accordance with the Operating Standards for the accommodation of hotel and convention guests, and for related convention, meeting and similar purposes, throughout the Term hereof, with related shops, stores, restaurants and such other amenities as are in keeping with operation of such a facility, and for no other purpose, and except for reasonable interruptions for reasonable periods for repairs, renovations, replacements and rebuilding in the ordinary course of operations, all of which will be entitled carried out pursuant to, and in accordance with, the applicable provisions of this Lease. There will be no change in the primary use of the Project as a first class destination hotel and convention center (time-sharing or time interval Landlordship will be deemed a change in use) or any discontinuance of use, without the prior written consent of Landlord. Until and unless the balance of the Xentury City CDD property shall be fully developed and built out, the Tenant shall not increase the number of guest rooms above 1800, or amount of convention area above the greater of (i) 350,000 square feet or (ii) 260 square feet per hotel guest room (exclusive or "pre-function" or "back-of-the-house"areas), without the prior written consent of the Landlord which may be withheld in the Landlord's sole discretion unless the Landlord determines that any such increase will not limit or delay or potentially increase the burden or conditions on or otherwise adversely impact, or have a reasonable potential to adversely impact, the development of all remaining undeveloped parcels. Notwithstanding the foregoing or any other provision of this Lease to the contrary, changes in configuration, size or use of the guest room space, common areas, meeting and exhibit space, number or size of restaurants, retail facilities or any other aspect of the Project shall not, subject to the provisions of Section 10 of this Lease, require the consent of the Landlord, provided the Project shall continue to be operated in a manner consistent with operation of a first class destination hotel and convention center consistent and in accordance with the Operating Standards. Throughout the Term the Tenant shall reserve and make available to Landlord or Landlord's designee upon reasonable prior request (written or through the Convention Hotel reservation process) one of the Convention Hotel's larger suites at the Convention Hotel's most-favored corporate rate for use from time to time on an as-requested basis, subject to unreserved availability. (b) The Tenant represents, covenants and warrants that throughout the Term, the Tenant shall, at its own cost and expense, timely observe and comply in all material respects: with all Legal Requirements and with all Insurance Requirements applicable to the Buildings and/or the Demised Premises solely for office/research and developmentuse and/or occupancy thereof. Anything herein to the contrary notwithstanding, salesthe Tenant may contest any Legal Requirements or Insurance Requirements which it, marketing in its reasonable judgment, deems unreasonable or inapplicable, and other related uses may, during the pendency of such contest, defer compliance with any Legal Requirements provided that such contest and/or non-compliance: (1) does not subject the Tenant's interest in the Demised Premises, the Buildings, the Furnishings or any part of the foregoing to the imminent risk of sale or forfeiture; (2) does not imminently jeopardize the continuing operation of the hotel business as contemplated under this Lease or Tenant's ability to pay all amounts coming due and payable hereunder, or imminently threaten any reduction in Gross Revenues; and (3) does not subject Landlord to damages, a fine or a penalty for which Tenant has not provided to Landlord adequate security or other adequate assurances of payment, or the risk of forfeiture of its interest in the Demised Premises, the Buildings or the Furnishings, or any part thereof. The Tenant agrees to give Landlord written notice of any violation of any Legal and/or Insurance Requirement affecting the Project, which is posted on, or fastened or attached to, the Land, or of which the Tenant otherwise becomes aware, within ten (10) days after receipt or posting of any such notice or the Tenant obtains actual knowledge of such violation, unless such violation: (1) would not subject the Tenant's interest in the Demised Premises, the Buildings, the Furnishings or any part of the foregoing to the imminent risk of sale or forfeiture; (2) would not imminently jeopardize the continuing operation of the hotel business as contemplated under this Lease or Tenant's ability to pay all amounts coming due and payable hereunder, or imminently threaten any reduction in Gross Revenues; and (3) would not subject Landlord to damages, a fine or a penalty for which Tenant has not provided to Landlord adequate security or other adequate assurances of payment, or the risk of forfeiture of its interest in the Demised Premises, the Buildings or the Furnishings, or any part thereof. The Tenant shall indemnify Landlord against all liability for damages, interest, penalties and expenses (including reasonable attorneys' fees and disbursements) resulting from, or incurred in connection with, any such contest or non-compliance, except to the extent of any actual fault of Landlord in connection therewith. (c) The Tenant shall not use or occupy or allow or suffer the Demised Premises or the Buildings or any part thereof to be used or occupied for any purpose other than as set forth in paragraph (a) of this Article, or which is in contravention of any Certificate of Occupancy, nor shall the Tenant commit or suffer any use, occupancy, act or omission to be done or condition to exist in the Buildings, or on the Demised Premises which may constitute a nuisance, public or private, provided the Tenant shall not be in violation of this covenant, provided the Tenant has undertaken to cure any such condition upon the Tenant obtaining knowledge of such condition, and the Tenant is diligently pursuing the cure of such condition. (d) Subject to the rights of the Xentury City CDD and interests and activities (including public interests) contemplated under the CDD Project Agreement, the Tenant shall not knowingly suffer or permit the Demised Premises to be used by the public in a such manner which would impair Landlord's title to, or its reversionary interest in, the Demised Premises, Buildings or Furnishings or any portion thereof, or which would support or provide a claim or claims of adverse usage or adverse possession by the public, or of implied dedication of the Demised Premises or any portion thereof or interest therein. (e) The Tenant shall have no other right to convert the use whatsoeverof the Buildings and/or its leasehold estate under this Lease to any time sharing, time interval or cooperative form of ownership, or to subject the same to any condominium regime. Tenant shall continuously have no right to otherwise alter the legal nature of its ownership of the leasehold estate created by this Lease or its ownership of the Buildings, but nothing in this sentence shall be deemed to limit the rights of Tenant under Article 12 hereof. (f) The Tenant's use of that portion of the Demised Premises legally described in Exhibit B-4 attached hereto and without interruption use by this reference made a part hereof (the Premises for such purpose for the entire Lease Term. Any discontinuance of such "Southerly Parking Area") shall be limited at all times hereunder to use for a period Convention Hotel guest and employee (and occasional short-term bus) parking only, and the Southerly Parking Area shall not be used for any other use including without limitation truck, maintenance vehicle, bus, camper, or RV parking [other than occasional short-term bus parking for periods of sixty consecutive calendar not more than 5 days during times of peak parking demands], and shall bebe improved, at Landlord's election, a default by Tenant under maintained and used only in accordance with the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyParagraph 4.

Appears in 1 contract

Sources: Ground Lease (Gaylord Entertainment Co /De)

Use. Tenant shall be entitled to use the Premises solely only for office/research and development, sales, marketing and other related uses and the Permitted Use (or no other use whatsoeveras defined in Paragraph 1 (h) hereof). Tenant shall continuously and without interruption will not occupy or use the Premises, or permit any portion of the 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 which violates any rule, regulation or ordinance of any applicable governmental authority or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or its contents. In the event that, by reason of acts of Tenant, there shall be any increase in the rate of insurance on the Building or its contents or which create additional cost or expense to Landlord because of Tenant's acts or conduct of business, Tenant hereby agrees to pay to Landlord the amount of such purpose increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant 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 its management of the Building. Tenant will maintain the Premises During the Lease Term, Tenant and its employees, guests, agents, visitors and invitees shall have the nonexclusive use in common with Landlord, other Tenants of the Building, their employees, guests, agents, visitors and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the entire Lease Termuse thereof as prescribed from time to time by Landlord. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant Landlord shall have the right to reserve parking spaces as it elects and condition use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas thereof on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyterms as it elects.

Appears in 1 contract

Sources: Lease Agreement (Brigham Exploration Co)

Use. Tenant The Demised Premises shall be entitled to use used by Tenant for the Premises solely specific Use as defined in the Basic Lease Terms and for office/research and development, sales, marketing and other related uses and (or no other use purpose whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall beshall, at Landlord's electionits sole cost and expense, a default by promptly comply with all governmental laws, ordinances and regulations (Federal, state and municipal) applicable to the Demised Premises and Tenant’s use of the Demised Premises in its business operations, including any structural alterations which may be required. Tenant under agrees to obtain necessary permits and licenses to commence its business operation at its sole cost and expense. Landlord shall have no responsibility for Tenant’s ability or inability to obtain such permits and licenses, said permits and licenses being the terms sole responsibility of this LeaseTenant. Tenant shall have the right to exclusive use the Common Areas in conjunction with its Permitted Use of the Demised Premises solely for except that the purposes for which they were designed bathrooms and intended aid for no other purposes whatsoeveran accessible path to the bathrooms shall be open to public use during normal business hours as determined by the Landlord. Tenant shall erect and maintain signage satisfactory to the Landlord indicating that the bathrooms are open to public use. Tenant shall not do permit any excessive odors, smoke, dust, gas, noise or permit anything vibration to be done in or about emanate from the Demised Premises, the Building, the Common Areas or the Property nor take any other action which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertywould constitute a nuisance. Tenant shall not operate receive, store or otherwise handle, any equipment within product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Demised Premises to be used for any purpose or in any manner (including, without limitation, any method of storage) which does would render the insurance thereon void or could (i) injure, vibrate or shake increase the Premises premiums therefore or the Building, (ii) damage, overload or impair insurance risk. Landlord makes no representations that the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing Demised Premises are properly zoned for the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Buildingprescribed Use. Tenant shall not affix permit the storage or discharge into the earth or its atmosphere of effluents, waste or other materials, solid, liquid or gaseous. No waste or other materials shall be disposed of by Tenant in any equipment to way or make any penetrations manner which would or cuts will in the floorfuture cause the Tenant and/or Landlord to be liable for fines and penalties under the laws or rules currently in effect (Federal, ceiling, walls state and/or municipal) or roof to incur expenses of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentssort to correct any such condition. Tenant shall not place indemnify and hold Landlord harmless from and against any explosiveclaims, flammable fines, penalties or harmful fluids or other waste materials in causes of action arising out of Tenant’s failure to comply with the drainage systems provisions of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertythis Section.

Appears in 1 contract

Sources: Lease Agreement

Use. Tenant The Premises shall be entitled to use used only for the Premises solely purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for office/research and developmentsuch other lawful purposes as may be incidental thereto; provided, saleshowever, marketing and other related uses and (or no other use whatsoever. with Landlord's prior written consent, Tenant shall continuously and without interruption may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises provided, however, Tenant may conduct “tent sales” to Tenant's employees and/or customers on or about the Premises, subject to applicable Legal Requirements, but in no event shall such purpose “tent sales” occur more than two (2) times in any given calendar year upon delivery of written notice to Landlord along with a traffic control plan at least sixty (60) days prior to such tent sale, provided Tenant shall be responsible for any cost associated with such “tent sales” including, but not limited to, any related insurance or property tax increases to Landlord, compliance with Legal Requirements, and/or property maintenance resulting from such operation. Landlord shall have no liability whatsoever in connection with such “tent sales”, and Tenant shall indemnify Landlord for any and all claims arising from such “tent sales”. Notwithstanding anything to the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of contrary set forth elsewhere in this Lease. , Tenant shall have the right to place and maintain at all times, patio furniture in an outside location mutually agreeable to Landlord and Tenant, at Tenant's sole cost and expense, during the Lease Term which shall be utilized by Tenant and its employees in connection with its business operations. Landlord shall have no liability whatsoever in connection with such outside patio furniture and Tenant shall indemnify Landlord for any and all claims arising from the presence and maintenance of such outdoor area. Tenant will use the Common Areas Premises in conjunction with its Permitted Use a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within subject the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) to use that would damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to be committed any waste in or about emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the BuildingProject. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the access of other tenants to the Building and Project parking lots and truck courts. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Common Areas Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant's specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant's specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the PropertyProject is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Sources: Lease Agreement (American Apparel, Inc)

Use. (a) The Demised Premises shall be used for first class executive, administrative and general offices and for no other purpose whatsoever. (b) Except as herein specifically permitted, Tenant shall be entitled not use, generate, manufacture, store or dispose of any Hazardous Substance on, under or about the Demised Premises or the Building nor transport any Hazardous Substance thereto (except chemicals customarily used in ordinary cleaning activities in a building comparable to use the Premises solely for office/research Building and development, sales, marketing and other related uses and (or no other use whatsoeverincidental to the operation of ordinary business machines such as photocopiers). Tenant shall continuously maintain records of all Hazardous Substances situated on, under or about the Demised Premises and without interruption the disposal or transportation of the same so as to comply with all Environmental Laws and shall, as prescribed by law, make all reports to all appropriate Governmental Authorities respecting such transportation, disposal, storage or release of any such Hazardous Substance. Notwithstanding the preceding provisions of this paragraph (b), Tenant shall immediately advise Landlord, in writing, of any and all enforcement, clean-up, remediation, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any applicable Environmental Laws relating to any Hazardous Substances affecting the Premises; all claims, made or threatened by any person (including a Governmental Authority) against the Demised Premises, Tenant or Landlord relating to any damage, injury, costs, remedial action or cost recovery compensation arising out of or due to the existence of any such Hazardous Substance in or about the Demised Premises. (c) Tenant shall remove all Hazardous Substances which it introduced or disposed of (or on behalf of Tenant were introduced or disposed of) into or within the Demised Premises from the Demised Premises upon the expiration or earlier termination of the Term. (d) Tenant shall defend, indemnify and hold the Indemnities harmless from and against all actions, causes of action, claims, lawsuits, administrative proceedings, hearings, judgments, awards, fines, penalties, costs (including legal, engineers’, experts’, investigatory and consulting fees), damages, remediation activities and clean-up costs, liens, and all other liabilities incurred by any of Landlord, its officers, directors, shareholders, employees and agents, whenever incurred on or after the Commencement Date, arising out of any Tenant’s act or failure to act resulting in (i) the existence or presence (or alleged existence or presence) on or about the Building of any Hazardous Substance or the release of any Hazardous Substance into the environment; (ii) the occurrence or existence on or about the Building of any Hazardous Activity or Hazardous Condition; (iii) any personal injury or property damage resulting from any Hazardous Activity on or about the Building or the existence of a Hazardous Condition at the Building; (iv) the violation of any Environmental Law; or (v) the commencement or prosecution of any judicial or administrative procedure arising out of any claims under any Environmental Law or common law cause of action in which Landlord is named a party or in which it may intervene. (e) Notwithstanding anything herein set forth to the contrary, Tenant shall not use nor suffer or permit, throughout the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms term of this Lease. Tenant shall have , the right Demised Premises or any portion thereof to use the Common Areas in conjunction with its Permitted Use be used for any of the following enterprises or purposes: (i) An employment agency (but any offices used by Tenant for Tenant’s recruitment of personnel or for training such Tenant’s personnel in connection with Tenant’s business shall not be deemed to be a violation of this restriction); (ii) Offices for any governmental agency, public corporation, commission or quasi-governmental entity or any Person not subject to lawsuit in either the courts of the United States or the State of New York located in New York County; (iii) An embassy or consular office; (iv) Health care professionals, including any medical, dentistry, chiropractic, podiatry, drug or other rehabilitative office or facility; (v) School, educational or training center; (vi) Bookstore, head shop or other enterprise a material portion of whose business includes or whose space is devoted to the sale, leasing, advertisement, promotion or delivery of: pornographic or sexually explicit magazines, books, films, video tapes, computer discs, games, photographs, pictures, posters or other material or media; sexual devices; drug paraphernalia of any description; or which advertises or holds itself out as an “adult” bookstore, sex shop or similar business; (vii) Messenger service; (viii) The business of photographic, multilith or multi graph reproductions or offset printing, except in connection with Tenant’s own business or activities; (ix) A stockbroker’s or dealer’s office or for the underwriting or sale of securities unless used solely for general and executive offices of such entity and not for the sale of securities to the general public, except via telecommunications devices; (x) Clerical support facility providing services to persons outside of the Demised Premises; (xi) Showroom or exhibition hall; (xii) A banking, trust company, or safe deposit business; (xiii) A savings bank, or a savings and loan association or a loan company; (xiv) The sale of travelers’ checks and/or foreign money exchange; (xv) The offices or business of a welfare, drug or alcohol dependency treatment center, or similar agency, whether public or private; Fortune tellers, tarot card readers or similar establishments, arcade-type use, including without limitation, amusement devices, games or machines or pool hall; Betting parlors, gambling casinos or gambling-type establishments; Nightclub, disco, catering establishment, restaurant, fast food restaurant, delicatessen, grocery store, establishment or counter for the sale of all on- or off-premises consumption of food or any other facility for the handling, storage, distribution or sale of food and foodstuff; provided, however, that in connection with, and incidental to, Tenant’s use of the Demised Premises solely for the purposes first set forth in Section 2.01(a), at its expense and upon compliance with all of the terms and conditions of this Lease and all Applicable Laws and all Requirements, may use a portion of the Demised Premises as a pantry for the purpose only of warming prepared foods by microwave-oven or electrical warming devices which they were are designed primarily for the aforesaid purpose, and intended aid dispensing of food to its officers, employees and invitees conducting business with Tenant. Tenant may also install vending machines for no the exclusive use of its officers, employees and such invitees, each of which vending machine (if it dispenses any beverages or other purposes whatsoever. liquids or refrigerates) shall have a waterproof pan located thereunder, connected to a drain; Uses that attract unusual crowds to the sidewalks around the building or create unusual noise or disturbances; or Use by entities or organizations that openly advocate the overthrow of, or are otherwise hostile to, the State of Israel or espouse anti-semitic views, or are deemed by the United States State Department to be terrorists or sponsors of terrorism. (f) The obligations of Tenant under this Section 2.01 shall survive the expiration or earlier termination of the Term. 2.02 Tenant shall not do at any time use or occupy the Demised Premises in violation of the Certificate of Occupancy then issued for the Demised Premises or for the Building and in the event that any department of the City or State of New York shall hereafter contend or declare by notice, violation, order or in any other manner whatsoever that the Demised Premises are used for a purpose which is a violation of such Certificate of Occupancy, Tenant shall, upon receipt of written notice from Landlord or any Governmental Authority, immediately discontinue such use of the Demised Premises. 2.03 Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner or anything to be done therein or anything to be brought into or kept therein which, in the reasonable judgment of Landlord, shall in any way impair or about tend to impair the Premisescharacter, reputation or appearance of the BuildingBuilding as a high quality office building, impair or interfere with or tend to impair or interfere with any of the Common Areas Building services or the Property which does proper and economic heating, cleaning, air conditioning or could (i) jeopardize the structural integrity other servicing of the Building or (ii) cause damage the Demised Premises, or impair or interfere with or tend to impair or interfere with the use of any part of the Premises, other areas of the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the BuildingBuilding by, or (iii) damage occasion discomfort, inconvenience or impair the efficient operation annoyance to, any of the sprinkler system (if any) within other tenants or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof occupants of the Building. Tenant shall not affix install any electrical or other equipment to or make of any penetrations or cuts kind which, in the floorreasonable judgment of Landlord, ceilingmight cause any such impairment, walls interference, discomfort, inconvenience or roof annoyance; provided, however, that the use or installation of personal computers, computer peripherals, photocopying and other machines customarily employed in general business offices shall be permitted so long as such use does not (i) require consumption of electricity in excess of the Premises' Tenant shall not place service required to be provided to the Demised Premises hereunder to be exceeded, (ii) cause any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of vibration to affect the Building structure and floor slabs and (iii) result in any unreasonably intrusive sound to emanate from the Demised Premises. 2.04 If any governmental license or damage its floors, foundations or supporting structural components. Tenant permit shall not place any explosive, flammable or harmful fluids be required for the proper and lawful conduct of Tenant’s business or other waste materials activity carried on in the drainage systems of the Demised Premises, and if the failure to secure such license or permit might or would, in any way, adversely affect Landlord or the Building, then Tenant, at Tenant’s expense, shall duly procure and thereafter maintain such license or permit and submit the Common Areas or the Propertysame for inspection by Landlord. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materialsTenant, suppliesat Tenant’s expense, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times comply with the requirements of each such license or permit. Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant as may be stored reasonably required to obtain any such license or permit and otherwise in connection with matters involving the use or occupancy of the Demised Premises. 2.05 In the event that Tenant shall be served with a written order, violation or summons from any municipal or governmental agency relating to the conduct of the then business of Tenant in the Demised Premises, Tenant shall notify Landlord within five (5) business days of Tenant’s receipt of same by certified mail of the Premisesexistence of such order, violation or summons and enclose an conformed copy thereof. Tenant shall not commit nor permit shall, likewise, give notice to be committed Landlord of any waste in order, request or about requirement given to it by any company insuring the Demised Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (Tangoe Inc)

Use. Tenant shall be entitled to use the Premises solely only for office/research and developmentdevelopment in biotechnology, sales, marketing light manufacturing and other related uses activities and (or for no other use whatsoeverpurpose without the Landlord's prior written consent. Tenant shall continuously and without interruption use not do, bring or keep anything in or about the Premises for that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. 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 purpose for increase. Tenant shall comply with all laws concerning the entire Lease TermPremises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or 1. Any discontinuance occupancy of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default the Premises by Tenant under during the terms term of this Lease. Tenant shall have not use or permit the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby accepts the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity Premises in their condition existing as of the Building or (ii) cause damage to any part of date that Tenant possesses the Premises, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the Building, use of the Common Areas or the PropertyPremises and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant shall not operate hereby acknowledges that neither the Landlord nor the Landlord's agent has made any equipment within representation or warranty to Tenant as to the suitability of the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage conduct of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyTenant's business.

Appears in 1 contract

Sources: Commercial Lease (Clontech Laboratories Inc)

Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall be entitled 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 solely for office/research in a careful, safe and development, sales, marketing proper manner and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall will not do commit or permit anything to be done in waste, overload the floor or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part structure of the Premises, subject the BuildingPremises 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 Common Areas Premises, or using or allowing the PropertyPremises to be used for any unlawful purpose. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install cause any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment machinery to or make any penetrations or cuts be installed in the floorPremises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, ceiling, walls or roof of other space in the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentsProject. Tenant shall not place any explosive, flammable machinery or harmful fluids equipment weighing 500 pounds or other waste materials more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the drainage systems 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 PremisesProject 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 Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Buildingextent 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 Propertyexterior of the Building that are required by Legal Requirements. Tenant shall not drain or discharge any fluids Following the Commencement Date, except as provided in the landscaped areas 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or across modifications to the paved areas interior or the exterior of the Property. Tenant shall not use any Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Common Areas for Premises with the storage ADA) related to Tenant’s specific use or occupancy of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall not commit nor permit be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to be committed Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any waste and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or about occupancy of the Premises, the Building, the Common Areas Premises or the PropertyTenant’s Alterations.

Appears in 1 contract

Sources: Lease Agreement (Metabolix, Inc.)

Use. Tenant shall be entitled to use the Premises solely only for office/research the Permitted Use and developmentshall comply with all Laws relating to the use, salescondition, marketing access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. The population density within each of the Buildings comprising the Premises shall at no time exceed one person for each 200 rentable square feet therein; however, such population density may from time to time exceed such number on a temporary basis for meetings, conferences and other related uses and (or no other use whatsoeverevents of a temporary nature. Tenant shall continuously and without interruption may use the Premises for such purpose for after the entire Lease Term. Any discontinuance Normal Building Hours; however, (a) no more than 10% of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas Tenant’s desks and workstations in conjunction with its Permitted Use of each Building comprising the Premises solely for the purposes for which they were designed may be in use after Normal Building Hours other than on an occasional basis, and intended aid for no other purposes whatsoever. Tenant (b) such hours of operation shall not do or permit anything to be done in or about affect (1) the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Normal Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the BuildingHours, or (iii2) damage or impair the efficient operation Tenant’s obligation with respect to all costs and expenses as a result of the sprinkler system (if any) within or servicing Tenant operating in the Premises or beyond the Normal Building Hours, including accelerated wear and tear on the Building’s Systems. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant The Premises shall not affix be used for any equipment to use which is disreputable, creates extraordinary fire hazards, or make results in an increased rate of insurance on the Project or its contents, or for the storage of any penetrations or cuts Hazardous Materials (other than in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertycompliance with all Laws and this Lease). Tenant shall not use any portion of the Common Areas Premises for a “call center,” any other telemarketing use, or any credit processing use other than as an ancillary component to Tenant’s Permitted Use in the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within Premises consistent with Class A buildings in the Premisessubmarket in which the Buildings are located. Tenant may use any existing wiring or cabling in the Premises in its current “AS-IS” condition; however, any additional wiring or cabling installed by Tenant or modifications made to the existing wiring or cabling shall not commit nor permit be at Tenant’s sole cost and expense. During the Term, Tenant shall leave any pre-existing but unused wiring and cabling undamaged and in a neat and organized fashion, labeled, and comparable to be committed any waste in its current condition. If, because of a Tenant Party’s acts or about omissions or because Tenant vacates the Premises, the Buildingrate of insurance on either of the Buildings or its contents increases, then Tenant shall pay to Landlord the Common Areas amount of such increase with 15 days of written demand with supporting evidence, and acceptance of such payment shall not waive any of Landlord’s other rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with Landlord in its management of the PropertyProject.

Appears in 1 contract

Sources: Lease Agreement (Ciena Corp)

Use. 9.1 Tenant shall be entitled to use and occupy the Premises solely during the Term for office/research retail and development, sales, marketing non-retail banking and other general office and related uses purposes and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverwithout the prior written consent of Landlord. Tenant shall not do use, suffer or permit anything the Premises or any part thereof to be done 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 it, for any lawful purpose. 9.3 Should Tenant commit or permit any act or acts upon the Premises or use the Premises or permit the Premises to be used in any manner which will increase the existing rate of insurance on the Building, any part thereof or its contents or any part thereof, such additional expense shall be paid by Tenant to Landlord within ten (10) days of delivery to Tenant of notice of such increase. Tenant shall not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shall not sell or permit to be kept, used or sold in or about the PremisesPremises any article which may be prohibited by the standard form of fire insurance policies, as such now or are hereafter provided, covering the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premisesthereof, the Building, the Common Areas or the Property. its contents. 9.4 Tenant shall not operate commit or suffer to be committed any equipment within the Premises which does or could (i) injure, vibrate or shake waste upon the Premises or any public or private nuisance or any other act or thing which may disturb the Building, (ii) damage, overload or impair the efficient operation quiet enjoyment of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing other tenant in the Building in which the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertyare located. Tenant shall not use the Premises or permit the Premises to be used in whole or in part for any purpose that is deemed to be in violation of any laws, ordinances, regulations or rules of any public authority or organization at any time. A judgment of any court of competent jurisdiction or the admission by Tenant in any judicial or administrative action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, or rules in the use of the Common Areas for Premises shall be deemed to be a conclusive determination of that fact between Landlord and Tenant. 9.5 Upon the storage expiration or sooner termination of its materialsthis Lease, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit quit and surrender the Premises to be committed any waste Landlord in or about the Premisesgood condition and repair, the Building, the Common Areas or the Propertyreasonable wear and tear excepted.

Appears in 1 contract

Sources: Office Lease (Bridge Capital Holdings)

Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "Legal Requirements"). Tenant shall, upon 5 days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall be entitled 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 solely for office/research in a careful, safe and developmentproper manner and will not commit waste, sales, marketing and other related uses and (overload the floor or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part structure of the Premises, subject the BuildingPremises 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 Common Areas Premises, or using or allowing the PropertyPremises to be used for any unlawful purpose. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install cause any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment machinery to or make any penetrations or cuts be installed in the floorPremises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, ceiling, walls or roof of other space in the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentsProject. Tenant shall not place any explosive, flammable machinery or harmful fluids equipment weighing 500 pounds or other waste materials more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the drainage systems 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 Project with Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA"), as of the Commencement Date (in its then condition and before any work to be undertaken by Tenant pursuant to the Work Letter). Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the performance of Tenant's work under the Work Letter and/or Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, but subject to Landlord's obligations as of the Commencement Date of the Lease, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with any failure of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain Project to the extent related to Tenant's use or discharge any fluids in the landscaped areas or across the paved areas occupancy of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, to comply with any Legal Requirement from and after the BuildingCommencement 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 Common Areas Premises, or the PropertyProject to the extent related to Tenant's use or occupancy of the Premises, to comply with any Legal Requirement from and after the Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Equinix Inc)

Use. Tenant a. The premises shall be entitled to use the Premises solely for office/research used and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default occupied by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeveruse set forth in the Basic Lease Information. Tenant shall not do or permit anything to be done shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, and requirements in or about effect during the Premises, the Building, the Common Areas term regulating Tenant's activities or the Property which does or could (i) jeopardize the structural integrity use by Tenant of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertypremises. Tenant shall not use any or permit the use of the Common Areas premises in any manner that will tend to create waste or a nuisance, or which shall tend unreasonably to disturb other tenants of the Building or adjacent buildings, nor shall Tenant place or maintain any signs on or visible from the exterior of the premises without Landlord's written consent, or use any corridors, sidewalks, or other areas outside of the premises for storage or any purpose other than access to the storage premises. Except as provided in paragraph 6(b) below, Tenant shall not use, keep, or permit to be used or kept on the premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause a cancellation of its any policy of insurance (including fire insurance) maintained by Landlord in connection with the premises or the Building or which would violate the terms of any covenants, conditions, or restrictions affecting the Building or the land on which it is located. (SEE ADDENDUM TO LEASE) b. Tenant shall strictly comply with I statutes, laws. ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (collectively, "Hazardous Materials"). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, suppliesCompensation and Liability Act of 1980, inventory as 4. amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 U.S.C. 7401 et seq., California Health and Safety code Section 25249.5 et seq., California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or equipment other similar laws, regulations and all such materials, supplies, inventory guidelines now or equipment shall at all times be stored within the Premiseshereafter in effect. Tenant shall not commit nor permit cause, or allow its employees, agents or invitees to cause, any Hazardous Materials to be committed any waste in used, generated, stored, or disposed of on or about the Premisespremises or the Building other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (with counsel approved by Landlord), indemnify and hold Landlord, its trustees, employees and agents, any entity having a security interest in the premises or the Building, and its and their employees and agents (collectively, "Indemnities") harmless from and against, and reimburse the Common Areas Indemnities for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the Propertyuse, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification set forth above. Tenant's obligations under this paragraph 6 shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Full Service Office Lease (Biomedicines Inc)

Use. Tenant (a) LESSEE shall be entitled to occupy and use the Demised Premises solely for office/general office light manufacturing, research and development, sales, marketing storage purposes and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoeverpurpose. Tenant LESSEE shall at the termination and/or expiration of this lease return said Demised Premises to LESSOR in as good condition as when received, loss by accidental fire or other casualty not occurring through negligence of LESSEE and ordinary wear and tear excepted. As a material consideration hereto the LESSEE covenants that LESSEE shall not permit the Demised Premises to be occupied by any person, firm or corporation other than the LESSEE whose name appears on this lease. (b) LESSEE shall not use or permit upon said Demised Premises anything that will invalidate or alter the classification of the policy of insurance now or hereafter carried on the building or which the Demised Premises are a part, or that will increase the rate of insurance on said Demised Premises or on said building; LESSEE shall not use or permit upon said Demised Premises anything that may be dangerous to life or limb; LESSEE shall not in any manner deface or injure said building or any part thereof, or overload the floors of said Demised Premises. LESSEE shall not permit any objectionable noise or odor to escape or be entitled from said Demised Premises or do anything or permit anything to be done upon said Demised Premises in any way tending to create a nuisance or about the Premises, the Building, the Common Areas tending to disturb any tenant in said building or the Property which does or could (i) jeopardize the structural integrity occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertyneighboring properties. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant LESSEE shall not use the parking areas in any of the Common Areas manner for the storage of its materials, parts, supplies, inventory trailers, equipment or equipment machinery, nor shall LESSEE use the parking areas in any manner which could obstruct or interfere with the rights and safety of other tenants or persons. LESSEE will not use the premises for any illegal purpose or in violation of any government regulations or embarrass LESSOR or any other tenant. (c) LESSEE will maintain a room temperature of greater than 40 degrees Fahrenheit in the service area and office area of the Demised Premises. (d) LESSEE shall comply with all such materialsgovernmental laws, supplies, inventory or equipment ordinances and regulations and shall at obtain and maintain all times be stored within necessary licenses and permits applicable to LESSEE and to the Premises. Tenant shall not commit nor permit to be committed any waste in or about use of the Demised Premises, and shall promptly comply with all governmental orders and directives for the Buildingcorrection, prevention and abatement of nuisances in, upon, or connected with the Common Areas or Demised Premises, all at LESSEE's sole expense. (e) LESSEE shall be solely responsible for all janitorial needs and expenses in connection with the PropertyDemised Premises.

Appears in 1 contract

Sources: Lease (Videolan Technologies Inc /De/)

Use. Tenant The Premises shall be entitled to use used and occupied for the Premises solely purpose described in the Basic Lease Information under “Permitted Use” and for office/research and development, sales, marketing and other related uses and (or no other use whatsoeveror purpose. Tenant shall continuously comply with all present and without interruption use future Laws regarding Tenant’s use, condition, configuration and occupancy of the Premises for (and make any repairs, alterations or improvements as required to comply with all such purpose for Laws, other than any repairs, alterations or improvements which are Landlord’s responsibility under Section 2 or Section 7(b)), and shall observe the entire Lease TermProject Rules (as defined in Section 29). Any discontinuance of such use for a period of sixty consecutive calendar days shall beLandlord, at Landlord's election, its sole cost and expense (except to the extent properly included in Operating Costs due to a default by Tenant under change in Law following the terms date of this Lease), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act or of applicable building, fire or other codes with respect to the Premises and the Common Areas of the Project, provided that Landlord’s obligation with respect to the Premises shall be limited to violations that arise out of the condition of the Premises prior to Tenant’s construction of the initial Tenant Improvements and the installation of any furniture, equipment and other personal property of Tenant. Tenant Notwithstanding the foregoing, Landlord shall have the right to use contest, any alleged violation in good faith, including, without limitation, the Common Areas right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest (or sooner, if Landlord’s deferral of any work will delay construction of the initial Tenant Improvements or will cause Tenant to incur any liability), will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in conjunction connection with any claims brought under any provision of the Americans with Disabilities Act other than Title III, the specific nature of Tenant’s business in the Premises (other than general office use), the acts or omissions of Tenant, its Permitted Use agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant and any design or configuration of the Premises solely for specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the purposes for which they were designed and intended aid for no other purposes whatsoeverADA. Tenant shall not do do, bring, keep or permit sell anything to be done in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the BuildingPremises shall not be used for any use listed in Exhibit E attached hereto (“Prohibited Use”). Tenant shall not, without the Common Areas or the Property which does or could prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building (including, without limitation, by placing in the Premises any object whose weight distribution results in pressure in excess of eighty (80) pounds per square foot) or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) cause damage connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment (including kitchen equipment that is customarily used in connection with general office use); or (iii) connect to any part electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of one hundred percent (100%) of the Premises, rated capacity of the Building, the Common Areas or the Propertycircuit. Tenant shall not operate have no rights to use the subsurface of the Land or any equipment within airspace above the underside of the roof or floor above the Premises or above any paved or landscaped areas on the Land or Common Areas, and Landlord reserves the right to use all such subsurface and airspace areas, including, without limitation, the right to perform construction work thereon. Any diminution or shutting off of light, air or view by any structure which does may be erected by Landlord shall in no way affect this Lease or could (i) injure, vibrate impose any liability on Landlord. Tenant shall have no right whatsoever to the exterior of exterior walls or shake the roof of the Premises or the Building, (ii) damage, overload Building or impair any portion of the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing Property outside the Premises or the Building, or (iii) damage or impair the efficient operation except as provided in Section 28 of this Lease and Sections 2 and 3 of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyProject Rules Rider.

Appears in 1 contract

Sources: Lease Agreement (Tercica Inc)

Use. Tenant a. In no event shall be entitled to Lessee use or permit the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use of the Premises for such any purpose other than general office use (which may include, subject to compliance with applicable laws and governmental requirements, use of the Premises for administration, software design and non-destructive, research and development purposes and for other incidental lawful uses, all not involving Hazardous Materials, and all in a manner consistent with operation within a first-class general office use building, so as not to exceed the entire Lease Termcapacity of the mechanical and utility systems serving, and/or the floor load capacity of, the Premises or interfere with the use or occupancy of any other occupant of the Project). Any discontinuance Lessor and Lessee hereby acknowledge and agree that the foregoing use restriction is an absolute prohibition against a change in use of such the Premises as contemplated under California Civil Code Section 1997.230. Lessee shall not do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use for a period or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any of sixty consecutive calendar days its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall benot use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at Landlord's election, a default by Tenant under the terms Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Lessee to Lessor upon demand as additional rent. Tenant In addition, Lessee shall have execute such affidavits, representations and certifications as may be reasonably required by Lessor from time to time concerning Lessee’s best knowledge and belief regarding the right presence of Hazardous Materials at the Premises. Lessee shall indemnify, defend with counsel acceptable to use Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any and all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, attorneys’ fees) arising in connection with the Common Areas in conjunction with its Permitted Use breach of the Premises solely for obligations described in any of the purposes for previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which they were designed has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and intended aid for no other purposes whatsoeverLiability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et. Tenant seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et. seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et. seq., the Clean Water Act, 33 U.S.C. §§ 1251., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or policies promulgated thereunder. Lessee shall not do or permit anything to be done in or about the Premises, Premises which will in any way obstruct or interfere with the Building, the Common Areas rights of other tenants or the Property which does or could (i) jeopardize the structural integrity occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas Project or the Property. Tenant shall not operate any equipment within injure or annoy them or use or allow the Premises which does to be used for any improper, immoral, unlawful or could (i) injureobjectionable purpose, vibrate nor shall Lessee cause, maintain or shake the Premises or the Buildingpermit any nuisance in, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within about the Premises. Tenant Lessee shall not commit nor permit or suffer to be committed any waste in or upon the Premises. Lessor shall promptly notify Lessee of any Hazardous Materials actually known by Lessor to exist in or about the PremisesPremises or other portions of the Project at levels in violation of applicable laws or which otherwise pose a material risk of having a material and adverse affect upon the operation of Lessee’s business from the Premises (including, without limitation, access to and/or use of the BuildingPremises and parking areas serving the Project). If requested by Lessee within thirty (30) days following the execution of this Lease, Lessor shall provide to Lessee copies of any Hazardous Materials reports or other environmental reports respecting the Common Areas Project then existing in Lessor’s possession, which reports shall be maintained by Lessee in strict confidence. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for costs related to the testing, remediation and/or presence of Hazardous Materials on or about the PropertyPremises or Project except if caused, in whole or in part, to be present thereon or thereabout by Lessee, any subtenant of Lessee and/or any of their respective employees, agents, representatives, contractors and/or invitees.

Appears in 1 contract

Sources: Net Office Lease (Borland Software Corp)

Use. The Leased Premises are leased to Tenant shall be entitled to use the Premises solely for office/research the Permitted Use set forth in Article 1.9 above and development, sales, marketing and other related uses and (or for no other use purpose whatsoever. Tenant shall continuously and without interruption not use or occupy or permit the Leased Premises for such purpose for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the entire Lease Term. Any discontinuance Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of such use for or affect any casualty or other insurance on the Building or the Property, or any of their respective contents) or make void or voidable or cause a period cancellation of sixty consecutive calendar days shall beany insurance policy covering the Building or the Property, at Landlord's election, a default by Tenant under the terms or any part thereof or any of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoevertheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building, the Common Areas or Building and/or the Property which does will in any way obstruct or could (i) jeopardize interfere with the structural integrity rights of other tenants or occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas Property or the Propertyinjure or annoy them. Tenant shall not operate use or allow the Leased Premises to be used for any equipment within the Premises which does improper, immoral, unlawful or could (i) injureobjectionable purpose, vibrate nor shall Tenant cause, maintain or shake the Premises or the Buildingpermit any nuisance in, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of about the exterior walls or roof of Leased Premises, the BuildingBuilding and/or the Property. In addition, Tenant shall not affix commit or suffer to be committed any equipment to waste in or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Leased Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of Building and/or the Property. Tenant shall not use any of the Common Areas for Leased Premises, the storage of its materials, supplies, inventory Building and/or the Property or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit anything to be committed any waste done in or about the Leased Premises, the BuildingBuilding and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the Common Areas requirements of any Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the Propertyadmission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.

Appears in 1 contract

Sources: Office Lease (Pegasus Solutions Inc)

Use. Tenant (a) The Premises and Truck Park shall be entitled used only for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto, any such other lawful purpose being subject to use Landlord's approval which shall not be unreasonably withheld or delayed ; however, no retail sales may be made directly from the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use to the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Propertygeneral public. Tenant shall not use the Premises and Truck Park to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous excluding Permitted Materials hereinafter defined below. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Common Areas for the storage of its materials, supplies, inventory or equipment Premises and all such materials, supplies, inventory or equipment shall at all times be stored within the PremisesTruck Park. Tenant shall not commit permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises and Truck Park; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises and Truck Park to be committed used for any waste purpose or in any manner that would (1) void the insurance thereon, (2) unreasonably increase the insurance risk, or about (3) cause the Premisesdisallowance of any sprinkler credits, however, Landlord agrees that Tenant's planned use is not a breach of this provision. Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises and Truck Park or the Building incurred by Landlord, which is caused by Tenant's use of the Premises and Truck Park or because Tenant vacates the Premises and Truck Park prior to the expiration of this Lease. (b) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Premises and Truck Park which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of ingress and egress of other tenants and their employees, agents and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties but shall use reasonable efforts to coordinate and/or mitigate parking disputes with other tenants that may arise from time to time. Notwithstanding the foregoing, Landlord agrees not to enforce rules and regulations, as to this Tenant, in a manner that is more restrictive than to other tenants in the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Commercial Lease Agreement (Homegrocer Com Inc)

Use. Tenant shall be entitled to 4.1 Lessee may use the Leased Premises solely for office/research and developmentthe Specified Use. Lessee shall not injure, salesoverload, marketing deface or otherwise harm Site, Building or Leased Premises nor permit the same; nor commit any nuisance; nor permit the emitting of any objectionable noise or odor; nor burn any trash or refuse thereon or therein; nor manufacture, sell, display, distribute or give away any alcoholic liquors or beverages; nor make or permit any use of Leased Premises which is improper, offensive or contrary to any law or ordinance, or which will invalidate or increase the cost of any Lessor's insurance (including the keeping or storage of any article of dangerous, inflammable or explosive character) or which would increase the danger of fire in Leased Premises or in the Building; nor obstruct or permit the obstruction of driveways, walks, parking areas and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance common areas of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant Site. 4.2 Lessee shall not do exhibit, inscribe, paint or permit anything affix any sign, advertisement, notice or other lettering (hereinafter referred to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (ias "signs") jeopardize the structural integrity of the Building or (ii) cause damage to on any part of the PremisesSite, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation exterior of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or in the windows, without the express prior written consent of Lessor, which consent will not be unreasonably withheld. Lessor shall have, at any time and from time to time, the right to establish rules and regulations setting forth uniform characteristics for all signs on the Building and Site, and Lessor's refusal to consent to any sign not meeting such characteristics shall not be deemed to be unreasonable. In the event of the violation of the foregoing, Lessor may remove same without any liability, and may charge the expense incurred by such removal to Lessee. Subject to applicable laws, ordinances and regulations, Lessee may, however, place a sign on the front door of Leased Premises which sign shall be installed by Lessor at the expense of Lessee, and shall be (i) for identification purposes only; (ii) uniform with all other such signs on Building; and (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment a size, color and style acceptable to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyLessor.

Appears in 1 contract

Sources: Asset Purchase Agreement (Comps Com Inc)

Use. Tenant (a.) The Premises shall be entitled to use the Premises solely used for office/research general office purposes and development, sales, marketing and other related uses and (or no other use whatsoeverwithout the prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. Tenant shall continuously and without interruption use not do or permit to be done in or about the Premises for such purpose for Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the entire Lease Term. Any discontinuance standard form of such use for fire insurance policy, or would in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a period cancellation of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under any insurance policy covering the terms Building or any part thereof or any of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoevercontents. Tenant shall not do or permit anything to be done in or about the Premises, Premises which would in any way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them, or use or allow the Common Areas Premises to be used for any improper, immoral, unlawful or the Property which does objectionable purposes, nor shall Tenant cause, maintain or could (i) jeopardize the structural integrity of the Building permit any nuisance or (ii) cause damage to any part of waste in, on or about the Premises, the Building, the Common Areas or the Property. . (b.) Tenant shall not operate cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any equipment within the Premises which does Hazardous Materials (as defined below), in, on, or could (i) injure, vibrate or shake about the Premises or the BuildingBuilding by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (iicollectively with Tenant, "Tenant Parties"), except that Tenant shall be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) damagecustomarily used in the conduct of general business office activities ("Common Office Chemicals"), overload or impair providing that the efficient operation Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any electrical, plumbing, heating, ventilating or air conditioning system within or servicing usage of Common Office Chemicals in a manner that may cause the Premises or the BuildingBuilding to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Paragraph shall survive the expiration or other termination of this Lease. For purposes of this Paragraph, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place "Hazardous Materials" means any explosive, flammable radioactive materials, hazardous wastes, or harmful fluids hazardous substances, including without limitation, asbestos containing materials, PCB's, CFC's, or other waste substances defined or regulated as hazardous substances or hazardous materials in the drainage systems Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the PremisesHazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the BuildingResource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the Common Areas storage, use, generation, release or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas disapproval of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyHazardous Materials.

Appears in 1 contract

Sources: Office Lease (Redenvelope Inc)

Use. (a) Tenant shall use and occupy the Premises only for the use set forth in Article 1.G. of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be entitled to used or occupied for any other purpose without the prior written consent of Landlord, which Landlord consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises solely in such a manner so as not to unreasonably interfere with or infringe upon the rights of any other tenants in the Project. Except for office/research items which are Landlord’s responsibility hereunder, Tenant shall, at its sole cost and developmentexpense, salespromptly comply with all covenants, marketing conditions and restrictions, laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises, excluding changes to the Premises or its systems not related to Tenant’s particular use of the Premises (for other related uses than normal and customary general office operations), and (ii) improvements installed or no constructed in the Premises by or for the benefit of Tenant. Notwithstanding the foregoing, Tenant shall not be responsible for the cost of complying with any existing covenants, conditions and restrictions, laws, statutes, ordinances or governmental regulations or requirements relating to or affecting any portion of the Project other use whatsoeverthan the Premises required as a result of such initial tenant improvements installed or constructed in the Premises by or for the benefit of Tenant (e.g., modifications to the Project parking facilities). Except as otherwise provided in Article 14(e) below, Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters. (b) Tenant agrees not to keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and, except for trash removal which is the Landlord’s responsibility under Article 11 (unless Tenant elects otherwise pursuant to Article 9 below), agrees to regularly and frequently remove same from the Premises in accordance with commercially reasonable standards. Except for trash removal which is the Landlord’s responsibility under Article 11 (unless Tenant elects otherwise), Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall continuously keep the sewage disposal system free of all obstructions and without interruption use in good operating condition. If the volume of Tenant’s trash becomes excessive in Landlord’s reasonable judgment, when compared to similar companies and similar business operations, Landlord shall have the right to charge Tenant for additional trash disposal services and/or require that Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises not less frequently than once every thirty (30) days for the purpose of eliminating infestation by and controlling the presence of insects, rodents and vermin and shall promptly cause any corrective or extermination work recommended by such service to be performed. Such work shall be performed pursuant to a written contract, a copy of which shall be delivered to Landlord by Tenant upon request. Tenant shall prevent odors from the Premises from permeating the Project and shall prevent any noises on the Premises which will unreasonably interfere or cause annoyance to any of the occupants of the Project. (c) In the event Tenant ceases operations at the Premises for a period in excess of thirty (30) consecutive days at any time during the last nine (9) months of the Lease Term, and such purpose for cessation is not due to an event of Force Majeure, a subletting of all or a portion of the Premises to which Landlord has consented in writing or has deemed to have consented (with respect to which sublet area Landlord shall not have recapture rights), or any other reason to which Landlord has consented in writing, Landlord shall have the option, by giving thirty (30) days prior written notice to Tenant, to terminate this Lease with respect to the entire Lease Term. Any discontinuance Premises (other than the portion of such use for a period of sixty consecutive calendar days shall bethe Premises being subleased); provided, at Landlord's electionhowever, a default by Tenant under that notwithstanding the terms of this Lease. foregoing, Tenant shall have the right to use the Common Areas in conjunction with vitiate Landlord’s election by delivering written notice to Landlord of its Permitted Use of intent to recommence operations at the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could doing so within such thirty (i30) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyday period.

Appears in 1 contract

Sources: Standard Office Lease (Capitalsource Inc)

Use. The Leased Premises are leased to Tenant shall be entitled to use the Premises solely for office/research the Permitted Use set forth in Article 1 above and development, sales, marketing and other related uses and (or for no other use purpose whatsoever. Tenant shall continuously and without interruption not use or occupy or permit the Leased Premises for such purpose for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the entire Lease Term. Any discontinuance Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of such use for or affect any casualty or other insurance on the Building or the Property, or any of their respective contents, or make void or voidable or cause a period cancellation of sixty consecutive calendar days shall beany insurance policy covering the Building or the Property, at Landlord's election, a default by Tenant under the terms or any part thereof or any of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoevertheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building, the Common Areas or Building and/or the Property which does will in any way obstruct or could (i) jeopardize interfere with the structural integrity rights of other tenants or occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate use or allow the Leased Premises to be used for any equipment within the Premises which does improper, immoral, unlawful or could (i) injureobjectionable purpose, vibrate nor shall Tenant cause, maintain or shake the Premises or the Buildingpermit any nuisance in, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of about the exterior walls or roof of Leased Premises, the BuildingBuilding and/or the Property. In addition, Tenant shall not affix commit or suffer to be committed any equipment to waste in or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Leased Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of Building and/or the Property. Tenant shall not use any of the Common Areas for Leased Premises, the storage of its materialsBuilding and/or the Property, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit anything to be committed any waste done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building. Notwithstanding the foregoing, Tenant shall be allowed to operate (a) kitchen and eating facilities solely for the use of Tenant's employees and its business invitees, and so long as such facilities do not cause fire hazards or obnoxious odors or in any way unreasonably disturb other tenants of the Building, and so long as the Common Areas or construction and use of the Propertysame otherwise comply with all provisions of this Lease (b) computer and telecommunications facilities as ancillary to its other operations on the Leased Premises, (c) data processing and transmission, including roof top satellite communications pursuant to Article 7.7, accounting facilities, conference and meeting facilities and copying facilities, all as ancillary to its other operations on the Leased Premises. In addition, Tenant may have vending machines on the Leased Premises, provided that such vending machines shall be for the sole use and enjoyment of Tenant and its employees and business invitees.

Appears in 1 contract

Sources: Lease Agreement (Suntek Corp)

Use. Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such general office purposes and purposes incident thereto, and shall not use or permit the Premises to be used for any other purpose for without the entire Lease Term. Any discontinuance prior written consent of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have not use or occupy the right to Premises in violation of law or of the certificate of occupancy issued for the Building of which the Premises are a part, and shall, upon five (5) days written notice from Landlord, discontinue any use the Common Areas in conjunction with its Permitted Use of the Premises solely 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 direction of any governmental authority having jurisdiction, which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use of occupation thereof. Tenant shall 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/or property located therein an 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 notice reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant's failure to comply with the purposes for which they were designed and intended aid for no other purposes whatsoeverprovisions of this Paragraph 8. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does will unreasonably obstruct or could (i) injure, vibrate interfere with the rights of other tenants or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation occupants of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage injure or impair the efficient operation of the sprinkler system (if any) within annoy them, or servicing use or allow the Premises to be used for any improper, immoral, unlawful purpose, nor shall Tenant cause, maintain or the Building. Tenant shall nor install permit any equipment or antennas nuisance in, on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within about the Premises. Tenant shall not commit nor permit or suffer to be committed any waste in or about upon the Premises and shall keep the Premises in good repair and appearance. Notwithstanding the foregoing, Tenant shall have no responsibility for repairing or maintaining: a. Any items warranted by Landlord, b. Structural portions of the Premises and the Building, including the roof, exterior walls and foundation, and, c. The electrical, plumbing and HVAC systems within the Premises. As part of its use of the Premises, Tenant shall have the Buildingright to assemble and repair equipment at the Premises incidental to its business, provided that such activity does not constitute a major use of the Common Areas or the PropertyPremises.

Appears in 1 contract

Sources: Full Service Office Lease (Norpac Technologies, Inc.)

Use. (a) Tenant shall be entitled to may use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Leased Premises for such any lawful purpose for other any use that will (i) have a material adverse effect on the entire Lease Term. Any discontinuance value of such use for a period the Leased Premises, (ii) materially increase the likelihood that Tenant, Landlord or Lender would incur liability under any provisions of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms Act referred to in Section 26 of this Lease, or (iii) result or give rise to any material environmental deterioration or degradation of the Leased Premises. In no event shall the Leased Premises be used (x) for any purpose which shall violate any of the provisions of any recorded covenants, restrictions or agreements applicable to the Leased Premises, (y) for any purpose which will involve the storage or disposition of hazardous medical waste or (z) as a so-called "adult book store" or "adult video store". Tenant agrees that with respect to any such recorded covenants, restrictions or agreements, Tenant shall have observe, perform and comply with and carry out the right provisions thereof required therein to use the Common Areas in conjunction with its Permitted Use be observed and performed by Landlord. (b) Subject to Tenant's rights of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. contest under Section 8 hereof, Tenant shall not permit any unlawful occupation, business or trade to be conducted on any of the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Subject to Tenant's rights of contest under Section 8 hereof, Tenant shall not use, occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on any of the Leased Premises, the Building, the Common Areas or the Property in a manner which does or could would (i) jeopardize the structural integrity violate any certificate of occupancy or equivalent certificate affecting any of the Building or (ii) cause damage to any part of the Leased Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damagemake void or voidable any insurance which Tenant is required hereunder to maintain then in force with respect to any of the Leased Premises, overload (iii) affect in any manner the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, (iv) cause any injury or impair damage to any of the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the BuildingImprovements unless pursuant to Alterations permitted under Section 12 hereof, or (iiiv) damage constitute a public or impair the efficient operation private nuisance or waste. (c) Subject to all of the sprinkler system (if any) within provisions of this Lease and the Mortgage, so long as no Event of Default shall have occurred and be continuing, Landlord covenants that neither it nor any party claiming by, through or servicing under it, shall do any act to disturb the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations peaceful and quiet occupation and enjoyment of the exterior walls or roof of the BuildingLeased Premises by Tenant. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads Landlord may enter upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use and examine any of the Common Areas for Leased Premises at reasonable times after reasonable notice and during business hours and exercise any rights and privileges granted to Landlord under the storage provisions of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertythis Lease.

Appears in 1 contract

Sources: Lease Agreement (One Price Clothing Stores Inc)

Use. Tenant The Premises shall be entitled to use the Premises solely used and occupied for office/general business office and for research and development, sales, marketing development and other related uses and (or for no other use whatsoeveror purpose (the “Permitted Use”) without Landlord’s prior consent, such consent not to be unreasonably withheld, conditioned or denied. Tenant shall continuously comply with all present and without interruption future Laws relating to Tenant’s use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the purposes for which they were designed “Building Rules” (as defined in Section 27—Rules and intended aid for no other purposes whatsoeverRegulations). Tenant shall not do do, bring, keep or permit sell anything to be done in or about the Premises that is prohibited by, or that will cause a cancellation of any insurance policy covering the Premises or any part thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause an increase in the existing premium for, any insurance policy covering the Premises or any part thereof unless Tenant agrees to pay for such increase. Tenant shall, at Tenant’s sole cost and expense, comply with all requirements of Landlord’s insurance carriers that relate to Tenant’s use of the Premises. Tenant shall, at Tenant’s sole cost and expense, comply with all requirements of Landlord’s insurance carriers that relate to the Premises. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the BuildingPremises shall not be used for educational activities (other than training of Tenant’s employees and customers), practice of medicine or any of the Common Areas healing arts, providing social services, for any governmental use (including embassy or consulate use). Tenant shall not, without the Property which does or could prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors or the roof structure of the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) cause damage connect to any part the utility systems of the PremisesBuilding any apparatus, machinery or other equipment other than typical equipment which can be accommodated by the then-existing utility systems of the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, ; or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing connect to any electrical circuit in the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations other load with aggregate electrical power requirements in excess of 80% of the exterior walls or roof rated capacity of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertycircuit.

Appears in 1 contract

Sources: Lease Agreement (Infinera Corp)

Use. A. The Leased Premises shall be used for cultivating marijuana for medical and recreational use and for related general office and warehouse purposes. Tenant represents and warrants the following: (i) that Tenant's purpose in cultivating or possessing marijuana is to produce plants and usable marijuana for persons authorized to grow marijuana as authorized by Sections 14 and 16, Article XVIII of the constitution of the State of Colorado ("Sections 14 and 16") ; (ii) that no marijuana shall be used in or near the Property in plain view of (or in a place open to) the general public or in any way that endangers the health or well-being of any person; and (iii) that Tenant will not violate any state law regarding growth or distribution of marijuana in the course of Tenant's business. In the event that Tenant's cultivation and distribution of marijuana at any time becomes impermissible under Sections 14 and 16, Tenant shall be entitled to use so notify Landlord and shall immediately and properly dispose of all cannabis plants and products on the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoeverin any manner permitted by law. Tenant shall continuously and without interruption provide to Landlord upon request copies of any public licenses relating to Tenant's use of the Premises for such purpose for Leased Premises. Landlord shall have the entire right to terminate this Lease Termimmediately upon written notice to Tenant in the event that Tenant breaches any of the warranties or covenants contained in this paragraph. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Either Landlord or Tenant shall have the right to terminate this Lease without any further obligations under the Lease, upon no more than thirty (30) days' written notice to the other party in the event that Tenant's use the Common Areas in conjunction with its Permitted Use of the Premises solely for becomes illegal due to any revocation or modification of Sections 14 and 16 or any other applicable State law, any municipal ordinance governing the purposes for which they Leased Premises, or if either party is notified by federal authorities, that Tenant may not conduct its business in a legal manner. B. Tenant acknowledges that the Leased Premises were not designed and intended aid have not been modified for no other purposes whatsoevercultivation of living plants. Tenant shall not do be solely responsible for any routine maintenance, alterations or permit anything repairs to the Leased Premises or the building in which the Leased Premises are located which may be done in necessary due to conditions associated with Tenant's use of the Leased Premises (including without limitation additional ventilation, treatment to control and eliminate mold, and correction of any moisture-related conditions). Prior to Tenant taking possession, Landlord shall cause its qualified environmental contractor to conduct a baseline review and analysis of any mold currently existing on or about the PremisesProperty and/or Leased Premises and in no event shall Tenant be required to remediate such existing mold conditions. Landlord should remediate and/or correct any mold condition found and the cause thereof. However, the Building, the Common Areas or the Property which does or could Tenant at its expense shall (i) jeopardize cause the structural integrity existing ventilation system of the Building Leased Premises to be modified by a licensed and qualified contractor to control moisture condensation prior to obtaining a Certificate of Occupancy or Temporary Certificate of Occupancy, and (ii) cause provide to Landlord annually a written report from a qualified environmental contractor regarding management of mold and water damage to any part in the Leased Premises. Upon review of the Premisesabove referenced annual written report from such qualified environmental contractor, the BuildingLandlord, at the Common Areas Landlord's sole discretion, may have the right to require Tenant to remediate any mold issues or concerns, at Tenant's sole expense, in an amount not to exceed $500,000 aggregate. In addition, Tenant also hereby agrees to remediate, at the Property. Tenant's sole expense, in an amount not to exceed $500,000 aggregate, any mold concerns or issues should they develop and Tenant shall not operate become aware of such mold concerns or issues at any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. point between such annual mold inspections. C. Tenant shall not use any of the Common Areas Leased Premises for the storage purposes of its storing, manufacturing or selling any explosives, flammables or other inherently dangerous substances or chemicals, or any other hazardous materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. . D. Tenant shall not commit nor permit provide Landlord within five (5) business days of receipt by Tenant the following items: i. City and County of Denver Certificate of Occupancy - once all improvements are completed and the following are met: 1. Building Permit 2. Code Analysis 3. Change of Occupancy - administrative modification use changed to be committed any waste in or about the Premises, the Building, the Common Areas or the Property."plant husbandry" 4. Zoning Permit 5. Construction Drawings for all improvements * Mechanical Drawings * Electrical Drawings * Plumbing Drawings 6. Sewer Use and Drainage Permit 7. Waste Water Permit 8. Use Permit

Appears in 1 contract

Sources: Commercial Lease Agreement (4th Grade Films Inc)

Use. To use and occupy the Premises for the Permitted Uses only, and not to injure or deface the Premises, Building, the Additional Building, the Site or any other part of the Complex nor to permit in the Premises or on the Site any auction sale, more than four (4) vending machines, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor to permit in the Premises anything which would in any way result in the leakage of fluid or the growth of mold, nor to use or devote the Premises or any part thereof for any purpose other than the Permitted Uses, nor any use thereof which is inconsistent with the maintenance of the Building as an office 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 Building or its contents or liable to render necessary any alteration or addition to the Building. Without limiting the generality of the foregoing, Tenant agrees that it shall be entitled to not use the Premises solely or any part thereof, or permit the Premises or any part thereof to be used for office/research the preparation or dispensing of food, except that Tenant may, with Landlord’s prior written consent (including approval of plans for any such equipment that has a water connection), which consent shall not be unreasonably withheld, install at its own cost and developmentexpense so-called hot-cold water fountains, salescoffee makers, marketing microwave ovens, refrigerators and other related uses commonly used kitchen or pantry equipment (excluding, however, stovetops, hot plates, ovens or toaster ovens; however, toaster ovens with an auto-shutoff feature shall be permitted) for the preparation of beverages and foods, provided that no cooking, frying, etc., are carried on in the Premises to such extent as requires special exhaust venting. Landlord hereby agrees that any equipment shown on Tenant’s final approved plans and equivalent equipment in substitution of such equipment shall not, if installed in accordance with such plans and maintained in good operating order, be deemed to violate the provisions of this Section 5.3. Further, (or no other use whatsoever. i) Tenant shall continuously not, nor shall Tenant permit its employees, invitees, agents, independent contractors, contractors, assignees or subtenants to, keep, maintain, store or dispose of (into the sewage or waste disposal system or otherwise) or engage in any activity which might produce or generate any substance which is or may hereafter be classified as a hazardous material, waste or substance (collectively “Hazardous Materials”), under federal, state or local laws, rules and regulations, including, without interruption use limitation, 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. and Massachusetts General Laws, Chapter 21E and the Premises for rules and regulations promulgated under any of the foregoing, as such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall belaws, at Landlord's electionrules and regulations may be amended from time to time (collectively “Hazardous Materials Laws”), a default by Tenant under the terms of this Lease. (ii) Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use immediately notify Landlord of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in any incident in, on or about the Premises, the Building, the Common Areas Building or the Property Site of which does or could (i) jeopardize it has knowledge that would require the structural integrity filing of the Building or (ii) cause damage to a notice under any part of the PremisesHazardous Materials Laws, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation Tenant shall comply and shall cause its employees, invitees, agents, independent contractors, contractors, assignees and subtenants to comply with each of the sprinkler system foregoing and (iv) Landlord shall have the right, at Landlord’s cost (except if anya violation is found), to make such inspections (including testing) within or servicing as Landlord shall elect from time to time to determine that Tenant is complying with the foregoing. Notwithstanding anything contained in this Lease to the contrary, Tenant shall have no obligation to remove any Hazardous Materials existing in the Premises or prior to the Building. Tenant Delivery Date, and Landlord shall nor install any equipment or antennas on or make any penetrations be solely responsible for the costs of removal of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts same in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyaccordance with applicable law.

Appears in 1 contract

Sources: Lease Agreement (Dynatrace Holdings LLC)

Use. Tenant shall continuously occupy and use the Premises only for the Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in 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 Laws. Notwithstanding anything in this Lease to the contrary but subject to the provisions of Section 9(b) below, as between Landlord and Tenant: (i) from and after the Delivery Date, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (ii) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall store all trash and garbage within the Premises or in a trash dumpster or similar container approved by Landlord as to type, location and screening; and Tenant shall arrange for the regular pick-up of such trash and garbage at Tenant’s expense (unless Landlord finds it necessary to furnish such a service, in which event Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use charged an equitable portion of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity total of the Building or (ii) cause damage charges to any part all tenants using the service). Receiving and delivery of goods and merchandise and removal of garbage and trash shall be made only in the Premises, the Building, the Common Areas or the Propertymanner and areas prescribed by Landlord. Tenant shall not operate an incinerator or burn trash or garbage within the Project or Complex, as applicable. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment within the Premises which does in or could (i) injure, vibrate or shake about the Premises or the Building, (ii) damage, overload which will invalidate the insurance coverage in effect or impair increase the efficient operation rate of any electrical, plumbing, heating, ventilating fire insurance or air conditioning system within or servicing other insurance on the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Use. Tenant shall have the right, at its sole expense, to install, construct, maintain, modify and repair (and, with Landlord's prior written approval, which shall not be entitled to use the Premises solely for office/research unreasonably withheld) supplement, replace and development, sales, marketing upgrade radio and other related uses communications transmitting and receiving antennas, supporting mounts and cables, equipment, storage structures and other improvements relating thereto (or no other use whatsoevercollectively the "Equipment") on the Site. Tenant shall continuously provide Landlord a description of the external antennas and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leasetheir mounting brackets included. Tenant shall have the right to use use, as reasonably determined by Landlord and Tenant, the Building conduit and sleeving connecting such locations and servicing the equipment as currently existing within, provided, however, that Tenant shall connect its Equipment to those adequate sources of electricity and telephone which are located closest to Tenant's site (with the consent and coordination of the appropriate telecommunications provider) unless Landlord has given, its written approval of Tenant connecting to alternative sources. The aforementioned uses and equipment are hereafter referred to as "Permitted Uses". Except as specifically approved by Landlord in writing (which approval shall not be unreasonably withheld or delayed), antennas and other Equipment must not extend above Building roof parapet walls or be visible from the Common Areas in conjunction with its Permitted Use of and shall be located on the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant All exterior antennas and other external Equipment shall be painted so as to reasonably match the appearance of the surfaces on which they are mounted. Any changes in number, type, or location of antennas or other Equipment shall require Landlord's prior written approval, which shall not affix any equipment be unreasonably withheld. Tenant may install at its sole cost and expense a chain link non-electrified security fence around the Site so long as it provides Landlord with a duplicate key to or make any penetrations or cuts the fence. All Equipment and all work performed with respect thereto shall be in the floor, ceiling, walls or roof of the Premises' compliance with all Laws at Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural componentssole cost and expense. Tenant shall not place be solely responsible, at its expense, for securing any explosiveand all building permits and approvals, flammable zoning changes or harmful fluids approvals, variances, use permits and other governmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, "Permits,") prior to any construction or other waste materials work on the Site. Landlord agrees to reasonably cooperate with Tenant in obtaining the drainage systems Permits, provided Landlord is not obligated to expend any funds, bring any legal actions in furtherance of the Premisessame, the Building, the Common Areas or the Propertyhave any liability or cost associated therewith. Tenant shall not drain or discharge agrees to reimburse Landlord, on demand, its reasonable attorney's fees to review any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit documentation requested to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.executed or

Appears in 1 contract

Sources: Office Lease (Mackenzie Investment Management Inc)

Use. The Tenant shall be entitled to use and occupy the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Demised Premises for such purpose for the entire Lease Term. Any discontinuance general offices, storage, service and sale of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed electronic beepers and intended aid for no other purposes whatsoeverpurpose. Such permitted uses are further subject that they shall be consistent with the Certificate of occupancy to be issued by the Borough of Totowa. Such permitted uses shall not permit or cause any odor, sound, vibration, effluent, pollution or other condition that is either in Landlord's opinion or by law, noxious or offensive. It being a consideration of this Lease that the use of the premises shall be limited to those uses as otherwise hereinbefore specified and Tenant may not use the premises for manufacturing or for retail sales. The Tenant shall not 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 shall Tenant permit 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 about on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, the Buildingor make void or voidable any insurance then in force with respect thereto, the Common Areas or the Property which does will make it impossible to obtain fire, casualty or could (i) jeopardize the other insurance at regular rates, or which will cause or be likely to cause structural integrity of damage to the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Buildingthereof, or (iii) damage which will constitute a public or impair private nuisance, or which would adversely affect the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floorthen value thereof, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant 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. At no time during this Lease may Tenant store upon the premises hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or by the Federal Environmental Protection Agency pursuant to Section 311 of the Common Areas for "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the storage list of its materialstoxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. Landlord consents, suppliessubject to Tenant complying with applicable laws, inventory or equipment and all such materialsto Tenant's use of the premises on a 7 day a week basis, supplies24 hours per day. The Lease is subject to Landlord obtaining a Certificate of Occupancy, inventory or equipment shall at all times be stored within the Premises. Tenant which Certificate of Occupancy shall not commit nor permit make an exception as to any federal, state or local law, ordinance or regulation including, and not limited to, the Americans With Disabilities Act (42 U.S.C. Section 12101 ET SEQ.) In the event, subsequent to the Commencement date of the Lease, the zoning ordinance of the Borough of Totowa prohibits the use of the Premises for repairs of pagers, and by reason thereof Tenant is prohibited from continuing to use the Premises for that use, and such revocation of such use is not due to any fault of the Tenant, then, in such event, the Tenant may terminate this Lease by thirty (30) days prior written notice to Landlord, the termination to be committed any waste in or about no later than the Premises, thirtieth (30) day from the Building, the Common Areas or the Propertydate of such notice by Tenant to Landlord.

Appears in 1 contract

Sources: Sublease Agreement (Glasgal Communications Inc)

Use. (a) Tenant shall be entitled to not use or occupy the Premises solely for office/research and development, sales, marketing and any purpose other related uses and (or no other use whatsoeverthan general office purposes without Landlord's prior written consent. Tenant shall continuously and without interruption maintain, at all times, an average density no greater than one (1) person for each two hundred (200) rentable square feet of the Premises. (b) Tenant shall: (i) Not use or permit upon the Premises for such purpose for anything that would invalidate any policies of insurance now or hereafter carried on the entire Lease Term. Any discontinuance Premises or that will increase the rate of such insurance on the Premises or the Building; (ii) Pay all additional insurance premiums which may be caused by any use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. which Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use make of the Premises solely for other than the purposes for which they were designed permitted use described in 4(a) above; (iii) Not in any manner deface or injure the Premises other than ordinary wear and intended aid for no other purposes whatsoever. Tenant shall not tear [ILLEGIBLE] ----------- INITIALS and damage caused by a casualty or overload any floor of the Premises; (iv) Not do anything or permit anything to be done upon the Premises in any way creating a nuisance, or about unreasonably disturbing any other lessee in the Premises, Building or injuring the reputation of the Building, including, without limitation, the Common Areas playing of music audible outside the Premises and the placement of signs in or displayed through any window or door; (v) Intentionally omitted; (vi) Not use the Property which does Premises for lodging or could sleeping purposes; (ivii) jeopardize the structural integrity of the Building Not commit or (ii) cause damage suffer to be committed any part of waste upon the Premises, ; (viii) Not violate any recorded restriction or covenant affecting the Building, nor use the Common Areas Premises for any purpose which would be in violation of any exclusive rights or use granted to other tenants in the PropertyBuilding. Tenant Landlord shall not operate any equipment within grant exclusive rights which would prohibit Tenant from using the Premises which does for the purposes stated in Article 4(a) above. (c) Tenant, at Tenant's expense, shall comply with all present and future federal, state and local laws, ordinances, orders, rules and regulations (collectively, "LAWS"), and shall procure all permits, certificates, licenses and other authorizations required by applicable Law relating to Tenant's business or could (i) injure, vibrate Tenant's use or shake occupancy of the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas Tenant's activities on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall make all reports and filings required by applicable Laws. Tenant shall defend, indemnify and hold harmless Landlord and Landlord's present and future officers, directors, employees, partners and agents from and against all claims, demands, liabilities, fines, penalties, losses, costs and expenses, including but not commit nor permit limited to be committed costs of compliance, remedial costs, and reasonable attorneys' fees, arising out of or relating to any waste in failure to Tenant to comply with applicable Laws. Without limiting the foregoing, Tenant shall comply with all applicable Laws relating to environmental matters, and shall defend, indemnify and hold harmless Landlord and Landlord's present and future officers, directors, employees, partners and agents from and against all claims, demands, liabilities, fines, penalties, losses, costs and expenses, including but not limited to costs of compliance, remedial costs, clean-up costs and reasonable attorneys' fees, arising from or about related to the Premisesmanufacture, the Buildingprocessing, the Common Areas distribution, use, treatment, storage, disposal, transport or handling, or the Propertyemission, discharge, release or threatened release into the environment, of any pollutant, contaminant or hazardous or toxic material, substance or matter from, on or at the Premises or the Building as a result of any act or omission on the part of Tenant. Tenant's indemnification obligations shall survive the expiration or termination of this Lease. Landlord, at Landlord's expense, shall comply with all present and future federal, state and local laws, ordinances, orders, rules and regulations (collectively, "LAWS") applicable to this Lease, and shall procure all permits, certificates, licenses an other authorizations required by applicable Laws relating to Landlord's business. Landlord shall make all reports and filings required by applicable all Laws. Landlord shall defend, indemnify and hold harmless Tenant and Tenant's present and future officers, directors, employees, partners and agents for, from and against all claims, demands, liabilities, fines, penalties, losses, costs and expenses, including but not limited to costs of compliance, remedial costs, and reasonable attorneys' fees, arising out of or relating to any failure of Landlord to comply with applicable Laws. Without limiting the foregoing, Landlord shall comply with all Laws relating to Hazardous Materials and shall defend, indemnify and hold harmless Tenant and Tenant's present and future officers, directors, employees, partners and agents for, from and against all claims, demands, liabilities, fines, penalties, losses, costs and expenses, including but not limited to costs of compliance, remedial costs, clean-up costs and reasonable attorneys' fees, arising from or related to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling, or the emission, discharge, release or threatened release into the environment, of any Hazardous Materials from, on or at the Premises or the Building as a result of any act or omission on the part of Landlord. Landlord's indemnification obligations shall survive the expiration or termination of this Lease.

Appears in 1 contract

Sources: Office Lease (Mesa Air Group Inc)

Use. Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose only for the entire purposes stated in Item 3 of the Basic Lease TermProvisions. Any discontinuance of such The parties agree that any contrary use for a period of sixty consecutive calendar days shall bebe deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, at Landlord's electionwithout limitation, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely or a portion thereof for (i) offices of any agency or bureau of the purposes United States or any state or political subdivision thereof, except for those agencies or bureaus whose use is reasonably acceptable to Landlord; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which they were designed and intended aid for no other purposes whatsoeverare not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the PremisesPremises which will in any way unreasonably, as determined by Landlord, interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which Landlord has notified Tenant will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Common Areas Project and/or their contents, and shall comply with all applicable insurance underwriters rules of which it is provided actual notice. Except to the extent such costs and expenses are properly included in Project Costs, Landlord shall comply with all laws relating to the Base Building (hereinafter defined), provided that compliance with such laws are not the responsibility of Tenant under this Lease, and provided further that Landlord’s failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy (or its legal equivalent) for the Property which does Premises, or could (i) jeopardize would unreasonably and materially affect the safety of Tenant’s employees or create a significant health hazard for Tenant’s employees, or a significant liability for Tenant. Landlord shall have the right to contest any such violations in good faith. For purposes herein, "Base Building" shall include the structural integrity portions of the Building and the Project, the public restrooms and Common Areas and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or (ii) cause damage floors on which the Premises are located. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to any part Tenant or its use of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of including without limitation all federal and state occupational health and safety and handicap access requirements for the Premises, the Building, the Common Areas whether or the Property. Tenant shall not drain Tenant’s compliance will necessitate expenditures or discharge any fluids in the landscaped areas or across the paved areas interfere with its use and enjoyment of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to be committed any waste proscribe the use by Tenant of customary office supplies in normal quantities or about of computer, electronic or associated equipment consistent with the permitted use of the Premises, so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) and when accompanied by a representative of Tenant (to the extent Tenant makes a representative available), to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees (except to the extent any such parties are affiliated with Landlord or under Landlord’s control). The foregoing covenants shall survive the expiration or earlier termination of this Lease. As of the date hereof, Landlord has not received notice from any governmental agencies that the Building is in violation of Title III of the Americans with Disabilities Act or any other laws affecting the construction or occupancy of the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Office Lease Agreement (BofI Holding, Inc.)

Use. Tenant shall The Premises are to be entitled to used only for general office --- purposes, including but not limited to, use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use portion of the Premises solely for first floor of the purposes for which they were designed Building, to the extent permitted by law or covenant, as a network and/or telecommunications operations center or related use and intended aid for no other purposes whatsoever. Tenant business or purpose without the prior written consent of Landlord which consent shall not do be unreasonably withheld or permit anything to delayed. No act shall be done in or about the Premises, Premises that is unlawful or that will increase the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity existing rate of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or insurance on the Building. In the event of a breach of this covenant, Tenant shall, after written notice, (a) immediately cease the performance of any unlawful act and (b) with respect to acts that will or has increased the existing rate of insurance, Tenant shall nor install either cease such act that is increasing or has increased the existing rate of insurance (and pay for any equipment such increases theretofor charged to Landlord) or antennas on or make shall pay to Landlord any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all increases in insurance premiums resulting from such materials, supplies, inventory or equipment shall at all times be stored within the Premisesbreach. Tenant shall not commit nor permit or allow to be committed any waste in or about upon the Premises, or any public or private nuisance or other act or thing which disturbs the quiet enjoyment of any other tenant in the Building. If any of Tenant's office machines or equipment disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Common Areas noise or disturbance at its sole cost and expense. Tenant shall not, without Landlord's prior consent which consent shall not be unreasonably withheld or delayed, install any equipment, machine, device, tank or vessel which is subject to any federal, state or local permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises and shall observe such reasonable and non-discriminatory rules and regulations as may be adopted and made available to Tenant by Landlord from time to time for the safety, care and cleanliness of the Premises or the PropertyBuilding and for the preservation of good order therein; provided, however, that such rules and -------- ------- regulations do not conflict with this Lease, materially increase Tenant's obligations or liability with respect to the Premises and to the extent such rules and regulations do conflict with the terms of this Lease, the terms of this Lease shall govern. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, Tenant agrees to --------- be wholly responsible at Tenant's sole cost and expense for any accommodations or alterations which need to be made to the Premises to comply with the provisions of the Americans With Disabilities Act of 1990, as amended (the "ADA"). Landlord will be responsible for compliance of the common areas of the --- Building as well as the Building shell (as described in Exhibit E) with the provisions of ADA.

Appears in 1 contract

Sources: Lease Agreement (Network Access Solutions Corp)

Use. Tenant shall be entitled to use the Premises solely only for office/research and development, sales, marketing and other related uses and the permitted use (or no other use whatsoeveras defined in paragraph 10 hereof). Tenant shall continuously and without interruption will not occupy or use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall bePremises, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or permit any portion of the Premises solely to be occupied or used for any business or purpose other than the purposes permitted use or for any use or purpose which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or about contents; and in the Premisesevent that, by reason of acts of Tenant, there shall be any increase in the rate of fire insurance on the Building or contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of the insurance on the Building or contents created by Tenant's acts or conduct of business then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increases on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invites in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building, the Common Areas or the Property carry on or permit any operation which does might omit offensive odors or could (i) jeopardize the structural integrity conditions into other portions of the Building or (ii) cause damage to use any part of the Premises, the Building, the Common Areas apparatus which might make undue noise or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or set up vibrations in the Building. Tenant shall nor will maintain the Premises in a clean, healthful and safe condition and will comply with all law, 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 will not, without the prior written consent of Landlord, paint, install lighting, window coverings or decoration, or install any equipment signs, window or antennas door lettering or advertising media of any type on or make about the Premises or any penetrations of the exterior walls or roof of the Buildingpart thereof. Tenant shall not affix any equipment Should Landlord agree in writing to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for foregoing items in the storage of its materials, supplies, inventory or equipment preceding sentence. Tenant will maintain such permitted items in good condition and all such materials, supplies, inventory or equipment shall repair at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertytimes.

Appears in 1 contract

Sources: Office Lease Agreement (Efficient Networks Inc)

Use. (a) Tenant shall be entitled to use the Premises solely for office/research will occupy and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose general office and for no other use. Tenant agrees not to use ▇▇▇ ▇▇emises for any immoral or unlawful purpose. Landlord agrees that, subject to Section 18 and to the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall beprior reasonable review and approval by Landlord and compliance with all applicable governmental requirements, at Landlord's electionincluding but not limited to the American with Disabilities Act, a default by Tenant under and any signing criteria in any covenants, conditions, and restrictions recorded prior to the terms date of this Lease, Tenant may erect and maintain on the Premises and the building and improvements any signs advertising Tenant's business, as Tenant may reasonably desire. (b) Tenant shall not commit any acts on the Premises, nor use the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring or hereinafter insuring the Premises or the improvements on the Premises. Except as otherwise provided in this Section 6(b), Tenant shall, at Tenant's sole cost and expense, comply with all requirements of Landlord's insurance carriers that are necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises; provided however that in the event such compliance would result in capital repairs or improvements to the Property, Landlord shall effect such compliance and Tenant shall pay to Landlord as additional rent each month a portion of the cost of such improvement equal to Tenant's Share of the cos▇ ▇▇ ▇uch repair or improvement amortized over the useful life of such repair or improvement. Notwithstanding the foregoing, in lieu of making modifications to the Premises or the Building to cause the Premises or the Building to comply with the requirements of any insurance carrier, Tenant shall have the right to use pay any increase in premium charged by Landlord's carrier on any ▇▇▇▇ ▇▇ other liability policy provided such right may be exercised only if permitted by the Common Areas in conjunction with its Permitted Use carrier without termination of such policy and further provided that such increase shall not absent the agreement of any other tenant(s) be prorated among the tenants of the Premises Building but shall be borne solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. by Tenant. (c) Tenant shall not do allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit anything to be done in any nuisance, either private or public, in, on or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant No sale by auction shall not operate any equipment within be permitted on the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Buildingwithout Landlord's prior written consent. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could might endanger the structural integrity of the Building or damage its floorsthe structure: nor place or spill, foundations nor suffer to be placed or supporting structural components. Tenant shall not place spilled, any explosive, flammable harmful substances or harmful fluids or other waste materials Hazardous Substances in the drainage systems system of the Building, nor on the Premises, the Building, the Common Areas or Building nor the Property; nor overload any electrical, mechanical, plumbing, sprinkler, or other systems. Tenant No waste materials or refuse shall not drain or discharge be permitted to remain upon any fluids in the landscaped areas or across the paved areas part of the Property. Tenant shall not use any Premises nor outside of the Common Areas Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the storage of its Building proper where designated by Landlord. No materials, supplies, inventory equipment, finished products or equipment and all such materialssemi-finished products, supplies, inventory raw materials or equipment articles of any nature shall at all times be stored within or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not place anything or allow anything to be placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit nor permit or suffer to be committed any waste in or about upon the Premises. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected (whether or not by Landlord) nor use of the Building by other occupants nor use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord to Tenant. Tenant shall comply with any covenant, condition or restriction affecting the Premises, which covenant, condition or restriction is of record as of the date of this Lease or as to covenants, conditions or restrictions not of record as of the date of this Lease, only such covenants, conditions or restrictions which do not materially and adversely affect the Tenant's occupancy or use of the Premises. The provisions of this Section are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the Premises. (d) Except as otherwise provided in Section 6(e), Tenant shall, at Tenant's sole cost, promptly comply with all laws, statutes, ordinances, rules, regulations, orders, recorded covenants and restrictions, and requirements of all municipal, state, and federal authorities now or later in force, including, but not limited to, all provisions of the Americans with Disabilities Act (the "ADA"), all seismic retrofitting and other earthquake protection measures being required by any governmental entity with regard to the Premises, any requirements of Title 24 of the California Code of Regulations, the requirements of any board of fire underwriters or other similar body now or in the future constituted, and the direction or occupancy certificate issued by public officers (collectively the "Legal Requirements"), insofar as they relate to the condition, use, or occupancy of the Premises, the construction of the Tenant Improvements (as hereinafter defined) and the construction of any future Alterations (as hereinafter defined), including but not limited to the correction or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents. Except in such circumstances where Tenant's compliance with Legal Requirements arises in connection with the correction or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents, if Tenant's compliance with Legal Requirements results in capital repairs or improvements to the Property, Landlord shall effect such compliance and Tenant shall pay to Landlord as additional rent each month a portion of the cost of such improvement equal to Tenant's Share of the cost of such repair or improvement amortized over the useful life of such repair or improvement. The judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant that Tenant has violated any L▇▇▇▇ ▇equirement in the condition, use, or occupancy of the Premises, will be conclusive of that fact as between Landlord and Tenant. (e) Except in such circumstances where Tenant's compliance with Legal Requirements arises in connection with the correction or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents, Landlord shall, at its sole cost and expense, be responsible for compliance with Legal Requirements to the extent that such compliance requires (i) physical modifications to the foundation, roof, roof membrane, parking lot, sidewalks, structural walls or other structural elements of the Building, (ii) physical modifications to tenant improvements existing in the Common Areas Prior Premises as of the date of this Lease, except as such modifications may relate to the nature or placement of Tenant's furnishings, fixtures or equipment, or (iii) physical modifications to the Propertybathrooms existing in the Additional Premises on the date of this Lease.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Use. (a) The Tenant shall be entitled to use the Premises Lands solely for office/research any purpose permitted by applicable Laws, including, without limitation, any applicable official plan and/or zoning by- laws, including, without limitation, the following purposes: (i) to renovate, expand, remodel and/or demolish any Buildings existing on the Lands as of the Commencement Date; (ii) to develop or redevelop the Lands including the construction of additional Buildings thereon, all in accordance with the provisions of this Lease and developmentapplicable Laws, salesand in particular to expand, marketing construct, use, operate, maintain and manage upon the Lands, the Buildings and related improvements and structures necessarily incidental to the use, operation and maintenance of the Buildings; (iii) The Tenant may apply for any amendment to any official plan, any rezoning, minor variance, plan of subdivision approval, site plan approval or other related uses and (or no other development approval as may reasonably be required by the Tenant in connection with any proposed use whatsoever. Tenant shall continuously and without interruption use of the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under Lands which is not inconsistent with the terms of this Lease. Tenant shall have , and the right to use the Common Areas Landlord shall, in conjunction with its Permitted Use capacity as owner of the Premises solely Lands, upon written request, execute any direction, authorization or application reasonably required by the Tenant in that regard. The Landlord, acknowledging that the City of Thorold may require as a condition of the issuance of a building permit or other Permits for Buildings on the purposes for which they were designed and intended aid for no Lands that the Landlord enter into a development agreement, subdivision agreement, site plan control agreement or other purposes whatsoever. Tenant shall not do agreements collateral thereto pursuant to the provisions of the Planning Act (Ontario), hereby agrees to execute on request any such development agreement, subdivision agreement, site plan control agreement or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could other agreements collateral thereto provided that: (i) jeopardize such agreements require the structural integrity of the Building or Buildings to be constructed in accordance with all applicable Laws and (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate indemnify and save the Landlord harmless from any equipment within and all liability whatsoever arising out of or in connection, directly or indirectly, with the Premises which does Landlord’s covenants, agreements and obligations under any such development agreement, subdivision agreement, site plan control agreement or could (i) injure, vibrate or shake other agreements collateral thereto. The Tenant agrees to be fully responsible for and to pay all costs reasonably incurred by the Premises or Landlord with respect to the Building, (ii) damage, overload or impair the efficient operation review and execution of any electricalsuch agreements, plumbing, heating, ventilating or air conditioning system within or servicing including the Premises or the Building, or Landlord’s legal and other professional fees. (iiib) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant The Lands shall not affix any equipment to or make any penetrations or cuts be occupied otherwise than in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertya lawful manner.

Appears in 1 contract

Sources: Ground Lease

Use. Tenant shall be entitled to may use the Premises solely only for office/research the Permitted Use and developmentshall comply with all Laws relating to this Lease and/or the use, salescondition, marketing access to. and other related uses occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Landlord shall deliver the Premises to Tenant in compliance with all applicable laws, and thereafter Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (or no b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Complex, other than compliance that is necessitated by the use whatsoever. Tenant shall continuously and without interruption use of the Premises for such purpose other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Except for the entire Lease TermPermitted Use. Any discontinuance the Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards. or results in an increased rate of such use insurance on the Building or its contents, or for a period the storage of sixty consecutive calendar days shall be, at any Hazardous Materials (except as provided in Section 27 hereto). Outside storage is prohibited without Landlord's electionprior written consent: provided that Tenant may store trucks, a default by Tenant under other vehicles and trailers in the terms of this Lease. Tenant shall have parking areas located to the right to use the Common Areas in conjunction with its Permitted Use rear of the Premises solely for Building in the purposes for which they were designed and intended aid for no other purposes whatsoever. area depicted on Exhibit A. If, because of a Tenant shall not do Party’s acts or permit anything to be done in or about because Tenant vacates the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity rate of insurance on the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertyits contents increases. Tenant shall pay to Landlord the amount of such increase within thirty (30) days of demand by Landlord, and acceptance of such payment shall not operate waive any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the BuildingLandlord’s other rights. Tenant shall nor install conduct its business and control each other Tenant Party so as not to create any equipment nuisance. or antennas on or make any penetrations of the exterior walls or roof unreasonably interfere with Landlord in its management of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease Agreement (Orthofix Medical Inc.)

Use. The Leased Premises are leased to Tenant shall be entitled to use the Premises solely for office/research the Permitted Use set forth in Article 1.9 above and development, sales, marketing and other related uses and (or for no other use purpose whatsoever. Tenant shall continuously and without interruption not use or occupy or permit the Leased Premises for such purpose for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the entire Lease Term. Any discontinuance Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of such use for or affect any casualty or other insurance on the Building or the Property, or any of their respective contents, or make void or voidable or cause a period cancellation of sixty consecutive calendar days shall beany insurance policy covering the Building or the Property, at Landlord's election, a default by Tenant under the terms or any part thereof or any of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoevertheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building, the Common Areas or Building and/or the Property which does will in any way obstruct or could (i) jeopardize interfere with the structural integrity rights of other tenants or occupants of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas Property or the Propertyinjure or annoy them. Tenant shall not operate use or allow the Leased Premises to be used for any equipment within the Premises which does improper, immoral, unlawful or could (i) injureobjectionable purpose, vibrate nor shall Tenant cause, maintain or shake the Premises or the Buildingpermit any nuisance in, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of about the exterior walls or roof of Leased Premises, the BuildingBuilding and/or the Property. In addition, Tenant shall not affix commit or suffer to be committed any equipment to waste in or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Leased Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of Building and/or the Property. Tenant shall not use any of the Common Areas for Leased Premises, the storage of its materials, supplies, inventory Building and/or the Property or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit anything to be committed any waste done in or about the Leased Premises, the BuildingBuilding and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the Common Areas requirements of any Board of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the Propertyadmission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.

Appears in 1 contract

Sources: Industrial Lease (Studio One Media, Inc.)

Use. Tenant shall be entitled to continuously occupy and use the Premises solely only for office/research the Permitted Use (as set forth in the Basic Lease Information) and developmentshall comply with all Laws relating to the use, salescondition, marketing access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other related uses authorizations necessary to permit Tenant to use and (or no other use whatsoever. Tenant shall continuously and without interruption use occupy the Premises for such purpose the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the entire Premises. Notwithstanding anything in this Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall beto the contrary, at Landlord's election, a default by Tenant under the terms of this Lease. as between Landlord and Tenant: (a) Tenant shall have bear the right risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to use time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in conjunction with its Permitted Use Exhibit C), other than compliance that is necessitated by the use of the Premises solely for other than the purposes for Permitted Use or as a result of any alterations or additions made by Tenant (which they were designed risk and intended aid for no other purposes whatsoeverresponsibility shall be borne by Tenant). Tenant shall not do use any substantial portion of the Premises for a “call center”, any other telemarketing use, or permit anything to be done in or about the Premisesany credit processing use. In addition, the BuildingPremises shall not be used for any purpose which creates strong, the Common Areas unusual, or the Property offensive odors, fumes, dust or vapors; which does emits noise or could sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertysuch as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not operate to create any equipment within the Premises which does nuisance or could (i) injure, vibrate unreasonably interfere with other tenants or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof Landlord in its management of the Building. Tenant shall not affix knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment to in or make about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any penetrations invalidation of coverage or cuts increase in the floor, ceiling, walls or roof rate of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids fire insurance or other waste materials in the drainage systems of insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the Building, the Common Areas increase in such rate is due to such act of Tenant or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory contents or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and such increase shall be considered Additional Rent payable with the Buildingnext monthly installment of Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the Common Areas Premises or brought into the PropertyBuilding any dangerous, noxious, radioactive or explosive substance.

Appears in 1 contract

Sources: Office Lease Agreement

Use. Tenant Subject to the use prohibitions and the Occupancy Threshold provisions described in Section 9 of the Master Lease, the Subleased Premises shall not be used or occupied for any use other than general office, administrative and training facility uses and other legally permitted uses compatible with first class office buildings, including, but not limited to, an engineering lab. Throughout the Term, Subtenant’s business shall be entitled conducted in a first-class manner and so as not to use the Premises solely for office/research and developmentviolate any term, sales, marketing and other related uses and (provision or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use condition of the Master Lease or this Sublease. Subtenant shall comply with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record and requirements in effect during the Term hereof regulating the use by Subtenant of the Subleased Premises; provided however, Subtenant shall not be responsible for violations of applicable law relating to the Subleased Premises solely for (a) occurring prior to Subtenant’s occupancy of the purposes for which they were designed and intended aid for no Subleased Premises, or (b) caused by Sublandlord or its agents. Subtenant shall not use or permit the use of the Subleased Premises in any manner that will create waste or create a nuisance or disturb other purposes whatsoevertenants of the Building. Tenant Subtenant shall not do or permit suffer anything to be done in or about upon the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Subleased Premises which does or could (i) injure, vibrate or shake will cause structural injury to the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Subleased Premises or the Building. Tenant Subtenant shall nor install any equipment not use or antennas on or make any penetrations permit the use of the exterior walls Subleased Premises or roof any part thereof for any purpose which will increase the existing rate of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads insurance upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floorsany part thereof, foundations or supporting structural componentscause a cancellation of any insurance policy covering the Building or any part thereof. Tenant In the event any act on the part of Subtenant or use of the Subleased Premises by Subtenant shall cause, directly or indirectly, any increase of Sublandlord’s insurance expense, said additional expense shall be paid by Subtenant to Sublandlord within ten (10) days of demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any other rights or remedies, or constitute a waiver of Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding the foregoing, Subtenant shall not place be liable for any explosive, flammable or harmful fluids or other waste materials increase in the drainage systems Sublandlord’s insurance expense as a result of Subtenant’s use of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids Subleased Premises in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertycompliance with this Section 6.

Appears in 1 contract

Sources: Sublease Agreement (Avanir Pharmaceuticals, Inc.)

Use. Tenant (a) The Antenna shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default used by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes transmission and reception of signals to or from the Antenna, in connection with Tenant's business operations in, and the Permitted Uses of, the Premises and no rights to use same shall be granted by Tenant to any third parties, but subject, nevertheless to the provisions of this Section 4. Without limiting the foregoing, Tenant expressly covenants and agrees that in no event will the Antenna be used, or be permitted to be used, for which they were designed and intended aid for no any so called informational or data sale or the commercial carrying of signals by any persons of entities (including any commercial broadcasters) other purposes whatsoeverthan Tenant. Tenant shall not do covenants that it will use due diligence and reasonable efforts to avoid use of its Antenna that will, in any manner, cause interference with any Other Communications Equipment now or permit anything to be done in or about hereafter installed on the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity roof of the Building or with any communications equipment located in the Building. (i) Tenant further expressly covenants and agrees that the Antenna will, throughout the Term, operate on only the fixed channel frequency which Tenant has specified in the Plans submitted to Landlord. In the event Tenant should wish to change the frequency utilized by the Antenna to another or other frequencies (the "Frequency Change"), Tenant shall request Landlord's prior written approval of the Frequency Change on not less than sixty (60) days' prior written notice to Landlord of such desired Frequency Change(s), specifying in said notice the new frequency or frequencies that will be utilized by the Antenna, the date(s) of the desired changes(s) and whether such changed frequency or frequencies will be used for transmission or receiving or both. (ii) cause damage Landlord hereby agrees not to any part of the Premisesunreasonably withhold or delay its consent to Tenant's Frequency Change, the Buildingprovided however, the Common Areas or the Property. that (x) Tenant shall comply with all applicable Legal Requirements regarding any such Frequency Change; (y) Tenant's Frequency Change will not operate any equipment within interfere with the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation use of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing Other Communications Equipment then in use on the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall ; and (z) the Frequency Change will not affix result in, or impose an extra burden on any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertySystems.

Appears in 1 contract

Sources: Lease Agreement (Knight Trading Group Inc)

Use. Tenant The Premises shall be entitled to use used and occupied for the Premises solely purpose described in the Basic Lease Information under “Permitted Use” and for office/research and development, sales, marketing and other related uses and (or no other use whatsoeveror purpose. Tenant shall continuously comply with all present and without interruption future Laws relating to Tenant’s use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use or occupancy of the Premises solely (and make any repairs, alterations or improvements as required to comply with all such Laws, other than any repairs, alterations or improvements which are Landlord’s responsibility under Section 7(c)), and shall observe the Project Rules (as defined in Section 29). Anything to the contrary contained in this Lease notwithstanding, Tenant shall not be responsible for compliance with any Laws where such compliance would require capital expenditures unless such compliance is necessary due to Tenant’s specific use or occupancy of the purposes for which they were designed and intended aid for no other purposes whatsoeverPremises or any Alterations. Tenant shall not do do, bring, keep or permit sell anything to be done in or about the PremisesPremises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the BuildingPremises shall not be used for any use listed in Exhibit E attached hereto (“Prohibited Use”). Tenant shall not, without the Common Areas or the Property which does or could prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building (including, without limitation, by placing in the Premises any object whose weight distribution results in pressure in excess of eighty (80) pounds per square foot) or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) cause damage connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any part electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of eighty percent (80%) of the Premises, rated capacity of the Building, the Common Areas or the Propertycircuit. Tenant shall not operate have no rights to use the subsurface of the Land or any equipment within airspace above the underside of the roof or floor above the Premises or above any paved or landscaped areas on the Land or Common Areas, and Landlord reserves the right to use all such subsurface and airspace areas, including, without limitation, the right to perform construction work thereon. Any diminution or shutting off of light, air or view by any structure which does may be erected by Landlord shall in no way affect the Lease or could (i) injureimpose any liability on Landlord, vibrate provided that Landlord shall not block out windows to construct a new building. Tenant shall have no right whatsoever to the exterior of exterior walls or shake the roof of the Premises or the BuildingBuilding or any portion of the Property outside the Premises except as provided in Section 28 of this Lease and Sections 2 and 3 of the Project Rules Rider. Subject to the provisions of Section 3 above, if any barrier removal work or other work is required to the Common Areas of the Project under 42 U.S.C. § 12101 et seq., including, but not limited to, Title III thereof, and all regulations and guidelines related thereto, together with any and all laws, rules, regulations, ordinances, codes and statutes now or hereafter enacted by local or state agencies having jurisdiction thereof, including all requirements of Title 24 of the State of California, as the same may be in effect on the date of this Lease and may be hereafter modified, amended or supplemented (ii) damagecollectively, overload or impair the efficient operation “ADA”), then such work shall be the responsibility of any electricalLandlord; provided, plumbinghowever, heating, ventilating or air conditioning system within or servicing that if such work is required under the ADA as a result of Tenant’s particular use of the Premises or the Building, any work or Alteration (iiias hereinafter defined) damage or impair the efficient operation of the sprinkler system (if any) within or servicing made to the Premises by or on behalf of Tenant, then such work shall be performed by Landlord at the Building. Tenant shall nor install any equipment or antennas on or make any penetrations sole cost and expense of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyTenant.

Appears in 1 contract

Sources: Lease Agreement (Taleo Corp)

Use. Tenant The Premises the hereby leased to Lessee upon the express condition that Lessee shall be entitled to use the said Premises solely for office/research administrative offices, manufacturing and developmentassembly of office furniture, sales, marketing warehousing and other related uses uses. Lessee agrees that the said Lessee's business shall be established and (or no other use whatsoever. Tenant shall continuously and without interruption conducted through the term hereof in a first class manner; that Lessee will not use the demised Premises for such purpose for for, or carry on or permit upon said Premises any offensive, noisy or dangerous trade, business, manufacture or occupation or any nuisance, or anything against public policy, nor permit any auction sale to be held or conducted on or about said Premises; that Lessee shall not commit, or suffer to be committed, any waste upon the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall Premises; that Lessee will not do or permit suffer anything to be done upon said Premises which will cause structural injury to said Premises or the building of which same form a part; that said Premises will not be overloaded and that no machinery, apparatus or other appliance shall be used or operated in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within upon the Premises which does or could (i) will in any manner injure, vibrate or shake the said Premises or the Building, (ii) damage, overload or impair the efficient operation building of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing which it is a part; that no use will be made of the Premises or the Building, or (iii) damage or which will in any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises; that Lessee will not vacate or servicing abandon said Premises during the term hereof unless pursuant to an assignment of this Lease or subletting of the Premises; Lessee further agrees not to use or permit the use of the Premises or any part thereof, for any immoral or other purpose prohibited by law or which will increase the Buildingexisting rate of insurance (or if a newly constructed building, lien the initial rate of insurance) upon the building in which the Premises may be located, or cause a cancellation of any insurance policy covering said building or any part thereof. Tenant shall nor install If any equipment act on the part of Lessee or antennas on or make any penetrations use of the exterior walls Premises by Lessee shall cause, directly or roof indirectly, any increase of Lessor's insurance expense, said additional expense shall be paid by Lessee to Lessor upon demand. No such payment by Lessee shall limit Lessor in the exercise of any other rights or remedies, or constitute a waiver of Lessor's right to require Lessee to discontinue such act or use. No use shall be made or permitted to be made of the BuildingPremises or any part thereof, and no act done therein, which may disturb the quiet enjoyment of any other tenant in the building of which the Premises are a part. Tenant Lessee, at Lessee's sole cost and expense, agrees to do all things necessary to maintain the Premises, in a clean, neat and sanitary manner; and repair and maintain the interior of the Premises forming a part of the building in compliance and conformity with all laws and ordinances, municipal, state, federal and/or any other governmental board or authority, present or future, in anywise relating to the condition, use or occupancy of the Premises throughout the entire term of this lease and to the perfect exoneration from liability of Lessor, or if due to Lessee's specific use of the Premises any governmental authority requires alterations, Lessee shall make such alternations at its sole cost and expense, excluding structural changes not affix any equipment related to or make affected Lessee's improvements or acts. The judgment of any penetrations court of competent jurisdiction or cuts the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a party thereto or not, that Lessee has violated any such law, ordinance, requirement or order in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems use of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas be conclusive of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment that fact as between Lessor and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the PropertyLessee.

Appears in 1 contract

Sources: Consent to Sublease (Biomarin Pharmaceutical Inc)

Use. Tenant shall be entitled to ▇▇▇▇▇▇ agrees that it will use the Premises solely for office/research general --- office purposes, and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. (S) 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for purposes whatsoeverof "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the ADA occurring ----------------- within the common areas of the Building or the Property, except to the extent the violation results from Tenant's particular use or operation of its Premises. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the Buildingstandard form of fire insurance policy, unless Tenant obtains an endorsement to the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Propertypolicy allowing such activity. Tenant shall not operate during the Term (i) commit or allow to be committed any equipment within waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which does or could (i) injure, vibrate or shake the Premises or endanger the Building, (iiiv) damageuse any apparatus, overload machinery or impair the efficient operation of any electrical, plumbing, heating, ventilating device in or air conditioning system within or servicing about the Premises which will cause any substantial noise or vibration or in any manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (iiivi) damage disturb or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof unreasonably interfere with other tenants of the Building. Tenant shall not affix If any of Tenant's office machines or equipment to or make disturbs the quiet enjoyment of any penetrations or cuts other tenant in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. then Tenant shall not drain provide adequate insulation, or discharge any fluids in take such other action as may be necessary to eliminate the landscaped areas or across the paved areas disturbance, all at Tenant's sole cost and expense. Landlord will respond promptly to ▇▇▇▇▇▇'s request for clarification of the Property. Building's floor load and sound/vibration requirements based upon actual information provided to Landlord regarding equipment Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit wishes to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertyinstall.

Appears in 1 contract

Sources: Lease Agreement (Digitas Inc)

Use. Tenant (a) The Premises shall be entitled used only for executive and administrative offices, limited to use the Premises solely for office/research uses specifically set forth in the Basic Lease Information and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances by Tenant in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done in or about emanate from the Premises, the Building, the Common Areas nor take any other action which would constitute a nuisance or the Property which does would disturb or could (i) jeopardize the structural integrity endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not use the Premises for any purpose or in any manner (iiincluding without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause damage the Insurance Commissioner or other insurance authority to disallow any part sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the BuildingPremises and causes an increase in such premiums, then Tenant shall pay the Common Areas or amount of such increase to Landlord as Additional Rent. (b) Tenant agrees that the Propertyfloor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building as set forth on Exhibit "F", which is attached hereto and by this reference made a part hereof. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts distribute floor loading in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any accordance with design loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.the

Appears in 1 contract

Sources: Lease Agreement (Synquest Inc)

Use. Tenant Lessee shall be entitled to use and occupy the premises for the purpose of: Offices and support facilities for Lessee’s adjoining Learning Community Center; subleasing portions of the Premises solely for office/research to organizations supportive of the Learning Community Center (such as, but not limited to, OneWorld Community Health Centers); and development, sales, marketing and any other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant commercial business as allowed under the terms of this Leaseapplicable municipal or state laws. Tenant Lessee shall have the right at its own expense to contest, by appropriate proceedings diligently conducted in good faith, any allegation by public authorities that Lessee or the Premises are in violation of any Requirements or any certificate of occupancy affecting the Premises, but only so long as: a. Neither the Premises nor any part thereof would by reason of such contest be, in ▇▇▇▇▇▇’s reasonable judgment, in danger of being forfeited or lost; ▇. ▇▇▇▇▇▇ shall not in its reasonable judgment be in danger of being subject to criminal liability or penalty by reason of such contest; and c. Lessee shall be responsible for any fines, penalties or other charges that may or might be assessed against or become a charge on the Premises if such contest is unsuccessful; provided, however, in no event shall Lessee be responsible for any Requirements which are unrelated to ▇▇▇▇▇▇’s specific use the Common Areas in conjunction with its Permitted Use of the Premises and/or improvements made by Lessee to the Premises. d. Notwithstanding the foregoing, Lessor acknowledges that it shall be solely responsible for any structural Requirements related to the purposes for Premises and any other Requirements which they were designed are not a result of ▇▇▇▇▇▇’s specific use of the Premises. e. Lessee shall pay all costs and intended aid for no other purposes whatsoever. Tenant expenses (including, but not limited to, ▇▇▇▇▇▇’s attorneys’ fees) incurred by Lessor in connection with ▇▇▇▇▇▇’s contest(s), except to the extent that Lessor is involved with contesting any Requirements related to the condition of the Premises which was unrelated to ▇▇▇▇▇▇’s specific use of the Premises. f. Lessee shall not do suffer or permit anything the Premises or any portion thereof to be done used in any manner as might tend to impair Lessor’s title to the Building or about the PremisesLand or any portion thereof, the Building, the Common Areas or the Property which does in such manner as might make possible a claim or could (i) jeopardize the structural integrity claims of adverse usage or adverse possession or of implied dedication of the Building or (ii) cause damage to Land or any part of the Premisesportion thereof for public use. Additionally, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant Lessee shall not use any of the Common Areas premises for the storage purposes of its materialsstoring, suppliesmanufacturing or selling any explosives, inventory flammables or equipment and all such materialsother inherently dangerous substance, supplieschemical, inventory thing or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertydevice.

Appears in 1 contract

Sources: Commercial Lease Agreement

Use. Tenant shall use and occupy the Premises only for the use set forth in Article 1.G of the Basic Lease Provisions and shall not use or occupy the Premises or permit the same to be entitled to used or occupied for any other purpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises solely for office/research in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and developmentexpense, salespromptly comply with all laws, marketing and other statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or the Project (excluding structural changes to the Project not related uses to Tenant's particular use of the Premises), and (ii) improvements installed or no other use whatsoeverconstructed in the Premises by-or for the benefit of Tenant. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use not permit more than six (6) people per one thousand (1,000) rentable square feet of the Premises solely for to occupy the purposes for which they were designed and intended aid for no other purposes whatsoeverPremises at any time. Tenant shall not do or permit anything to be done in anything which would invalidate or about increase the Premisescost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the Building, provisions of this Article. Landlord represents that Landlord has taken or shall take the Common Areas or necessary steps to comply with what Landlord reasonably believes are the Property which does or could (i) jeopardize the structural integrity requirements of the Building or (ii) cause damage to any part ADA in effect as of the Premises, date of this Lease as it pertains to the Building, common areas within the Common Areas or the PropertyProject. Tenant Operating Costs shall not operate include any equipment within cost incurred by Landlord in connection with upgrading the Premises which does or could (i) injure, vibrate or shake Project to comply with the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation requirements of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations ADA that are in effect as of the exterior walls date of this Lease, including penalties or roof of the Building. Tenant shall not affix any equipment damages incurred due to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Propertynoncompliance.

Appears in 1 contract

Sources: Standard Office Lease (Lindows Inc)

Use. Tenant shall be entitled to procure, at its sole cost and expense, any and all permits required by applicable Law for Tenant’s use and occupancy of the Premises. Tenant shall use the Premises solely for office/research the Permitted Use specified in the Summary, and development, sales, marketing and other related uses and (shall not use or no permit the Premises to be used for any other use whatsoeveror purpose whatsoever without Landlord’s prior written approval. Tenant shall continuously observe and without interruption comply with the Rules and Regulations attached hereto as Exhibit E, as the same may be modified by Landlord from time to time, and all reasonable non-discriminatory modifications thereof and additions thereto from time to time put into effect and furnished to Tenant by Landlord. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or non-performance by any other tenant or occupant of any such Rules and Regulations. Tenant shall, at its sole cost and expense, observe and comply with all Laws and all requirements of any board of fire underwriters or similar body relating to Tenant’s specific use or occupancy of the Premises for such purpose for or the entire Lease Term. Any discontinuance manner in which it conducts its business therein, or any alteration or improvements made to the Premises by or on behalf of such use for a period Tenant (excluding the Office Improvements set forth in Exhibit C as contemplated as of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms date of this Lease) now or hereafter in force (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the Premises and regardless of the period of time remaining in the Term). Tenant shall have the right to not use the Common Areas in conjunction with its Permitted Use of or allow the Premises solely to be used for the purposes for which they were designed and intended aid for no other purposes whatsoeverany improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit anything to be done in anything that will obstruct or interfere with the rights of other tenants or occupants of the Building or the Property, if any, or injure or annoy them. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does , nor commit or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit suffer to be committed any waste in in, on or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Commercial Lease (Gigamon LLC)

Use. Tenant shall be entitled agrees to use the Premises solely for office/research in a safe, careful and developmentproper manner, salesand to comply, marketing at Tenant’s expense, with all Laws applicable to Tenant’s use, occupancy or alteration of the Premises and other related uses with any Laws that require any alterations to the Premises due to Tenant’s status under such Laws, including, without limitation, the ADA; provided, however, that Landlord shall, at Landlord’s cost and (expense, make any changes or no other alterations required by Laws, including the ADA, as a result of conditions existing prior to the Commencement Date in the Premises, and not resulting from Tenant’s particular use whatsoeverof the Premises. If, due to the nature or manner of any use or occupancy of the Premises by Tenant, any improvements or alterations to the Building or the Premises are determined to be required to comply with any Laws, then Tenant will pay all costs of the required improvements, alterations or changes in services. Tenant shall continuously and without interruption use will not keep anything on the Premises for such any purpose for which increases the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at insurance premium cost or invalidates any insurance policy carried on the Premises by Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right will pay, as Rent and upon demand of Landlord, any such increased premium cost due to Tenant’s use the Common Areas in conjunction with its Permitted Use or occupation of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall will not commit nor cause, maintain or permit to be committed any nuisance or waste in or about the Premises, the Building, the Common Areas Building or the PropertyPremises. In addition, except as expressly provided otherwise in the Lease, Tenant will keep the Premises free of debris, and anything of a dangerous, noxious or toxic nature, which could create a fire hazard or undue vibration, heat, noise, fumes, vapors or odors. If any item of equipment, building material or other property brought into the Building or the Premises by Tenant or on Tenant’s request causes a dangerous, noxious or toxic effect (including an environmental effect) and in Landlord’s reasonable opinion such effect will not be permanent but will only be temporary and is able to be eliminated, then Tenant will not be required to remove such item, provided that Tenant promptly and diligently causes such effect to be eliminated, pays for all costs of elimination and indemnifies Landlord against all liabilities arising from such effect.

Appears in 1 contract

Sources: Lease Agreement (Encision Inc)

Use. Tenant A. The Premises shall be entitled used, to use the Premises solely extent permitted by applicable law, and only for office/research the purpose of receiving, storing, manufacturing, shipping, and developmentselling (other than retail) products, salesmaterials, marketing and merchandise made and/or distributed by Tenant and for such other related uses and (or no other use whatsoeverlawful purposes as may be incidental thereto. Tenant shall continuously at its own cost and without interruption use the Premises expense obtain and at all times maintain any and all licenses and permits necessary for any such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Leaseuse. Tenant shall have comply with all governmental laws, ordinances, and regulations applicable to the right to use the Common Areas in conjunction of tile Premises and shall promptly comply with its Permitted Use of the Premises solely all governmental orders and directives for the purposes for which they were designed correction, prevention, and intended aid for no other purposes whatsoeverabatement of nuisances in, upon, or connected with the Premises, all at Tenant's sole expense. Without Landlord's prior written consent, Tenant shall not do receive, store, or otherwise handle any product, material, or merchandise which is explosive or highly inflammable or any material which may be corrosive or otherwise damaging to the Premises or any appurtenances thereto or any hazardous substance (as hereinafter defined). Tenant will not, without Landlord's prior written approval, permit anything the Premises to be done in or about used for any purpose which would render the Premises, the Building, the Common Areas insurance thereon void or the Property which does insurance risk more hazardous or could (i) jeopardize the structural integrity of premiums therefor more expensive. In the Building or (ii) cause damage to event any part such use of the Premises, or any part thereof, whether approved by Landlord or not, shall ever cause the Buildinginsurance rates for policies carried by Landlord to increase, Tenant shall pay, as additional rent, the Common Areas full amount by which such insurance rates increase as a result of Tenant's use, without regard to whether such policy covers areas other than the Premises so long as such other covered areas are adjacent thereto or otherwise affected by Tenant's hazardous use. Further, Tenant will not introduce into the PropertyPremises or use therein any equipment or fixtures which might be reasonably expected, to cause damage to the Premises or unreasonable interference with the occupants of adjacent premises. Additionally, Tenant shall not store any products, materials, or merchandise outside the exterior walls or interior demising walls of the Premises without Landlord's prior written consent. Tenant shall indemnify, defend and hold Landlord and Landlord's officers, stockholders, employees, agents, invitees, and guests harmless from all damages, costs, losses, expenses (including, but not operate limited to, reasonable attorneys' fees, engineering fees, and clean-up costs) arising from or attributable to any equipment within breach by Tenant of its obligations in this Paragraph 4. Tenant's obligations hereunder shall survive the Premises which does or could termination of this lease. B. For all purposes herein, the term "Environmental Laws" means (i) injurethe Resources Conservation Recovery Act as amended by the Hazardous and Solid Waste Amendments of 1984, vibrate as now or shake the Premises or the Buildinghereafter amended, 42 U.S.C. Sections 6901 et seq., (ii) damagethe Comprehensive Environmental Response, overload or impair Compensation and Liability Act as amended by the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.Superfund

Appears in 1 contract

Sources: Lease Agreement (Omniquip International Inc)

Use. Tenant (a) The Premises shall be entitled to use the Premises solely for office/research used and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Premises for such purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default occupied by Tenant under for general office use and in accordance with the terms of Rules and Regulations attached to this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed Lease as Exhibit A and intended aid for no other purposes whatsoeverpurpose. Tenant shall, at Tenant's expense, --------- comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating the use by Tenant of the Premises. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the Premises without Landlord's written consent, which consent may be withheld in Landlord's sole and absolute discretion, or use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit anything to be done anything in or and about the Premises, either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Building, the Common Areas Premises or the Property Building or which does would violate the terms of any covenants, conditions or could restrictions affecting the Building or the land on which it is located. (ib) jeopardize Tenant shall faithfully observe and comply with the structural integrity rules and regulations attached to this Lease as Exhibit A and, after notice thereof, all --------- reasonable modifications thereof and additions thereto from time to time promulgated in writing by Landlord. Landlord shall not be responsible to Tenant for the nonperformance by any other tenant or occupant of the Building of any of said rules and regulations, but Landlord shall use good faith efforts to enforce the rules and regulations consistently. (c) Tenant shall strictly comply with all statutes, laws, ordinances, rules, regulations, and precautions now or hereafter mandated or advised by any federal, state, local or other governmental agency with respect to the use, generation, storage, or disposal of hazardous, toxic, or radioactive materials (ii) cause damage to any part collectively, "Hazardous Materials"). As herein used, Hazardous Materials shall include, but not be limited to, those materials identified in Sections 66680 through 66685 of Title 22 of the PremisesCalifornia Code of Regulations, Division. 4, Chapter 30, as amended from time to time, and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "chemicals known to cause cancer or reproductive toxicity," "radioactive materials," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the BuildingResource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Common Areas Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., 33 U.S.C. Section 1251 et seq., 42 U.S.C. Section 300(f) et seq., 42 ------- U.S.C. 7401 et seq., California. Health and Safety Code Section 25249.5 et seq., -- --- California Water Code Section 13000 et seq., California Health and Safety Code Section 39000 et seq. and any other governmental statutes, ordinances, rules, regulations, and precautions adopted pursuant to the preceding laws or the Propertyother similar laws, regulations and guidelines now or hereafter in effect. Tenant shall not operate cause, or allow anyone else whom Tenant has lawful authority to control to cause, any equipment within the Premises which does Hazardous Materials to be used, generated, stored, or could (i) injure, vibrate disposed of on or shake about the Premises or the Building, other than reasonable quantities of office and cleaning supplies in their retail containers. Tenant shall defend (ii) damagewith counsel approved by Landlord), overload or impair the efficient operation of indemnify and hold Landlord, its trustees, employees and agents, any electrical, plumbing, heating, ventilating or air conditioning system within or servicing entity having a security interest in the Premises or the Building, and its and their employees and agents (collectively, "Indemnitees") harmless from and against, and shall reimburse the Indemnitees for, all liabilities, claims, costs, damages, and depreciation of property value, including all foreseeable and unforeseeable consequential damages, directly or (iii) damage or impair the efficient operation indirectly arising out of the sprinkler system use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant, including, without limitation, the cost of any required or necessary investigation, monitoring, repair, cleanup, or detoxification and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the termination of this Lease, as well as penalties, fines and claims for contribution to the full extent that such action is attributable, directly or indirectly, to the use, generation, storage, or disposal of Hazardous Materials by Tenant or any person claiming under Tenant. Neither the consent by Landlord to the use, generation, storage, or disposal of Hazardous Materials nor the strict compliance by Tenant with all statutes, laws, ordinances, rules, regulations, and precautions pertaining to Hazardous Materials shall excuse Tenant from Tenant's obligation of indemnification set forth above. Tenant's obligations under this paragraph shall survive the expiration or termination of this Lease. (if anyd) If removal of any asbestos-containing materials which may exist within or servicing the Premises (other than any which may have been installed, placed or released by Tenant) is at any time during the BuildingTerm required as a matter of law, Landlord shall cause such materials to be removed at Landlord's expense promptly following notice from Tenant, which notice shall be accompanied by a copy of reports of inspections or tests done by or on behalf of Tenant showing that such materials are present in the Premises; provided, however, that if the cost of removal thereof will equal or exceed $20,000, Landlord may, at its option, terminate this Lease upon thirty days written notice to Tenant, without removing such materials. Tenant shall nor install do any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all alterations, additions, repairs and maintenance, as well as any and all work relating to installation, upgrading or maintaining utility and other services, in a manner that will minimize any disturbance of asbestos-containing materials and any need to remove or ▇▇▇▇▇ such materials. Any such work that may involve or relate to asbestos-containing materials shall be done in such manner as Landlord shall, suppliesin its discretion, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste approve in or about the Premises, the Building, the Common Areas or the Propertyadvance in writing.

Appears in 1 contract

Sources: Office Lease (Smartage Corp)

Use. 10.1 Tenant shall be entitled to use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption may use the Premises for such any use permitted by (i) the applicable zoning governing the Property and (ii) any other laws, regulations, ordinances, and permits applicable to the Premises, and shall not use the Premises, or permit or suffer the Premises to be used for any other purpose without the prior written consent of Landlord. 10.2 Tenant shall conduct its business operations and use the Premises in compliance with all federal, state, and local laws, regulations, ordinances, requirements, permits and approvals applicable to the Premises. Subject to Section 10.1, Tenant shall not use or occupy the Premises in violation of any law or regulation or the certificate of occupancy issued for the entire Lease TermBuilding, and shall, upon five (5) days’ 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 the certificate of occupancy. Any discontinuance Subject to Section 10.1, Tenant shall comply with any direction of such any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use for a period or occupancy of sixty consecutive calendar days shall bethe Premises, at Landlord's election, a default by impose any duty upon Tenant under or Landlord with respect to the terms of this LeasePremises or with respect to the use or occupation thereof. Tenant shall have not be deemed to be in default of the foregoing obligation (a) until any notice and cure period provided under this Lease has expired or (b) if Tenant has the right to use the Common Areas appeal such directive, and Tenant prosecutes such appeal in conjunction with its Permitted Use a timely fashion and in a manner that does not impose any lien, charge or other obligation on Landlord or any portion of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Project, during any such appeal period. 10.3 Tenant shall not do or permit anything to be done anything which will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy covering the Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises. 10.4 Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall be exclusively that of Tenant and not of Landlord, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this Lease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. 10.5 Tenant may install signage on and about the Premises, including any existing monument sign or new monument sign installed by Tenant, to the extent permitted by, and in conformity with, the applicable sign ordinance and other laws, regulations, ordinances, and permits applicable to the Premises, and to the extent approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant acknowledges that it understands that other tenants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the tenants on a fair and reasonable basis. Tenant further acknowledges that it is not relying on any representations or warranty of Landlord regarding the number, size or location of any signage. Notwithstanding the foregoing, subject to any applicable sign ordinance and other laws, regulations, ordinances, and permits applicable to the Premises, and Landlord’s reasonable approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall be entitled but shall not be required to display at least one exterior sign identifying Tenant on the existing monument sign on the Project. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all signs shall be the property of Tenant and shall be removed from the Premises by Tenant, subject to the provisions of Article 30. 10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building. 10.7 Subject to Section 10.1, Tenant shall not use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance or waste in, on, or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant shall not operate any equipment within the Premises which does or could (i) injure, vibrate or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.

Appears in 1 contract

Sources: Lease (Icagen Inc)

Use. Tenant shall will occupy the Leased Premises continuously and in entirety and will not use or permit any portion of the Leased Premises to be entitled to used for any purpose other than for general office space and related administrative activities. Tenant may not use the Premises solely for office/research and development, sales, marketing and other related uses and (or no other use whatsoever. Tenant shall continuously and without interruption use the Leased Premises for such any purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall bewhich is unlawful, at disreputable, adversely affects Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not do or permit anything to be done in or about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity leasing of the Building or increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant results in any increase in the cost of insurance covering the Building or its contents, Tenant agrees to pay to Landlord the amount of such increased cost as Additional Rent. Tenant will conduct Tenant's business and will control Tenant's agents, employees, licensees and invitees in such a manner as not to create any nuisance, or interfere with, annoy or disturb other tenants or Landlord. Tenant will maintain the Leased Premises in a clean and healthful condition. Tenant, at Tenant's expense, shall comply and shall cause Tenant's agents, employees, licensees and invitees to comply fully with: (iia) cause damage the Building Regulations; (b) all Laws pertaining to any part Tenant's use of the Leased Premises; (c) all other Legal Requirements, including all applicable Laws pertaining to air and water quality, hazardous materials, waste disposal, all emissions and other environmental matters; and (d) all zoning and other land use matters and with any directive of any Governmental Authority, pursuant to Law, which shall impose any duty upon Landlord or Tenant with respect to the Building, use or occupancy of the Common Areas or the PropertyLeased Premises. Tenant shall will not operate erect or install any equipment within sign or other type of display whatsoever, either upon the Premises which does exterior of the Building or could (i) injureon the Land, vibrate upon or shake the Premises or the Building, (ii) damage, overload or impair the efficient operation in any window of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage any Common Area, without the prior written consent of Landlord, which may be granted or impair withheld in Landlord's sole discretion. Any signs or other type of display which Tenant installs without Landlord's prior written consent may be removed by Landlord and Tenant shall reimburse Landlord for such cost promptly upon receipt of an invoice from Landlord. 90 Americans With Disabilities Act Requirements. Landlord is responsible for and will maintain the efficient operation Common Areas of the sprinkler system Building in substantial compliance with the public accommodations provisions of Title III of the Americans With Disabilities Act of 1990, as amended (if any) within the "ADA"), and Landlord shall bear the cost of any improvements, repairs, renovations or servicing modifications to the Premises Common Areas that may from time to time be required to bring the Building into compliance or maintain the Building's compliance with Title III of the ADA. Tenant shall nor install indemnify and hold Landlord harmless from and against any equipment losses, costs, damages or antennas on claims of whatever nature, arising out of or make any penetrations in connection with the compliance requirements set forth in the ADA, as amended, relating to the use and occupancy of the exterior walls or roof Leased Premises and/or alteration and/or renovation of the Building. Tenant shall Leasehold Improvements, including, but not affix limited to, any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof changes necessitated because of the Premises' specific needs of Tenant's employees. 100 Landlord's Services and Other Obligations. Landlord and Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any waste in or about the Premises, the Building, the Common Areas or the Property.hereby agree as follows: -----------------------------------------

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Sources: Office Lease (Catalog Com Inc)