Use. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 2 contracts
Sources: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)
Use. Tenant shall use the Premises only for general office use, the permitted use (as a data processing center and other reasonably related activitiesdefined in Paragraph 1(h) hereof). Tenant will not occupy or use the Premises, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about permit any portion of the Premises that to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done which will cause a cancellation of in any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If way increase the rate of any fire insurance carried on the Building or contents; and in the event that, by the Landlord is increased as a result reason of acts of Tenant, there shall be any increase in the rate of insurance on the Building or contents created by Tenant's use, 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 within ten (10) days after written demand from Landlord, the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any such increaseof Landlord's other rights provided herein. Tenant shall 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 Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulationsregulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. For purposes Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, as set forth in Subparagraph 8(c) hereof, to accessibility by persons with disabilities. Tenant will not, without the prior written consent of this clauseLandlord, a "material capital improvement" shall mean any capital improvementsuch consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or series install any signs, window or door lettering or advertising media of capital improvements within any calendar year, costing type on or about the Premises or any part thereof. Should Landlord agree in excess of $25,000. Tenant shall not use or permit the use writing to any of the Premises foregoing items in any manner that the preceding sentence, Tenant will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessmaintain such permitted items in good condition and repair at all times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. Tenant shall use the Leased Premises only for general office usea distribution center, as a data processing warehouse facility, fulfillment center and other reasonably related activitiesoffice purposes, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentconsent of Landlord. Tenant will not use or occupy the Leased Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, the state in which the Leased Premises are located, and all other governmental units or agencies having jurisdiction over the property and the Leased Premises. Tenant shall not docause, bring maintain or keep anything permit any outside storage on or about the Leased Premises, shall not commit or suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof. Tenant shall not sell, or permit to be kept, used, in or about the Premises that will cause a cancellation Leased Premises, any article which may be prohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the Leased Premises, of any insurance organization or company, necessary for the maintenance or reasonable fire and public liability insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Leased Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance Building and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000appurtenances. Tenant shall not use or permit place on any floor a load exceeding the use of the Premises in any manner that will tend floor load per square foot which such floor was designed to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesscarry.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement (Innotrac Corp), Standard Industrial Lease Agreement (Innotrac Corp)
Use. Tenant The Premises shall use the Premises only be used for general business office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease purposes --- and for no other purpose without use or purpose. Tenant shall comply with all present and future Laws relating to Tenant's use or occupancy of the LandlordPremises (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the "Building Rules" (as defined in Section 27 -Rules and Regulations). Tenant shall not be required to construct or pay the cost of complying with any covenants, conditions, restrictions and encumbrances, underwriter's prior written consentrequirements or rules regulations, statutes, ordinances, laws and building codes requiting construction of improvements in the Premises which are properly capitalized under general accounting principles, unless such compliance is necessitated solely because of Tenant's particular use of the Premises. Tenant shall not do, bring bring, keep or keep sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance covering policy coveting the Premises Property or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part thereof. Tenant shall not use or permit the use of the Premises to be occupied or used in any manner that will tend to create constitute waste or a nuisance ornuisance, if there or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be more than one tenant used for educational activities, practice of medicine or any of the building containing the Premiseshealing arts, which shall unreasonably disturb providing social services, or for any other tenantgovernmental use (including embassy or consulate use). Tenant hereby acknowledges shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that neither may cause substantial noise, odor or vibration, overload the Landlord nor floors in the Landlord's agent has made Premises or the Building or any representation of the heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or warranty to Tenant as other systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the suitability utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect (directly, or indirectly through use of intermediate devices, electrified strip molding, or otherwise) to any electrical circuit in the Premises for any equipment or other load with aggregate electrical power requirements in excess of 80% of the conduct rated capacity of Tenant's businessthe circuit.
Appears in 2 contracts
Sources: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Use. A. The Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent which consent shall not be unreasonably withheld. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises only for general office usePremises. Tenant shall comply with all governmental laws, as a data processing center ordinances and other reasonably related activitiesregulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or only as otherwise outlined and stated in this lease and for no other purpose without connected with, the Landlord's prior written consentPremises, all at Tenant’s sole expense. Tenant shall not dopermit any objectionable or unpleasant odors, bring smoke, dust, gas, noise or keep anything in vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or about the Premises that will cause a cancellation would disturb or endanger any other tenants of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's situated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for those purposes specified in a breach by Tenant of the preceding sentence terms of this Section 3, Landlord shall not be prohibitedhave the right to have Tenant evicted from the Premises. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useWithout Landlord’s prior written consent, Tenant shall pay not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Premises to Landlord within ten be used for any purpose or in any manner (10including without limitation any method of storage) days which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of Premises shall result in an increase in insurance premiums, Tenant shall be solely responsible for said increase.
B. With respect to any release of toxic or hazardous substances or wastes or other condition of the Premises occurring on or after written demand the date of the Lease and caused by or resulting from the negligent acts or omissions or willful misconduct of Tenant, its employees, authorized agents, or contractors, and which release or other condition violates the provisions of, or necessitates any removal, treatment, or other remedial action under, any past, present, or future federal, state, or local statute or ordinance or any regulation, directive, or requirement of any governmental authority with jurisdiction relating to protection of the environment, ▇▇▇▇▇▇ agrees to defend, indemnify, and hold harmless Landlord, its partners, employees, agents, and contractors, from and against any and all losses, claims, liabilities, damages, demands, fines, costs, and expenses (including reasonable attorney’s fees and legal expenses) arising out of or resulting therefrom. The provisions of this paragraph shall survive the amount termination or expiration of any such increase. Tenant shall comply with all laws concerning this Lease and the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy surrender of the Premises by Tenant during ▇▇▇▇▇▇, with respect to releases, events, or conditions occurring prior to such termination, expiration, or surrender. With respect to any release of toxic or hazardous substances or wastes or other condition of the term Premises occurring prior to the date of this Lease provided that Tenant shall not be obligated (nor shall and caused by or resulting from the negligent acts or omissions or willful misconduct of Landlord) to make any material capital improvements required by such laws, ordinancesits employees, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvementauthorized agents, or series contractors, and which release or condition violates the provisions of, or necessitates any removal, treatment, or other remedial action under, any past, present, or future federal, state, or local statute or ordinance or any regulation, requirement, or directive of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use governmental authority with jurisdiction relating to protection of the Premises in environment, ▇▇▇▇▇▇▇▇ agrees to defend, indemnify, and hold harmless Tenant from and against any manner that will tend to create waste and all losses, claims, liabilities, damages, demands, fines, costs, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessresulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Applied Precision, Inc.)
Use. Tenant may use the Demised Premises as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses or for any other lawful purpose for which Landlord provides it's written consent, such consent not to be unreasonably withheld. Landlord's consent shall be deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the Entire Premises, or (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. Tenant shall use indemnify and hold Landlord harmless of and from all fines or penalties imposed by law arising by reason of the violation by Tenant of any laws, rules, ordinances or regulations relating to the conduct of business in the Demised Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without issued by any governmental authority having jurisdiction over the Landlord's prior written consentDemised Premises. Tenant shall not do, bring have any obligation to continuously use or keep anything in or about occupy the Premises that will cause a cancellation of any insurance covering the Demised Premises or conduct business therein during the building in which Term and Tenant shall have the right (at any time and from time to time) to discontinue the use and occupancy of the Demised Premises are locatedor cease the conduct of business therein; provided provided, however, that neither the cessation of Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Demised Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability discontinuation of the Premises for the conduct of Tenant's businessbusiness therein shall relieve or discharge Tenant from its obligation to pay Rent, Additional Rent or other amounts payable by Tenant and perform the obligations required by this Lease in the time and manner set forth herein.
Appears in 2 contracts
Sources: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)
Use. Tenant (a) The Premises shall use the Premises only be used solely for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease purposes and for no other use or purpose without the Landlord's prior written consent. consent of Landlord.
(b) Tenant shall not do, bring do or keep suffer or permit anything to be done in or about the Premises that will or the Real Property, nor bring or keep anything therein, which would in any way subject Landlord, Landlord's agents or the holder of any Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or affect any fire, casualty, liability, rent or other insurance relating to the Real Property or any of the contents of the Building, or cause a cancellation of of, or give rise to any insurance covering defense by the Premises insurer to any claim under, or the building in which the Premises are located; provided that Tenant's use conflict with, any policies for those purposes specified in the preceding sentence shall not be prohibitedsuch insurance. If the rate any act or omission of Tenant results in any insurance carried by the Landlord is increased as a result of Tenant's usesuch increase in premium rates, Tenant shall pay to Landlord within ten (10) days after written upon demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning In the Premises or Tenant's use event of the Premisessubtenants, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such lawsobstruct their use of their demised premises, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or suffer or permit the Premises to be used for any immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises. No loudspeakers or other similar device, system or apparatus which can be heard or experienced outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises; provided, nothing herein shall prohibit an internal paging or announcement system. Tenant shall not commit or suffer to be committed any waste in, to or about the Premises.
(c) Tenant shall not use or suffer or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated. Tenant, at its sole cost and expense, shall promptly comply with all laws, statutes, ordinances and governmental rules, regulations or 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 of hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements, acts or occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement shall be conclusive of the fact as between Landlord and Tenant.
(d) Notwithstanding any of the terms of Paragraph 8(c) of the Lease to the contrary, Landlord and Tenant acknowledge and agree that Tenant's obligation thereunder shall not apply to the correction or alteration of any physical condition or characteristic of any portion of the Premises in any manner that will tend if such condition or characteristic existed prior to create waste or a nuisance or, if there shall be more than one tenant the commencement of the building containing Agreed Initial Term.
(e) The provisions of this Paragraph are for the Premises, which benefit of Landlord only and are not nor shall unreasonably disturb they be construed to be for the benefit of any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation tenant or warranty to Tenant as to the suitability occupant of the Premises for the conduct of Tenant's businessBuilding.
Appears in 2 contracts
Sources: Lease (Montgomery Realty Group Inc), Lease (Montgomery Realty Group Inc)
Use. Tenant The demised premises shall use the Premises be used only for the purpose of general office useoffice, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant premises shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000exceed allowable design floor loading for floor slabs on grade. Tenant shall not use hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of repair caused by Tenant's businessnegligence or failure to comply with this paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. Tenant The demised premises shall use the Premises be used only for general office usethe purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premisespremises, including without limitationand shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the obligation premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the use of the Premises premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb disallow any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssprinkler credits.
Appears in 2 contracts
Sources: Lease Agreement (Luminex Corp), Lease Agreement (Glacier Corp)
Use. Tenant The Premises shall use be used solely for the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified Permitted Use set forth in the preceding sentence shall not be prohibited. If the rate basic lease provisions in Section 1.1 of any insurance carried by the Landlord is increased as a result of Tenant's usethis Lease, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply and in compliance with all laws concerning the Premises Legal Requirements now or Tenant's use of hereafter applicable to the Premises, including and to the use and occupancy thereof, including, without limitation, the obligation at Tenant's cost to alterAmericans With Disabilities Act, maintain42 U.S.C. § 12101, or restore et seq. (together with the Premises in compliance and conformity with all laws relating to the conditionregulations promulgated pursuant thereto, use“ADA”). Tenant shall, or occupancy upon 5 days’ written notice Landlord, discontinue any use of the Premises which is declared by Tenant during the term any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Legal Requirement. Tenant shall not use or permit the Premises to be used for any purpose or in any manner that would void or Landlord’s insurance, increase the insurance cost, or cause the disallowance of any sprinkler or other credits. Tenant shall reimburse Landlord promptly upon demand for any additional charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from Premises from extending into Common Areas, or other space in the Project. 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 capacity of the as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that will tend are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to create waste Tenant’s use or a nuisance oroccupancy of the Premises. Notwithstanding any other provision herein to the contrary, if there Tenant shall be more than one tenant 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 building containing same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, which and Tenant shall unreasonably disturb indemnify, defend, hold and save Landlord harmless from and against any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made and all Claims arising out of or in connection with any representation or warranty to Tenant as to the suitability failure of the Premises for to comply with any Legal Requirement (to the conduct extent that such Claims do not arise from the failure of Tenant's businessLandlord’s Work to comply with any Legal Requirements).
Appears in 2 contracts
Sources: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)
Use. (a) Tenant shall use the Premises only for general office use, the Permitted Use (as a data processing center and other reasonably related activities, or only as otherwise outlined and stated defined in this lease and for no other purpose without the Landlord's prior written consentBasic Lease Information). Tenant shall not dooccupy or use the Premises, bring or keep anything in or about 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 deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will cause a cancellation of in any insurance covering the Premises way invalidate or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If increase the rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance carried by the Landlord is increased as a result reason of Tenant's usefailure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, Tenant shall pay employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord within ten (10) days after written demand from Landlordin the management of the Building, the amount of any such increaseProperty or the Park. Tenant shall will maintain the Premises in a clean, healthful and safe condition and will comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulationsregulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. For purposes Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of this clause, a "material capital improvement" shall mean any capital improvement, each such license or series of capital improvements within any calendar year, costing in excess of $25,000permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the use of Premises, or do or permit anything to be done in the Premises Premises, in any manner that will tend which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or is likely to create waste cause injury to the Building or any equipment, facilities or systems therein; (iii) constitutes a nuisance or, if there shall be more than one tenant violation of the building containing Legal Requirements; (iv) materially impairs the Premisescharacter, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation reputation or warranty to Tenant as to the suitability appearance of the Premises for Building as Class A office Buildings; or (v) materially impairs the conduct proper and economic maintenance, operation and repair of Tenant's businessthe Building and/or its equipment, facilities or systems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
Use. Tenant (a) The Premises shall use the Premises be used only for general office use, as a data processing center executive and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises administrative offices for the conduct of Tenant's business, limited to the uses specifically set forth in the Basic Lease Information and for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant's use and occupancy of the Premises, or if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord as Additional Rent.
(b) Tenant agrees that the floor load resulting from Tenant's furniture, inventory and equipment pertaining to Tenant's use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall distribute floor loading in accordance with design loads for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant's negligence or failure to comply with this Paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)
Use. Tenant The demised premises shall use the Premises be used only for the purpose of general office useoffice, receiving, storing, manufacturing, repairing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto, and subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with the premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which their premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the premises to be used for any purpose or in any manner, including, without limitation, any method of storage which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the premises, or if Tenant vacates the premises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant premises shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000exceed allowable design floor loading for floor slabs on grade. Tenant shall not use hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of repair caused by Tenant's businessnegligence or failure to comply with this paragraph.
Appears in 2 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Use. Tenant shall may use the Premises only Property for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated any lawful purpose. At all times such use shall be in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply compliance with all laws concerning the Premises or Tenant's use of the Premisesapplicable Laws, including without limitationlimitation any zoning, occupancy, permit and license requirements, and in compliance with all rules, regulations, orders and requirements of the American Insurance Association (formerly, the obligation at Tenant's cost to alter, maintain, National Board of Fire Underwriters) or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000successor organization. Tenant shall not use the Premises in a manner so as to cause cancellation of Landlord’s insurance policies or permit increase the premiums thereunder. Landlord makes no representation that such use of the Premises in any manner will comply with applicable zoning requirements or other Laws. The parties agree that will tend to create waste or a nuisance or, if there Tenant shall be more than one tenant of the building containing the Premisessolely responsible for obtaining, which shall unreasonably disturb at Tenant’s sole cost and expense, any necessary zoning or other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made governmental approvals, variances, special use permits or otherwise satisfying any representation or warranty to Tenant as to the suitability such requirements for Tenant’s use and occupancy of the Premises for (including, without limitation, compliance with building code and similar regulations applicable to the conduct Premises), without, however, in doing so adversely affecting Landlord or impairing in any way Landlord’s current and permitted use of the Premises; and Landlord makes no warranty or representation whatsoever that any of the foregoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, and Tenant shall obtain at its sole cost and expense any approval required by such Laws. Any sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Premises affected by the removal of Tenant's business’s signs shall be restored to its condition as it existed as of the Lease Commencement Date, at Tenant’s sole cost and expense.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Use. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and the purposes stated in this lease Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for no other purpose without the Landlord's prior written consentinspection throughout the Term, all governmental approvals, licenses and permits, if any, required for the proper and lawful conduct of Tenant's business in the Premises. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that which will cause a cancellation in any way interfere with the rights of other occupants of the Building, 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Premises or the building in which the Premises are located; provided that Tenant's use Building, and/or their contents (unless Tenant agrees to pay for those purposes specified in the preceding sentence such increases), and shall not be prohibited. If the rate of any comply with all applicable 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 increaseunderwriters rules. Tenant shall comply at its expense with all laws concerning the Premises present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or Tenant's its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the obligation at whether or not Tenant's cost to alter, maintain, compliance will necessitate expenditures or restore the Premises in compliance interfere with its use and conformity with all laws relating to the condition, use, or occupancy enjoyment of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 2 contracts
Sources: Industrial Lease (Minimed Inc), Industrial Lease (Minimed Inc)
Use. Tenant (a) The Premises shall use the Premises be used only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease use and 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 (the "Permitted Use"); however, no store-front retail sales ------------- may be made from the Premises. Tenant may not use any part of the Premises for any use other purpose than office use without the Landlord's prior written consent, which shall not be unreasonably withheld. Tenant shall not do, bring or keep anything in or about use the Premises to receive, store or handle any product, material or merchandise that will is explosive or highly inflammable or hazardous, except in compliance with all applicable Laws and in accordance with Section 25. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the Premises to be used for any purpose or in any manner that would (1) void the insurance thereon, (2) increase the insurance risk, or (3) cause a cancellation the disallowance of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibitedsprinkler credits. 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 on demand from any increase in the cost of any insurance on the Premises incurred by Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or which is caused by Tenant's use of the Premises or because Tenant vacates the Premises, including without limitation, .
(b) Tenant and its employees and invitees may use the obligation at Tenant's cost to alter, maintain, or restore the Premises parking areas described in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant Exhibit E. Landlord shall not be obligated responsible for enforcing --------- Tenant's parking rights against third parties.
(nor shall Landlordc) Notwithstanding anything in this Lease to make any material capital improvements required by such lawsthe contrary, ordinancesas between Landlord and Tenant, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit bear the use risk of complying with Title III of the Premises Americans with Disabilities Act of 1990, the Texas Elimination of Architectural Barriers Act, and all rules, regulations, and guidelines promulgated under either of such acts, as they may be amended from time to time (collectively, the "Disabilities ------------ Acts"), in any manner the Premises. However, Landlord warrants that will tend to create waste or a nuisance or, if there the Building shell ---- shall be more than one tenant in compliance with the Disabilities Acts and other applicable laws as of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessCommencement Date.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)
Use. Tenant shall (A) Subtenant may use the Demised Premises only solely for general office the purpose of manufacturing, distributing and warehousing fabrics and materials used in connection with its operations. Provided however, as to manufacturing, the Subtenant shall not use the Demised Premises for the manufacturing of fabrics and materials until Master Landlord consents to said use in a separate writing signed by Master Landlord a copy of said consent shall be provided to Landlord. Furthermore, in the event Master Landlord consents to said manufacturing use, as a data processing center Subtenant represents and other reasonably related activitieswarrants that the use will comply with all relevant codes, rules, regulations and laws. Subtenant shall not use or only as otherwise outlined and stated in this lease and permit the Demised Premises to be used for no any other purpose without first obtaining the Landlord's prior written consent. Tenant Subtenant shall indemnify and hold Landlord harmless of and from all fines or penalties imposed by law arising by reason of the violation by Subtenant of any laws, rules, ordinances or regulations or other governmental requirements relating to the conduct of business in Demised Premises, or the use or occupancy thereof, issued by any governmental authority having jurisdiction over the Demised Premises.
(B) Subtenant agrees for itself, its partners, successors and assigns, its officers, its directors, its parent, affiliated and subsidiary corporations and any party affiliated with it, that none of the foregoing shall use, suffer, permit or consent to the use or occupancy of the Demised Premises or any part thereof as an automobile or truck parts store/warehouse or for the sale of automobile and truck parts, supplies or accessories for as long as this Sublease is in effect. Additionally, Subtenant shall not douse, bring suffer, permit or keep anything in or about consent to the Premises that will cause a cancellation use of any insurance covering the Premises or Demised Premises for advertising purposes, including but not limited to billboards or other signs, whether freestanding or placed on the building located on the Premises, except as permitted herein, for so long as this Sublease is in which effect.
(C) If, due to any act or omission (or alleged act or omission) of Subtenant, or its agents or contractors, any mechanic's or other lien, charge or order for payment of money or other encumbrance shall be filed against Landlord and/or Master Landlord or any portion of the Demised Premises are located; provided that Tenant's use for those purposes specified in (whether or not such lien, charge, order, or encumbrance is valid or enforceable as such), Subtenant, shall at its own cost and expense cause the preceding sentence shall not same to be prohibited. If the rate discharged of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord record or bonded around within ten (10) days after written demand from notice to Subtenant; and Subtenant shall indemnify defend, with counsel approved by Landlord and Master Landlord, and hold harmless Landlord and Master Landlord and all mortgagees against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorney's fees, resulting therefrom. If Subtenant fails to comply with the amount foregoing provisions, Landlord or Master Landlord shall have the option of discharging or bonding around any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premiseslien, including without limitationcharge, the obligation at Tenant's cost to alter, maintainorder, or restore encumbrance, and Subtenant agrees to reimburse Landlord or Master Landlord, as the Premises case may be, promptly upon demand, for all actual costs, expenses and other sums of money in compliance and conformity connection therewith (as additional rent) with all laws relating to interest accruing at the condition, use, rate of ten percent (10%) per annum from the date Landlord notifies Subtenant of such discharge or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessbonding.
Appears in 1 contract
Use. Tenant shall use the Premises only solely for general office usethe Permitted Use specified in the Summary, as a data processing center and shall not use or permit the Premises to be used for any other reasonably related activities, use or only as otherwise outlined and stated in this lease and for no other purpose whatsoever without the Landlord's ’s prior written consentapproval. Tenant shall not doobserve and comply with the Rules and Regulations attached hereto as Exhibit E, bring 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 keep anything in non-performance by any other tenant or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount occupant of any such increaseRules and Regulations. Tenant shall shall, at its sole cost and expense, observe and comply with all laws concerning Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises hereafter in compliance and conformity with all laws force relating to or affecting the condition, use, occupancy, alteration or occupancy improvement of the Premises by Tenant during (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the term Premises and regardless of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes the period of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing time remaining in excess of $25,000the Term). Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the use rights of other tenants or occupants of the Premises in any manner that will tend to create waste Building or a nuisance orthe Property, if there any, or injure or annoy them. Tenant shall be more than one tenant of the building containing not cause, maintain or permit any nuisance in, on or about the Premises, which shall unreasonably disturb the Building or the Property, nor commit or suffer to be committed any other tenant. Tenant hereby acknowledges that neither waste in, on or about the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessPremises.
Appears in 1 contract
Use. Tenant shall use the Premises only for general office useoffice, as a data processing center electronics design, manufacturing, storage and other reasonably related activities, laboratory research (including laboratory research with rodents) or only as otherwise outlined and stated in this lease Lease, and for no other purpose without the Landlord's ’s prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's ’s use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's ’s use of the Premises, including without limitation, the obligation at Tenant's ’s cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Lease. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Subject to satisfactory completion of Tenant Leasehold Improvements, Tenant hereby accepts the Premises in their condition existing as of the date that Tenant possesses the Premises, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the use of the Premises and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges that neither the Landlord nor the Landlord's ’s agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's ’s business.
Appears in 1 contract
Use. Tenant shall use the Leased Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease video production services and for no other purpose without whatsoever. Tenant shall use and occupy the Landlord's prior written consentLeased Premises in a careful, safe and proper manner and shall keep the Leased Premises in a clean and safe condition and in accordance with applicable legal requirements. Tenant shall not douse, bring occupy or keep permit the Leased Premises to be used or occupied, nor do or permit anything to be done in the Leased Premises in a manner that would in any way violate any applicable laws, rules or about regulations or certificate of occupancy affecting the Building. Tenant shall promptly observe and comply with all applicable laws, rules and regulations relating to the Leased Premises or Tenant’s use thereof. In particular no use shall be made or permitted to be made of the Leased Premises, nor acts done that will increase the existing rate of insurance upon the Building, or cause a cancellation of any insurance policy covering the Premises Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the building in which the Premises are located; provided Leased Premises, any article that Tenant's use for those purposes specified in the preceding sentence shall not may be prohibited. If the rate of any insurance carried prohibited by the Landlord is increased as a result standard form of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000fire insurance policies. Tenant shall not use commit, or suffer to be committed any public or private nuisance, or other act or thing that disturbs the quiet enjoyment of Landlord or any other tenant at the Property. Tenant shall also specifically not permit the use storage of the Premises flammable products (other than for cleaning products), batteries (other than for replacement in any manner that will tend to create waste operating equipment), fertilizer, charcoal or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenantsimilar items that cause objectionable odors to escape or be emitted from the Leased Premises. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation shall ensure sanitation and freedom from odor, smell and infestation from rodents or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessinsects.
Appears in 1 contract
Sources: Lease Agreement
Use. Throughout the Term (hereinafter defined) of this Lease, Tenant shall continuously use and occupy the Premises only for general office useand executive offices, as warehousing and the installation, operation and maintenance of telecommunications equipment and transmission facilities, including but not limited to, a data processing center switch facility and customer collocation provising equipment, and other reasonably uses normally related activities, or only as otherwise outlined and stated in this lease thereto (the "Permitted Use") and for no other purpose purpose. Tenant at its sole expense shall comply with all laws, rules, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers, pursuant to law, which will impose any duty upon Landlord or Tenant with respect to or arising out of Tenant's use or occupancy of the Premises. If Tenant receives notice of any violation of law, ordiance, order or regulation applicable to the Premises, it shall give prompt notice thereof to the Landlord. Tenant shall not injure, overload, deface or commit waste in the Premises, or any part of the Building, nor permit the occurrence of any nuisance therein or, unless otherwise permitted herein, the emission therefrom of any objectionable noise or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or ordinance or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of the Building or appurtenant land. Tenant may not, without the Landlord's prior written consent. Tenant shall not do, bring or keep anything install in or about the Premises that will cause a cancellation of any insurance covering the Premises water fountains, refrigerators, sinks or the building in which the Premises are located; cooking equipment, provided that TenantLandlord's use for those purposes specified in the preceding sentence shall consent will not be prohibited. If unreasonably withheld with respect to items designed for the rate of any insurance carried by the Landlord is increased as a result convenience of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance employees and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease further provided that Tenant shall special venting or other matters are not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessconnection therewith.
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Use. Provided that Natus Medical, Inc. has not assigned this Lease --- or sublet any or all of the Premises other than to an Affiliate (it being intended that all rights pursuant to this provision are and shall be personal to the original Tenant under this Lease its Affiliates, and shall not be transferable or exercisable for the benefit of any Transferee other than an Affiliate [as the terms Affiliate and Transferee are hereinafter defined]), Tenant shall occupy and use the Premises only for general office usedevelopment, as a data processing center manufacturing and other reasonably sale of medical devices, including warehousing, administrative and sales functions related activitiesthereto, or only as otherwise outlined and stated in this lease and for no other purpose without use or purpose. Any Transferee (other than an Affiliate) shall occupy and use the LandlordPremises for general business office purposes, light industrial, office flex and research and development uses consistent with a high quality light industrial/research and development park and for no other use or purpose; provided, further that any Transferee shall not use heavy machinery in manufacturing, and shall fully comply with the provisions of Section 5.2 below. Tenant shall comply with all present and future Laws relating to Tenant's prior written consentuse or occupancy of 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). Tenant shall not do, bring bring, keep or keep sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises Property or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part thereof. Tenant shall not use or permit the use of the Premises to be occupied or used in any manner that will tend to create constitute waste or a nuisance ornuisance, if there or disturb the quiet enjoyment of or otherwise annoy other tenants in the Building. Without limiting the foregoing, the Premises shall not be more than one tenant used to manufacture goods or products (except as permitted above for Natus Medical, Inc. and its Affiliates), for educational activities (except as incidental to the permitted use contained above), practice of medicine or any of the building containing healing arts (except such limitation shall not be applicable to the Premisesresearch, which shall unreasonably disturb development, manufacturing and sales of medical devices by Natus Medical, Inc. and its Affiliates, as provided above), providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office (except as incidental to the permitted use contained above), studios for radio, television or other tenantmedia, travel agency or reservation center operations or uses, so long as all of the exceptions contained in this sentence do not exceed the parking limitations contained in Section 35 of this Lease. Tenant hereby acknowledges shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that neither may cause substantial noise, odor or vibration, overload the Landlord nor floors in the Landlord's agent has made Premises or the Building or any representation of the heating, ventilating and air-conditioning ("HVAC"), mechanical, plumbing, electrical, fire protection, life safety, or warranty to Tenant as other systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the suitability utility systems of the Premises for the conduct of Building any apparatus, machinery or other equipment other than typical office equipment and light industrial manufacturing equipment consistent with Tenant's businesspermitted use contained hereinabove; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit.
Appears in 1 contract
Sources: Lease Agreement (Natus Medical Inc)
Use. Tenant The Premises shall use the Premises be used only for general office usepurposes, as a data processing center including software demonstration and other reasonably related activitiestraining, or only as otherwise outlined and stated in this lease and for no other purpose without purposes, which use shall be consistent with use of other first class office buildings in the Landlord's prior written consentDenver Technological Center. Tenant will use the Premises in a careful, safe and proper manner and shall not commit waste, overload the floors or structure of the Premises, or subject the Premises to any use that would damage the Premises. Tenant shall not dopermit any objectionable or unpleasant odors, bring smoke, dust, gas, noise, or keep anything vibrations to emanate from the Premises, or take any other action that would constitute a nuisance. Outside storage, including without limitation, storage of trucks and other vehicles (except vehicles used in or about connection with Tenant's business), is prohibited except to the Premises that will cause a cancellation extent permitted by and in accordance with any conditions imposed under applicable Legal Requirements (defined in the following Paragraph) and recorded covenants. Tenant shall pay the amount of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified increase in the preceding sentence shall not be prohibited. If the rate cost of any insurance carried by Landlord for the Landlord Premises that is increased as a result of caused by Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, use of the amount of any such increasePremises. Tenant shall comply with all laws concerning covenants or restrictions of record applicable to the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost and any reasonable rules and regulations with respect to alter, maintain, or restore the Premises that are not inconsistent with this Lease promulgated by Landlord in compliance and conformity accordance with all laws relating this Lease after reasonable notice to the condition, use, or occupancy Tenant. Any occupation of the Premises by Tenant during before the term Rent Commencement Date shall be subject to all obligations of Tenant under this Lease. Anything in this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability contrary notwithstanding, Tenant may use a portion of the Premises for a cafeteria providing food services to its employees and invitees, and a portion of the conduct basement of the Premises for a florist shop for employees and invitees, subject in each case to the following conditions: (i) Tenant, at its cost, shall obtain and maintain all required permits and licenses and shall comply with all Legal Requirements applicable to each such use; (ii) such cafeteria and florist shop shall not be open to the general public; (iii) the portion of the Premises used for such cafeteria and florist shop shall be subject to Landlord's businessreasonable approval; and (iv) if Tenant employs or contracts with any third party vendors to provide food or beverage services or operation of or services within the florist shop, any such vendor shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed and Tenant shall be solely responsible for compliance by any such vendor with the requirements of this Paragraph. In addition, the following conditions shall apply with respect to the florist shop: (a) the area of the basement of the Premises occupied by such shop and any related storage facilities shall not exceed 1,000 square feet; (b) the florist shop and any fixtures and equipment incorporated therein shall not be deemed to be part of the Initial Improvements and Landlord shall have no obligation to pay any of the cost of such items; and (c) any alterations or additions to the Premises in connection with the florist shop (including the initial construction thereof) shall be deemed to be Alterations subject to the provisions of Section 11.
Appears in 1 contract
Use. Tenant The demised premises shall use the Premises be used only for general office usethe purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premisespremises, including without limitationand shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the obligation premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable, Tenant will not permit the use of the Premises premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or a nuisance or, if there shall be more than one tenant other Tenants for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the building containing premises, or if Tenant vacates the Premisespremises and causes an increase in such premiums, which then Tenant shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither pay as additional rental the Landlord nor the amount of such increase to Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Aetrium Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, and shipping retail products, materials and merchandise made and/or distributed by Tenant (which may include distribution of alcoholic beverages as part of its home grocery distribution business for off-site consumption), product preparation, grocery store services (for off-site delivery), and for such other lawful purposes as may be incidental thereto. In addition, to the extent legally necessary to enable Tenant to sell off-site distribution of alcoholic beverages as part of its home grocery distribution business, Tenant may operate an on-site store for the retail sale of alcoholic beverages, of a size and capacity not larger than the minimum reasonably necessary, in the opinion of Tenant's counsel to qualify the license needed for the sale of off- site delivery of alcoholic beverages as part of Tenant's grocery distribution business, provided that the same complies with all applicable legal requirements and that any alterations to the Building, Premises or lot on which the building stands which may be required as the result of operating a retail alcoholic beverage store in the Premises are paid by Tenant at its sole cost and expense. Tenant shall not conduct or give notice of any auction (other than internet related for delivery by Tenant to its customers), liquidation, or going out of business sale on the Premises. Tenant will use the Premises only for general office usein a careful, as safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a data processing center nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other reasonably related activitiesvehicles (other than Tenant's delivery vehicles to be stored in a designated truck parking area to be constructed by Tenant), or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (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. 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 desired use of the Premises permitted hereby would void Landlord's insurance as provided in the preceding sentence, Tenant shall not dohave the right to find other insurance for Landlord providing the same coverages as Landlord's insurance and from an insurance company having a rating equal or greater than the rating enjoyed by Landlord's insurance carrier, bring or keep anything in or about order for Tenant to so use the Premises that will cause a cancellation Premises. If any increase in the cost of any insurance covering on the Premises or the building in which the Premises are located; provided that Project is caused by Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use occupation of the Premises, including without limitationor because Tenant vacates the Premises, then Tenant shall pay the obligation at Tenant's cost amount of such increase to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy Landlord. Any occupation of the Premises by Tenant during prior to the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there Commencement Date shall be more subject to all obligations of Tenant under this Lease, other than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty obligation to Tenant as to the suitability of the Premises for the conduct of Tenant's businesspay Base Rent and Operating Expenses.
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Use. Tenant shall use and occupy the Premises only for general office usethe Permitted Uses set forth in Section 1.01(e) hereof, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentpurposes. Tenant shall not do, bring use or keep anything in or about the Premises that will cause a cancellation of any insurance covering permit the Premises or any portion thereof to be used for any purpose other than the building Permitted Uses or for any unlawful purpose or in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useunlawful manner, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant and shall comply with the CCR and all laws concerning the Premises or Tenant's use of the Premisesfederal, including without limitationstate, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such local governmental laws, ordinances, orders, rules and regulations. For purposes regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this clauseLease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, a "material capital improvement" shall mean Landlord agrees that Tenant may enter into contracts or subleases with third party vendors of Tenant's choice for the purpose of operating any capital improvement, or series of capital improvements within any calendar year, costing the facilities referred to in excess of $25,000the Permitted Uses in Section 1.01(e). Tenant shall not use do or permit anything to be done in the use Premises, nor bring or keep anything therein which will in any way cause cancellation of any insurance policy covering the Project or any part thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Premises in any manner that will tend to create waste Tenant-Related Parties or a nuisance ortheir conduct of business for other than the Permitted Uses, if there shall be more than one tenant any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do anything in or about the Premises and/or Project which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the building containing Project. Tenant shall not permit any nuisance in, on or about the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither shall not commit or suffer to be committed any waste in or upon the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessPremises.
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Use. Tenant The Premises shall use the Premises only be used and occupied for general business office useand administrative purposes, as manufacturing and warehousing, research and development and for other legal related uses incidental to the operation of a data processing center and other reasonably related activitiesmedical instrumentation company, or only as otherwise outlined and stated in this lease and for no other purpose without use or purpose. Tenant shall comply with all present and future Laws relating to Tenant’s use or occupancy of the Landlord's prior written consentPremises, 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 cost thereof shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above), and shall observe the “Building Rules” (as defined in Section 27 - Rules and Regulations). Tenant shall not do, bring bring, keep or keep sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises Property or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part thereof. Tenant shall not use or permit the use of the Premises to be occupied or used in any manner that will tend to create constitute waste or a nuisance ornuisance, if there or disturb the quiet enjoyment of or otherwise annoy other tenants in the Project. Without limiting the foregoing, the Premises shall not be more than one tenant used to manufacture goods or products, for educational activities, practice of medicine or any of the building containing healing arts, 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. Notwithstanding the Premisesforegoing, which Tenant (including its Affiliates) shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither have the Landlord nor the Landlord's agent has made any representation or warranty right to Tenant as use from time to the suitability time a portion of the Premises for training sessions for Tenant’s employees, and customers so long as the conduct number of Tenant's businesspeople attending such training at any given time comply with the parking limitations contained in Section 35 of this Lease. Tenant shall not, without the prior consent of Landlord, 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) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated capacity of the circuit. Tenant shall honor and comply with the terms of all recorded covenants, conditions and restrictions relating to the Property.
Appears in 1 contract
Use. Tenant shall use occupy the Premises only solely for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and the Permitted Use. The Premises shall not be used for no any other purpose without the prior written consent of Landlord. Subject to Landlord's prior written consent. obligation to deliver the Premises to Tenant in compliance with applicable laws, rules and regulations (except as the same is limited under EXHIBIT B), Tenant shall not docomply, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that at Tenant's use for those purposes specified in expense, with (i) all present and future laws, ordinances, regulations and orders of the preceding sentence shall not be prohibited. If United States of America, the rate Commonwealth of Virginia and any insurance carried by the Landlord is increased as a result of other public or quasi-public federal, state or local authority having jurisdiction over Tenant's use, occupancy and operations within the Premises, and (ii) any reasonable requests of Mortgagee or any insurance company providing coverage with respect to the Premises. The foregoing notwithstanding, Landlord shall remain responsible for any improvements required by the Americans with Disabilities Act, any by applicable life, fire and safety codes or similar laws, rules and regulations, except (i) Tenant shall pay be responsible for all of the foregoing to Landlord within ten the extent arising out of (10A) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's specific use of the Premises, including without limitation, (B) the obligation at failure of Tenant Improvement designed by Tenant's cost architect pursuant to alterEXHIBIT B to so comply, maintainunless (1) such failure is the result of deviations in construction from Approved Plans, or restore (2) the Premises applicable item within such Approved Plans would have been in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinancescodes and regulations but for such deviation(s), ordersand (3) such deviation is itself NOT due to the acts or omissions of a general contractor, rules subcontractor or other party designated or selected by Tenant, and/or (C) any Alterations to the Premises made by or on behalf of Tenant, and regulations. For purposes (ii) Landlord shall have the right to include the expenses associated with any such improvements as Operating Expenses to the extent permitted under Sections 7.2 and 7.3 of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000the Lease (and subject to the limitations set forth therein). Tenant shall not use or permit the use of occupy the Premises in any manner that will tend to create waste is unlawful or dangerous or that shall constitute waste, unreasonable annoyance or a nuisance or, if there shall be more than one tenant to Landlord or the other tenants of the building containing Building. Tenant shall not use, store or dispose of any hazardous, dangerous, inflammable, toxic or explosive materials on the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant than Permitted Materials (as defined in, and solely to the suitability extent allowed under, Article 26 of the Premises for the conduct of Tenant's businessthis Lease).
Appears in 1 contract
Use. Tenant shall use the Premises only for general office usethe uses set forth in Section 1 above, as a data processing center and other reasonably related activities, shall not use or only as otherwise outlined and stated in this lease and permit the Premises to be used for no any other purpose without the Landlord's prior written consentconsent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not do, bring use or keep anything in or about occupy the Premises that will cause in violation of law or of the Certificate of Occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a cancellation violation of law or of said Certificate of Occupancy. Tenant shall comply with any direction of any insurance covering direction of any governmental authority having jurisdiction which shall, by reason of the Premises or the building in which the Premises are located; provided that nature of Tenant's use for those purposes specified in or occupancy of the preceding sentence shall not be prohibited. If Premises, impose any duty upon Tenant or Landlord with respect to 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 increaseuse or occupation thereof. Tenant shall comply with all laws concerning rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or Tenant's interfere with the rights of other tenants or occupants of the Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all restrictive covenants and obligations created by private contracts which affect the use and operation of the Premises, including without limitationthe Building, the obligation at Tenant's cost to alter, maintain, Common Area or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Project. Tenant shall not use commit or permit suffer to be committed any waste in or upon the use of Premises and shall keep the Premises in first class repair and appearance. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the building structure or to any manner that will tend to create waste or a nuisance or, if there other space in the building shall be more than one tenant of the building containing the Premisesso installed, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to maintained and used by Tenant as to the suitability of the Premises eliminate such vibration or noise. Tenant shall be responsible for the conduct of Tenant's businessall structural engineering required to determine structural load.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only 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 general office useany purpose or in any manner that would void Tenant’s or Landlord’s insurance, as a data processing center and other reasonably related activitiesincrease the insurance risk, or only as otherwise outlined and stated in this lease and for no cause the disallowance of any sprinkler or other purpose without the Landlord's prior written consentcredits. Tenant shall not do, bring or keep anything in or about permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that will cause a cancellation of any insurance covering would damage the Premises or obstruct or interfere with the building rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Premises are Project is located; provided that ) and at Tenant's use for those purposes specified in ’s expense (to the preceding sentence shall not be prohibited. If the rate of any insurance carried extent such Legal Requirement is triggered by the Landlord is increased as a result reason of Tenant's use’s, Tenant shall pay as compared to Landlord within ten (10) days after written demand from Landlordother tenants of the Project, the amount particular use of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's ’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, including 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, the obligation at reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, ’s particular use or occupancy of the Premises by or Tenant’s Alterations, and Tenant during 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 term Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of this Lease provided the Premises or Tenant’s Alterations.
732202571.1 Tenant acknowledges that Tenant Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (nor shall Landlord) to make any material capital improvements required by such lawsLEED), ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvementWELL Building Standard, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit other similar “green” certification with respect to the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing Project and/or the Premises, which shall unreasonably disturb any other tenant. and Tenant hereby acknowledges that neither the agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessmay reasonably request, in connection therewith.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.)
Use. Tenant shall use the Premises only for general office use, purposes consistent with the character of the Building as a data processing center first-class office building and other reasonably related activities, shall not use or only as otherwise outlined and stated in this lease and permit the Premises to be used for no any other purpose without the Landlord's ’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Nothing contained herein shall not do, bring or keep anything in or about be deemed to give Tenant any right to use any portion of the Premises that will cause a cancellation of any insurance covering the Premises Building or the building in which the Premises are located; provided that Tenant's use Project for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, parking for Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises’s employees, including without limitation, the obligation at Tenant's cost to alter, maintain, visitors or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000invitees. Tenant shall not use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises in which is declared by any manner that will tend governmental authority having jurisdiction to create waste be a violation of law or a nuisance orof said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, if there shall be more than one tenant by reason of the building containing 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 shall unreasonably disturb will invalidate or increase the cost of any fire, extended coverage or any other tenantinsurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant hereby acknowledges that neither shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the Landlord nor provisions of this Article. Tenant shall not do or permit anything to be done in or about the Landlord's agent has made Premises which will in any representation way obstruct or warranty to Tenant as to interfere with the suitability rights of other tenants or occupants of the Project, or injure or annoy them, or use or allow the Premises to be used for the conduct of Tenant's business.any improper, immoral, unlawful or objectionable
Appears in 1 contract
Use. Tenant shall use the Premises and Common Areas only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and the purposes stated in this lease Item 3 of the Basic Lease Provisions, all in accordance with applicable Laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for no other purpose without Landlord’s inspection throughout the Landlord's prior written consentTerm, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises. Tenant shall not do, bring use or keep anything in or about allow the Premises that will cause a cancellation of to be used for any insurance covering unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified Project. Tenant shall not perform any work or conduct any business whatsoever in the preceding sentence shall not be prohibited. If Project other than inside 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 increasePremises. Tenant shall comply at its expense with all laws concerning the Premises present and future Laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or Tenant's its use of the Premises, including without limitationlimitation all federal and state occupational health and safety requirements, the obligation at whether or not Tenant's cost to alter, maintain, ’s compliance will necessitate expenditures or restore the Premises in compliance interfere with its use and conformity with all laws relating to the condition, use, or occupancy enjoyment of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Premises. Tenant shall not use or permit the use of the Premises in promptly upon demand reimburse Landlord for any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct additional insurance premium charged by reason of Tenant's business’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises only solely for general office use, as a data processing center and other reasonably related activities, the purposes set forth in Section 1.13. Landlord or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that nor bring or keep anything therein which will in any way cause a the cancellation or increase the existing rate of any fire or other insurance covering upon the Premises or the building Project. Landlord or Tenant shall not do or permit anything to be done in which or about the Premises are located; provided that Tenant's use for those purposes specified in which will obstruct or interfere with the preceding sentence shall not be prohibited. If reasonable rights of other tenants or occupants of the rate of any insurance carried by the Project and Landlord is increased as a result of Tenant's use, or Tenant shall pay prevent odors, emissions, fumes, liquids or other substances or excessive noise from escaping or extending beyond the Premises, nor shall Landlord or Tenant use or allow the Premises or common areas of the Project to Landlord within ten (10) days after written demand from Landlord, the amount of be used for any such increaseunlawful or extra hazardous purpose. Tenant shall comply with all laws concerning the Premises refrain from using or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit permitting the use of the Premises or any portion thereof as living quarters, sleeping quarters or for lodging purposes. Tenant shall, at its sole cost and expense, promptly comply in all material respects with all applicable federal, state, county, or municipal laws, ordinances, rules, regulations, directives, covenants, restrictions, orders and/or requirements now in force or which may hereafter be in force with respect to Tenant's specific use and occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Landlord or Tenant in any manner action against Landlord or Tenant, whether Landlord or Tenant be a party thereto or not, that will tend to create waste Landlord or a nuisance orTenant has violated any related law, if there statute, ordinance or requirement, shall be more than one tenant conclusive of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the fact as between Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of and Tenant's business.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purpose of general office useoffice, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Subject to the provisions of this Lease dealing with Access Laws, Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not dolimited to those regarding the correction, bring or keep anything prevention and abatement of nuisances in or about upon, or connected with, the Premises that will cause Premises, all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a cancellation nuisance or would disturb or endanger any other tenants of any insurance covering the Premises or the building in which the Premises are located; provided that Tenantsituated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useprior written consent, Tenant shall pay to Landlord within ten (10) days after written demand from Landlordnot receive, the amount of store or otherwise handle any such increaseproduct, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all laws concerning will not permit the Premises to be used for any purpose or in any manner (including without limitation any method or storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant's use of the PremisesPremises shall result in an increase in insurance premiums, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises solely responsible for the conduct of Tenant's businesssaid increase.
Appears in 1 contract
Sources: Lease Agreement (Applied Voice Technology Inc /Wa/)
Use. Tenant The Sublet Premises shall use the Premises be used only for the purpose of manufacturing, storing and distributing airplane parts and aircraft welded assemblies, and storing, cutting and distributing metal plates for aircraft, and for such other lawful purposes as may be incidental thereto, including general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose . Outside storage is prohibited without the LandlordSublessor's prior written consent. Tenant Sublessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Sublet Premises, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of conditions or nuisances in or upon, or connected with, the Sublet Premises, all at Sublessee's sole expense. Sublessee shall not dopermit any objectionable or unpleasant odors, bring smoke, dust, gas, noise or keep anything in vibrations to emanate from the Sublet Premises, nor take any other action which would constitute a nuisance or about the Premises that will cause a cancellation would disturb or endanger any other tenants of any insurance covering the Premises or the building in which the Sublet Premises are located; provided that Tenantsituated or unreasonably interfere with their use of their respective premises. Without Sublessor's use for those purposes specified in the preceding sentence prior written consent, Sublessee shall not be prohibitedreceive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. 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 increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall Sublessee will not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Sublet Premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would (i) cause the existing fire sprinkler system to create waste be inadequate under existing laws and codes, or a nuisance or, if there shall be more than one tenant (ii) render the insurance thereon void or cause the insurance premiums to increase or cause the State Board of the building containing the Premises, which shall unreasonably disturb Insurance or other insurance authority to disallow any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssprinkler credits.
Appears in 1 contract
Use. Tenant shall use the Premises only for general office usea Deli Restaurant, as a data processing center serving breakfast, lunch, dinner items and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no catering. To any other purpose without the Landlord's prior written consentconsent of Landlord Tenant shall not use or occupy the Premises in violation of law or of the certificate or occupancy used for the Building of which the Premises are part, 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 the violation of laws or 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 or occupation thereof. Tenant shall not dodo or permit to be done anything which will invalidate or increase the cost of any fire, bring extended coverage or keep any other insurance policy covering the Building and/or property located therein and shall comply with the rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of Paragraph 8. Tenant shall not do or permit anything to be done in or about the Premises that which will cause a cancellation in any way obstruct of any insurance covering interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence objectionable purpose, nor shall not be prohibited. If the rate of Tenant cause, maintain or permit any insurance carried by the Landlord is increased as a result of Tenant's usenuisance in, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises on or Tenant's use of about the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use commit of suffer to be committed any waste in or permit upon the use of Premises and shall keep the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessfirst class repair and appearance.
Appears in 1 contract
Sources: Office Lease (Lucys Cafe Inc)
Use. Tenant The Premises shall use the Premises be used only for general office usethe purpose of receiving, as a data processing center storing, shipping, light manufacturing, and other reasonably related activitiesselling (but limited to wholesale sales) products, or only as otherwise outlined materials and stated in this lease merchandise made and/or distributed by Tenant and for no such other purpose without the Landlord's prior written consentlawful purposes as may be incidental thereto. Tenant shall not doconduct or give notice of any auction, bring liquidation, or keep anything in going out of business sale on the Premises. Tenant shall not commit waste, overload the floors or about structure of the Premises, or subject the Premises to any use that will cause would damage the Premises, reasonable wear and tear excepted. Tenant shall not knowingly 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 cancellation nuisance. Tenant shall pay the amount of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified increase in the preceding sentence shall not be prohibited. If the rate cost 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 increase. Tenant shall comply with all laws concerning for the Premises or that is caused by and reasonably attributable to Tenant's use of the Premises. Tenant shall comply with any restrictive covenants applicable to the Premises and any reasonable rules and regulations with respect to the Premises that are not inconsistent with this Lease promulgated by Landlord after reasonable notice to Tenant. Except as set forth in the Specifications (defined in the Construction Addendum), outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent (which shall not be unreasonably withheld); provided, however, Tenant may temporarily park trucks on the obligation at Premises as long as it is incidental to Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy business. Any occupation of the Premises by Tenant during before the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there Commencement Date shall be more than one tenant subject to all obligations of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessunder this Lease.
Appears in 1 contract
Sources: Build to Suit Lease Agreement (Weider Nutrition International Inc)
Use. Tenant The demised premises shall use the Premises be used only for general office usethe purpose of receiving, storing, manufacturing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be necessary in conducting the business of Tenant. Except as currently being conducted, outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent, not to be unreasonably withheld. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. To the extent known by Tenant, Tenant shall comply with all laws concerning deed restrictions as may affect the Premises or Tenant's premises and all governmental laws, ordinances and regulations applicable to the use of the Premisespremises, including without limitationand, subject to Tenant's right to reasonably contest same, shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the obligation premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not use permit any unlawful odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a legal nuisance. Without Landlord's prior written consent, not to be unreasonably withheld, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable, except as currently being conducted. Tenant will not permit the use of the Premises premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Texas State Board of Insurance or other insurance authority to create waste or a nuisance or, if there shall be more than one tenant disallow any credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord is caused by Tenant's use and occupancy of the building containing premises, or if Tenant vacates the Premisespremises and causes an increase in such premiums, which then Tenant shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither pay as additional rental the Landlord nor the amount of such increase to Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Carlyle Golf Inc)
Use. Tenant (a) The Premises shall use the Premises be used only for general office useoffice, research and development, product testing, and light manufacturing use (generally in accordance with the Space Plan attached hereto as a data processing center Exhibit “A”) and for such other reasonably related activities, or only lawful purposes as otherwise outlined and stated in this lease may be incidental thereto and for no other purpose without the Landlord's prior written consentpurpose, in each case in strict accordance with applicable Laws. Tenant shall not douse, bring or keep anything in or about permit the use of, the Premises to receive, store or handle any product, material or merchandise that will is explosive or highly inflammable or hazardous, except in strict compliance with all applicable laws. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the use, occupancy, and condition of the Premises. Tenant and all Tenant Parties shall comply with all rules and regulations governing the use and occupancy of the Premises which are now or hereafter imposed by Landlord. A copy of the rules and regulations now in force are attached as Exhibit “D”. Tenant shall not cause or permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take or permit any other action that would constitute a cancellation nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor cause or permit the Premises to be used for any purpose or in any manner that would (1) void the insurance thereon, (2) materially increase the insurance risk, or (3) cause the disallowance of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibitedsprinkler credits. 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 on demand from Landlord, any increase in the amount cost of any such increase. Tenant shall comply with all laws concerning insurance on the Premises or the Building incurred by Landlord which is caused by Tenant's ’s use of the Premises.
(b) Tenant and its employees and invitees shall have, including without limitationat no additional cost to Tenant, the obligation at Tenant's cost non-exclusive right to alteruse, maintainin common with others, or restore a maximum of sixty-one (61) surface parking spaces associated with the Premises in compliance that Landlord has designated for such use (including handicapped and conformity with all laws relating visitor parking), subject to the condition(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, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant agents and invitees. Landlord shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises responsible for the conduct of enforcing Tenant's business’s parking rights against third parties.
Appears in 1 contract
Use. Tenant shall only use the Leased Premises only for general office the purposes specified in Section (l) of the Summary and shall open the Span School as soon as reasonably practicable and in no event more than thirty (30) days after the Term Commencement Date. Tenant’s right to access the Leased Premises shall be 24/7. No other uses shall be granted or permitted. Such use shall not permit the placement, storage or use of portable buildings or classrooms on the Leased Premises regardless that such portable building(s) or classroom(s) would support Tenant’s use. ▇▇▇▇▇▇ acknowledges and agrees that the use which ▇▇▇▇▇▇ is permitted to make of the Leased Premises and covenants that its operations on or about the Project are material provisions of this Lease. The Leased Premises and the Project shall not be used for any lewd, as a data processing center and other reasonably related activitieslascivious, immoral or only as otherwise outlined and stated in this lease and for illegal use. In no other purpose without event shall smoking be permitted anywhere on the Landlord's prior written consentProject. Tenant shall not do, bring be permitted to erect or keep anything in display on or about the Premises that will cause a cancellation Project any form of any insurance covering the Premises third party signage or the building in which the Premises are located; provided that Tenant's use for those purposes specified advertising (whether in the preceding sentence form of signs, billboards, electronic media, or otherwise), without first having obtained Landlord’s consent, which consent may be withheld in Landlord’s sole discretion. Notwithstanding any provision in this Lease, use of the Leased Premises for fundraising, other income generating purposes or commercial activities where such activities involve third-party vendors or third-party invitees shall not be prohibited. If the rate considered to be accessory to Tenant’s educational program regardless of any insurance carried by the Landlord is increased as a result of Tenant's use, funds or income generated for Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall a permitted use; provided, that Tenant may conduct such activities in accordance with LAUSD’s practices and policies and subject to Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business’s prior consent.
Appears in 1 contract
Sources: Charter School Lease Agreement
Use. Tenant The leased property shall use be used solely for the Premises only purpose of recreational amenties for general office public use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any insurance carried nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at ▇▇▇▇▇▇'s sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Landlord is increased Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property 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 increase. Tenant shall comply with all laws concerning the Premises or Tenant▇▇▇▇▇▇'s use of the Premises, including without limitationleased property, the obligation at Tenant's cost to alterLessee shall be held similarly responsible. The Lessee shall indemnify, maintaindefend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy expense arising out of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesscontamination.
Appears in 1 contract
Sources: Lease Agreement
Use. After the Commencement Date and during the Term, Tenant --- shall use or cause to be used the Premises only Leased Property and the improvements thereon for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease its Primary Intended Use and for no such other purpose without the Landlord's prior written consent. Tenant shall not do, bring uses as may be necessary or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's incidental to such use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use the Leased Property or any portion thereof for any other use without the prior written consent of Landlord, which consent shall not be unreasonably withheld. No use shall be made or permitted to be made of the Leased Property, and no acts shall be done, which will cause the cancellation of any insurance policy covering the Leased Property or any part thereof, nor shall Tenant sell or otherwise provide to patrons, or permit to be kept, used or sold in or about the use Leased Property any article which may be prohibited by law or by the standard form of fire insurance policies, or any other insurance policies required to be carried hereunder, or fire underwriters regulations. Tenant shall, at its sole cost, comply with all of the Premises in requirements pertaining to the Leased Property or other improvements of any manner insurance board, association, organization or company necessary for the maintenance of insurance, as herein provided, covering the Leased Property and Tenant's Personal Property. Landlord and Tenant acknowledge that will tend Landlord has acquired the Leased Property subject to create waste or a nuisance or, if there shall be more than one tenant the terms of the building containing Existing Instruments and that Tenant will be obligated to perform all obligations under the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither Existing Instruments during the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessTerm.
Appears in 1 contract
Sources: Lease (National Golf Properties Inc)
Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but specifically excluding retail selling) products and for such other lawful purposes as may be incidental thereto. Tenant shall not conduct any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises, Building, and Project in a safe manner and will not commit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any nuisance or objectionable odors, noise, or vibrations to emanate from the Premises. Outside storage is prohibited at the Project. Tenant, at its sole expense, shall use the Premises only for general office usein compliance with all federal, state, local, and municipal laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”). The Premises shall not be used as a data processing center and other reasonably related activitiesplace of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, or only all as otherwise outlined and stated in this lease and may be amended from time to time. The Premises shall not be used for no other purpose without the Landlord's prior written consentresidential purposes. Tenant shall not doshall, bring at its expense, make any alterations or keep anything in or about the Premises that will cause a cancellation of any insurance covering modifications, at the Premises or the building in which Project, that are required by Legal Requirements related to Tenant’s specific use or occupation of the Premises are located; provided as opposed to general warehouse and distribution use. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice, or is otherwise informed, that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date, or which come into effect after the Commencement Date, and such non-compliance is not related to Tenant's ’s specific use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use -Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintainapplicable governmental authority, or restore otherwise brought to Landlord’s knowledge, in order to bring the Premises in into compliance and conformity with all laws relating such applicable Legal Requirements without cost or expense to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulationsTenant. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.Any
Appears in 1 contract
Sources: Lease Agreement (TheRealReal, Inc.)
Use. (a) Tenant covenants that the Demised Premises will not be used so as to adversely interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to adversely interfere with the quiet enjoyment of the other tenants of their respective demised portions of the Building. Landlord shall be the sole judge on the question of noise, noxious fumes and odors, which judgment shall be exercised reasonably by Landlord. Notwithstanding the foregoing, Landlord acknowledges that the normal and customary operation of a semi-conductor business as currently conducted shall not be deemed to adversely interfere with other tenants in the Building or create noise, noxious fumes or odors which adversely interfere with other tenants' quiet enjoyment of their respective demised portions of the Building.
(b) Tenant shall use provide and maintain, at its expense, the hand-held fire extinguishers that are required to be maintained in Demised Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in by the governmental agency having jurisdiction over this lease and for no other purpose without the Landlord's prior written consent. matter.
(c) Tenant shall not doobstruct or encumber, bring or keep anything in cause to be obstructed or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlordencumbered, the amount of any such increase. Tenant shall comply with all laws concerning the Premises sidewalks, area ways or Tenant's use other public portions of the PremisesReal Property, including without limitation, the obligation at Tenant's cost to alterparking area, maintain, or restore the Premises in compliance driveways and conformity with all laws relating access areas adjacent to the conditionDemised Premises and used in conjunction therewith; nor shall Tenant use same nor permit same to be used for any purpose other than ingress and egress to and from the Demised Premises. However, Tenant may use, or occupancy of on an exclusive basis together with Landlord, the loading area appurtenant to the Demised Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules for loading and regulationsunloading. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the In exercising Landlord's agent has made any representation or warranty right to use the aforementioned loading area, Landlord shall provide Tenant as with prior notice of such entry (except in the event of an emergency), and shall use commercially reasonable efforts to the suitability of the Premises for (i) minimize interference with the conduct of Tenant's businessbusiness at the Demised Premises, and (ii) avoid damaging any of Tenant's property located therein. Tenant shall not store any materials, goods or other items outside the building or the Demised Premises including, without limitation, inventory, furniture or equipment, except that Tenant shall have the right to store equipment and materials within the outdoor storage area currently being utilized by Tenant at the Real Property, subject to compliance with all applicable laws, codes, ordinances, rules and regulations applicable with respect to such storage. Notwithstanding anything to the contrary contained in this lease, Landlord agrees that Tenant's employees shall have the right to store bicycles for their personal use either within the Demised Premises or in a bicycle storage area outside of the Building in a location designated by Landlord.
(d) Tenant shall, at its own cost and expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any governmental statute, regulation, ordinance or agency and that all governmental requirements relating to the use or uses of the Demised Premises by the Tenant shall be complied with by the Tenant at its own cost and expense.
(e) Tenant agrees that the value of the Demised Premises and the reputation of the Landlord will be seriously injured if the Demised Premises are used for any obscene or pornographic purposes or if any obscene or pornographic material is permitted in the Demised Premises. Tenant further agrees that Tenant will not knowingly or intentionally permit any of these uses by Tenant or a sublessee or assignee of the Demised Premises. This Paragraph shall directly bind any successors in interest to Tenant. Pornographic material is defined for purposes of this Paragraph as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in Penal Law Section 235.00.
(f) Notwithstanding anything to the contrary contained herein, Landlord shall permit Tenant to (i) install on the roof of the Building in a location mutually acceptable to Landlord and Tenant (it being acknowledged and agreed that, in any event, such location must be directly over the Demised Premises) (the "Approved Roof Area"), equipment to be used in connection with Tenant's business operations at the Demised Premises (the "Equipment"); (ii) use riser and unobstructed, secure shaft space from points of entry in the Building to the Demised Premises, as reasonably designated by Landlord; (iii) use unobstructed, secure shaft space from points of entry in the Building to gain access to the Building switch gear and Tenant's uninterrupted power supply; and (iv) access the Approved Roof Area at all times as reasonably necessary for purposes of installing and maintaining the Equipment. Except in the event of an emergency, with respect to the exercise by Tenant of the rights set forth in this Paragraph 5l(f) and/or the rights set forth in Paragraph 45(a) above, Tenant agrees to provide Landlord with prior written notice of any intended access to the Approved Roof Area and Landlord shall have a reasonable opportunity to arrange for a representative of Landlord to accompany Tenant during any access to the Approved Roof Area. Tenant, at its sole cost and expense, shall be solely responsible for the installation, existence, maintenance, repair, replacement and removal of the Equipment, unless such maintenance, repair or replacement is necessitated by the negligence or willful misconduct of Landlord. Tenant agrees to keep and maintain the Approved Roof Area affected by the Equipment watertight and free ofleaks, and to the extent Tenant has knowledge (which knowledge may result from written notice received from Landlord), or is reasonably expected to know, that the Approved Roof Area is in need of repair, same shall be undertaken at Tenant's sole cost and expense. In no event shall any such installation(s) by Tenant void or in any way diminish any warranty on the roofin favor of Landlord. At Landlord's election, Tenant shall be required to remove the Equipment at the expiration or sooner termination of this lease and to restore the Approved Roof Area to the condition in which it existed prior to any such access or installation by Tenant. The parties acknowledge and agree that the Approved Roof Area and the Equipment are and are intended to be the same "Approved Roof Area" and "Equipment" described in the 10,217 SF Lease.
(g) Landlord covenants that Tenant shall have access to and use of the Demised Premises twenty-four (24) hours per day, seven (7) days per week. In addition, Tenant shall have, at all times, access to all common areas of the Building as may be necessary to insure Tenant has electricity and access to HVAC services at the Demised Premises during such times; provided, however, that Landlord shall have the right, at its option and in its sole discretion, to have a representative of Landlord accompany Tenant during any such period of access to the roof and/or the Building systems.
(h) Landlord acknowledges and agrees that, during the Term, Landlord shall not seek to change or modify the zoning classification of the Building and/or the certificate of occupancy for the Building in a manner which will materially and adversely affect Tenant's current use of the Demised Premises (as set forth in Paragraph 2 of this lease).
(i) Tenant, at its sole cost and expense (but without any additional Rent being payable to Landlord with respect thereto), shall have the right to install a security booth (the "Security Booth") on the first floor of the Building provided (1) the Security Booth shall be in a location to be indicated on Exhibit A-1 attached hereto, (2) the type and location of furniture to be used in the Security Booth shall be subject to Landlord's sole discretion, and (3) any such installation and maintenance of the Security Booth shall be subject to compliance with all applicable laws, ordinances, codes, rules and regulations and otherwise in compliance with the terms and conditions of this Lease, including, without limitation, Article 45 hereof. Landlord shall provide Tenant with specifications for seating of guests in the area adjacent to the Security Booth. The parties acknowledge and agree that the Security Booth is and is intended to be the same "Security Booth" as described in the Tenant Leases (as hereinafter defined) and in no event shall Tenant be entitled, under the Tenant Leases, to more than the one (1) Security Booth described herein.
Appears in 1 contract
Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions 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 shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises only 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 general office useany purpose or in any manner that would void Tenant’s or Landlord’s insurance, as a data processing center and other reasonably related activitiesincrease the insurance risk, or only as otherwise outlined and stated in this lease and for no cause the disallowance of any sprinkler or other purpose without the Landlord's prior written consentcredits. Tenant shall not do, bring or keep anything in or about permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that will cause a cancellation of any insurance covering would damage the Premises or obstruct or interfere with the building rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Premises are Project is located; provided that ) and at Tenant's use for those purposes specified in ’s expense (to the preceding sentence shall not be prohibited. If the rate of any insurance carried extent such Legal Requirement is triggered by the Landlord is increased as a result reason of Tenant's use’s, Tenant shall pay as compared to Landlord within ten (10) days after written demand from Landlordother tenants of the Project, the amount particular use of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's ’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, including 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, the obligation at reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, ’s particular use or occupancy of the Premises by Tenant during the term of this Lease provided that or Tenant’s Alterations, and Tenant shall not be obligated (nor shall Landlord) to make indemnify, defend, hold and save Landlord harmless from and against any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes all Claims arising out of this clause, a "material capital improvement" shall mean or in connection with any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use failure of the Premises in to comply with any manner that will tend Legal Requirement related to create waste Tenant’s particular use or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability occupancy of the Premises for the conduct of or Tenant's business’s Alterations.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Regulus Therapeutics Inc.)
Use. Tenant The Premises shall use the Premises only be used for general office use, as use consistent with the operation of a data processing center and other reasonably related activities, or only as otherwise outlined and stated first-class office building in this lease the Santa ▇▇▇▇▇▇ area (the “Specified Use”) and for no other purpose purposes, without the Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City of Santa ▇▇▇▇▇▇ or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that which will cause a cancellation in any way obstruct or unreasonably interfere with the rights of any insurance covering the Premises other tenants or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use occupants of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintainBuilding, or restore the Premises in compliance and conformity with all laws relating to the condition, use, injure or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000annoy them. Tenant shall not use or allow the Premises to be used for any pornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or waste in, on or about the Premises. Tenant shall not use of the Premises in any manner that will tend in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord is required to create waste furnish to Tenant or a nuisance or, if there shall be more than one to any other tenant or occupant of the building containing Building, or that would interfere with or obstruct the Premises, which shall unreasonably disturb proper and economical rendition of any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssuch service.
Appears in 1 contract
Sources: Office Lease (Ziprecruiter, Inc.)
Use. Tenant shall use the Premises only for general office use, as a data processing center warehouse/office/auction/retail purposes and other reasonably related activities, ------------------------------- shall not use or only as otherwise outlined and stated in this lease and permit the Premises to be used for no any other purpose without the Landlord's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld delayed. Tenant shall not dodo or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the Building utilities expense or about the Premises that will existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises said building or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate any part thereof or any 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 increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000its contents. Tenant shall not use or permit the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Landlord has sole discretion in determining and defining what violates the purported use for the Premises; Landlord's discretion includes, but is not limited to, defining what uses are improper, immoral, unlawful, and objectionable, as well as those uses that create nuisances or those that are wasteful. Any violation of the purported and approved use of the Premises in any manner that will tend to create waste or a nuisance or, if there as defined by Article 8 shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the constitute default under this Lease at Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssole discretion.
Appears in 1 contract
Sources: Office/Warehouse Building Lease (Ableauctions Com Inc)
Use. Tenant The Premises shall use the Premises only be used and occupied for general business office usepurposes, as a data processing center including, but not limited to, software development, training and other reasonably related activitieslegal uses including, or only as otherwise outlined but not limited to, cafeteria, entertainment room, fitness center, showers and stated in this lease locker rooms and for no other use or purpose without the Landlord's prior written consent, which consent will not be unreasonably withheld, conditioned or delayed. Landlord's consent may be reasonably withheld, conditioned or delayed for reasons including, but not limited to, the unusual demands of any particular use on the Building Systems, consistency of the use with the character of the Building, and any conflict of the use with other tenants. Tenant shall comply with all present and future Laws relating to Tenant's particular use or occupancy of 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 26 - Rules and Regulations). Landlord shall comply with all present and future Laws relating to the Building generally. Tenant shall not do, bring bring, keep or keep sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises Property or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part thereof. Tenant shall not use or permit the use of the Premises to be occupied or used in any manner that will tend to create constitute waste or a nuisance ornuisance, if there or disturb the quiet enjoyment of or otherwise disturb other tenants in the Building. Tenant shall not, without the prior consent of Landlord (which consent shall not be more than one tenant unreasonably withheld, conditioned or delayed), (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 building containing heating, ventilation and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the PremisesBuilding ("Building Systems"), which shall unreasonably disturb or jeopardize the structural integrity of the Building or any other tenant. Tenant hereby acknowledges that neither part thereof; (ii) except as may otherwise be provided in the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as Lease, connect to the suitability utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) except as may otherwise be provided in the Lease, connect to any electrical circuit in the Premises for any equipment or other load with aggregate electrical power requirements in excess of 80% of the conduct rated capacity of Tenant's businessthe circuit.
Appears in 1 contract
Use. Tenant The premises shall use the Premises be used only for the purpose of general office useoffice, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental hereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not dopermit any objectionable or unpleasant orders, bring smoke, dust, gas, noise or keep anything in vibrations to emanate from the Premises, or about the Premises that will cause take any other action which would constitute a cancellation nuisance or would disturb or endanger any other tenants of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's situated or unreasonably interfere with their use of their respective premises. In addition to any other remedies, Landlord shall have the right to have Tenant evicted from the Premises for those purposes specified in a breach by Tenant of the preceding sentence shall not be prohibitedterms of this Section 3. If the rate of any insurance carried by the Without Landlord is increased as a result of Tenant's useprior written consent, Tenant shall pay to Landlord within ten (10) days after written demand from Landlordnot receive, the amount of store or otherwise handle any such increaseproduct, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all laws concerning will not permit the Premises to be used for any purpose or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste (including without limitation any method of storage) which would render the insurance thereon void or a nuisance orthe insurance risk more hazardous or cause the State Board of Insurance or other Insurance premiums, if there Tenant shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises solely responsible for the conduct of Tenant's businesssaid increase.
Appears in 1 contract
Sources: Lease Agreement (Tango Inc)
Use. Tenant agrees that it shall occupy and use the Premises only for general office useas first-class non-governmental business offices, as a data processing center and other reasonably related activitiesin accordance with applicable zoning regulations, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentpurposes. Tenant shall not doshall, bring at its own cost and expense, comply with all federal, state and municipal laws, ordinances, rules and regulations issued by any governmental authority and all covenants, conditions and restrictions of record which relate to the condition, use or keep anything occupancy of the Premises. In addition, if Landlord makes any alteration in or about to any part of the Premises that will cause a cancellation Property in order to comply with any requirement of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate laws, ordinances, regulations, and orders of any insurance carried by governmental, quasi-governmental, public or other authority having jurisdiction over the Landlord Property and such requirement 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 increase. Tenant shall comply with all laws concerning the Premises particular business or Tenant's use of the Premises, including then Tenant shall reimburse Landlord upon demand for the cost thereof. Without limiting the foregoing, Tenant shall not cause, nor permit, any Hazardous Materials (hereinafter defined) to be brought upon, produced, stored, used, discharged or disposed of in, on or about the Property without limitationthe prior written consent of Landlord and then only in compliance with all applicable Environmental Laws (hereinafter defined); provided, the obligation at Tenant's cost however, that Tenant shall be permitted to alter, maintain, or restore use and keep in the Premises in compliance such cleaning, copier and conformity with all laws relating to the condition, other supplies as are reasonable and customary for office use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such lawsuses, ordinances, orders, rules stores and regulations. For purposes disposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing same in excess of $25,000accordance with all applicable Environmental Laws. Tenant shall not commit waste or use or permit the use of the Premises in any manner that will tend way as to create waste or constitute a nuisance or, if there nuisance. All common areas within the Building shall be more than one tenant of designated as "non-smoking" and Tenant shall cooperate with Landlord in enforcing such non-smoking rule. To the building containing extent Tenant desires to allow people to smoke within the Premises, Tenant shall designate specific smoking areas within the Premises provided however that such areas must be properly ventilated and Tenant shall cause any smokers in the Premises to use such smoking areas. As used in this Lease, the term "Hazardous Materials" shall include, without limitation: (i) those substances included within the definitions of "hazardous substances", "hazardous materials," toxic substances," or "solid waste" in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 ▇.▇.▇. §▇▇▇▇ et seq.) ("CERCLA"), as amended by Superfund Amendments and Reauthorization Act of 1986 ("▇▇▇▇"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), and the Hazardous Materials Transportation Act, and in the regulations promulgated pursuant to said laws, all as amended; (ii) those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (of any successor agency) as hazardous substances (40 CFR Part 302 and amendments thereto); and (iii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C) polychlorinated biphenyl, (D) designated as a "hazardous substance" pursuant to Section 311 of the Clean ▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇▇ et seq. (33 U.S.C. §1321) or listed pursuant to Section of the Clean Water Act (33 U.S.C. §1317); (E) flammable explosives; or (F) radioactive materials; (iv) all federal, state or local laws, statutes, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authority or issued or promulgated thereunder shall unreasonably disturb any other tenantbe referred to as the "Environmental Laws". Landlord represents to Tenant hereby acknowledges that neither as of the Landlord nor the date of this Lease, except as may have been previously disclosed to Tenant in writing, to Landlord's agent has made knowledge, the Building is free from Hazardous Materials in violation of any representation Environmental Laws. In the event that there exists on the Property any Hazardous Materials in violation of any Environmental Laws, except for Hazardous Materials introduced by Tenant, its agents, contractors, employees, assignees or warranty subtenants, and, if an order (after all final appeals have been exhausted) of any court or governmental entity requires that such violation be cured, then Landlord shall promptly cure such violation, or cause such violation to Tenant as be cured, at no cost to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Office Space Lease Agreement (Bridgeline Software, Inc.)
Use. Tenant shall ▇▇▇▇▇▇ agrees to use the Premises only for general office usethe Permitted Use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentuse or purpose. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall must comply with the Rules and Regulations, a copy of which is attached as Exhibit C. Tenant will, at its sole cost, comply with, and cause Tenant’s Parties to comply with, all laws concerning Applicable Laws pertaining to the Premises or Tenant's ’s use or occupancy of the Premises, including without limitationand obtain any permits, the obligation at Tenant's cost to alter, maintainapprovals, or restore the Premises in compliance licenses required for such use and conformity with all laws relating occupancy (other than those Landlord has expressly agreed to the conditionobtain as part of Landlord Work, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000if applicable). Tenant shall not use or permit the use of the Premises in any manner that will tend would cause the Premises or the Project to create waste or be considered a nuisance or, if there shall be more than one tenant “place of public accommodation” under the building containing the Premises, which shall unreasonably disturb any other tenantADA. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as If an Alteration to the suitability Premises or the Project becomes required under any Applicable Law, or requested in a citation issued by a governmental authority, as a result of (i) Tenant’s particular use of the Premises (as opposed to warehouse and distribution uses, with ancillary office uses in general), or (ii) any Alterations performed by or at the request of Tenant, then Tenant shall upon Landlord’s demand make such required Alteration at Tenant’s sole cost or pay Landlord the cost incurred by Landlord for the conduct Alteration. Landlord represents and warrants that, to Landlord’s actual knowledge as of Tenant's businessthe Effective Date, the zoning of the Premises is ORL-IP. Landlord makes no warranty that the Permitted Use is permitted for the Premises under Applicable Laws. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have no obligation to continuously operate from, or to occupy, the Premises so long as Tenant otherwise complies with its other obligations under this Lease (including the payment of Rent and the Maintenance obligations to the extent required by this Lease).
Appears in 1 contract
Sources: Lease (Unusual Machines, Inc.)
Use. Tenant (a) The Premises shall be used only for the purpose set forth in Item 18 of the Basic Lease Provisions and for reasonable and customary uses ancillary thereto, and shall not be used for any other purpose. Landlord shall have the right to deny its consent to any change in the permitted use of the Premises only for general office usein its sole and absolute discretion.
(b) Outside storage including, as a data processing center without limitation, drop shipments, dock storage, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's ’s prior written consent. Tenant shall not doobtain, bring or keep anything in or about at Tenant’s sole cost and expense, any and all licenses and permits necessary for Tenant’s contemplated use of the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increasePremises. Tenant shall comply with all laws concerning existing and future governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premises, including without limitationas well as all reasonable requirements of Landlord’s insurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the obligation at Tenant's cost to alterPremises, maintainnor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the Property, or restore unreasonably interfere with such other tenants’ use of their respective space. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable.
(c) If any Legal Requirement shall, by reason of the Premises in compliance and conformity with all laws relating to the condition, use, nature of Tenant’s particular use or occupancy of the Premises by Tenant during the term of this Lease provided (as opposed to laws that Tenant shall not be obligated (nor shall Landlord) generally apply to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building and/or the Premises is determined by applicable governmental agencies to not be in any manner compliance with Legal Requirements applicable to the Property as of the Commencement Date and such non-compliance is not related to Tenant’s particular use or occupancy of the Premises, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property and/or the Premises required by such governmental agencies so that will tend the Property and/or the Premises complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title III of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to create waste or a nuisance ortime, including, without limitation, all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (excluding the Premises), which require Landlord to make capital expenditures or repairs to the Property (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be more than one tenant of included in CAM which shall be reimbursed by the building containing tenants in the Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees to maintain the Property (except the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business) in compliance with all Legal Requirements.
Appears in 1 contract
Use. Tenant warrants and represents to Landlord that the Leased Premises shall use be used and occupied solely for the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated purposes set forth in this lease Article 1 and for no other purpose without purposes whatsoever. Tenant shall occupy the Landlord's prior written consentLeased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and will not create a nuisance. Tenant shall not dopermit any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, bring use any apparatus or keep anything machine which makes undue noise or causes undue vibration in any portion of the Building or about otherwise materially interfere with, annoy or disturb any other lessee in its normal business operations or Landlord in its management of the Building. Tenant shall neither permit any waste on the Leased Premises that will cause a cancellation of nor allow the Leased Premises to be used in any insurance covering the Premises or the building in way which the Premises are located; provided that Tenant's use for those purposes specified would, in the preceding sentence shall not reasonable opinion of Landlord, be prohibitedextra hazardous on account of fire or which would in any way increase or render void the fire insurance on the Building. If any governmental license or permit shall be required for the rate of any insurance carried by the Landlord is increased as a result proper and lawful conduct of Tenant's usebusiness in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall at all times comply with all laws concerning the Premises or Tenant's use terms and conditions of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000same. Tenant shall not use at any time knowingly suffer the Leased Premises to be used or permit occupied in violation of (i) the use Certificate of Occupancy for the Leased Premises or for the Building, (ii) any of the Premises in any manner that will tend to create waste provisions of this Lease, or a nuisance or(iii) zoning ordinances, if there shall be more than one tenant and rules and regulations of governmental and quasi governmental authorities having jurisdiction over the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessBuilding.
Appears in 1 contract
Use. A. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease licensed skilled nursing facility and for no other purpose use without the Landlord's prior written consent. , which consent shall not be unreasonably withheld.
B. Tenant's use of the Premises as provided in this Lease shall be in accordance with the following:
(1) Tenant shall not do, bring or keep anything in on or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which Premises.
(2) Tenant shall cause the Premises are located; to be and remain licensed as provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseparagraph 28 hereof. Tenant shall comply with cause the Premises to conform to the requirements and provisions of all laws applicable laws, rules, regulations and ordinances concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, maintain or restore the Premises in compliance and conformity with all laws relating to the condition, use, use or occupancy of the Premises by Tenant during the term of this Lease provided that Term. Tenant shall not be obligated make available for the inspection of Landlord copies of all inspection reports by applicable governmental agencies and/or their intermediaries together with Tenant's plan of correction (nor shall Landlordwhere applicable) as to make any material capital improvements required by each such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. report.
(3) Tenant shall not use or permit the use of the Premises in any manner that will tend continuously constitute a waste, nuisance or unreasonable annoyance to create waste owners or occupants of adjacent properties, other than those incidental to the normal operation of a nuisance orskilled nursing facility.
(4) Tenant shall not do anything on the Premises that will cause damage to the Premises. No machinery, if there apparatus or other appliance shall be more than one tenant of used or operated in or on the building containing Premises that will in any manner injure, vibrate or shake the Premises.
(5) Tenant shall make all payrolls promptly when due, respecting all personnel at the Premises, which and shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessfile all payroll tax returns and pay such taxes promptly and before delinquency.
Appears in 1 contract
Use. Tenant The premises shall use the Premises be used only for general office usethe purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles and the washing thereof at any time, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, Tenant's use of the Premisespremises, including without limitation, the obligation all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, not take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the use of the Premises premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste or a nuisance or, if there shall be more than one tenant disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenant's use and occupancy of the building containing premises, or if Tenant vacates the Premisespremises and causes an increase in such premiums, which then Tenant shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither pay as additional rental the Landlord nor the amount of such increase to Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Microage Inc /De/)
Use. Tenant shall may use the Premises only for general office useany lawful purpose. Landlord and its agents and designees may enter upon and examine the Premises at reasonable times, subject to the provisions of Section 10.15. In no event shall the Premises or any portion thereof be used for any purpose which violates any of the provisions of this Lease, including but not limited to, provisions with respect to compliance with Legal Requirements (as a data processing center defined in Section 2.2(b) hereof) and other reasonably related activitiesrecorded covenants, restrictions or only as otherwise outlined and stated in this lease and for no other purpose without agreements which are applicable to the Landlord's prior written consentPremises. Tenant shall not douse, bring occupy or keep permit the Premises to be used or occupied, nor do or permit anything to be done in or about on the Premises that will cause in a cancellation manner which would (i) violate any certificate of any insurance covering occupancy or equivalent certificate affecting the Premises or violate any zoning or other law, ordinance or regulation, (ii) make void or voidable any insurance then in effect with respect to the building Premises, (iii) materially and adversely affect in any manner the ability of Tenant to obtain fire and other insurance which Tenant is required to furnish hereunder, (iv) cause any injury or damage to the Premises are locatedImprovements which is not repaired in accordance with the provisions of this Lease, or (v) constitute a public or private nuisance or waste; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating foregoing shall be qualified to the condition, use, or occupancy of the Premises by Tenant during the term of extent otherwise provided elsewhere in this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Lease. Tenant shall not use or permit the use of conduct its business operation in the Premises in unless and until (and only during such time as) all necessary certificates of occupancy, permits, licenses and consents from any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as all appropriate governmental authorities applicable to the suitability of the Premises for the conduct of have been obtained by Tenant, at Tenant's businesssole cost and expense, and are in full force and effect.
Appears in 1 contract
Use. Tenant shall The Premises are to be used solely for the purpose of maintaining an office for use the Premises only for general office use, in connection with Tenant's business including its use as a data processing conference and meeting center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other business or purpose without the Landlord's prior written consentconsent of Landlord. Tenant shall not do, bring do or keep anything permit to be done in or about the Premises that will cause anything which is illegal or unlawful; or which is of a cancellation of any insurance covering hazardous or dangerous nature, or which is noxious or offensive to other tenants in the Premises or to Landlord, or which will increase the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate rates of any insurance carried by Landlord. Tenant shall not use any portion of the Landlord is increased Premises for providing of any medical or rehabilitation services or related similar services and the Premises shall be used solely as a result business office. Tenant shall obtain all permits, licenses, certificates or other authorization and any renewals, extensions or continuances of the same required in connection with the lawful and proper use of the Premises except for a Certificate of Occupancy and shall pay when due all taxes upon its merchandise, stock, fixtures and equipment in the Premises. Neither a failure on the part of Tenant to procure such permit, license, certificate or other authorization, nor the revocation of the same, shall in any way affect the liability of Tenant for payment of rent herein reserved or the performance or observance of any of the covenants or conditions herein contained on Tenant's use, part to be performed and observed. Tenant shall pay (and shall cause its employees to) observe the Rules and Regulations attached as Exhibit "A" or such other rules and regulations applicable to the Premises as may be imposed by Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. time to time on a nondiscriminatory basis to all Tenants and Tenant shall comply with all laws concerning governmental laws; and ordinances and all regulations applicable to the Premises or Tenant's use and occupancy of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided except that Tenant shall not be obligated (nor shall Landlord) required to make install or pay for any material capital improvements improvement to the leased Premises that is required by such lawsof the Building as a whole. Without limiting the generality of the foregoing, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use display anything outside of the Premises in nor operate any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant loud speakers without the specific written consent of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Use. Tenant shall have the right to use and occupy the Demised Premises only for general office usemedical laboratories, as a data processing center including medical testing, and other reasonably ancillary office, warehouse and distribution use and related activities, or only as otherwise outlined and stated in this lease activities and for no any other purpose lawful purpose, at all times being in compliance with applicable laws, including, without the Landlord's prior written consentlimitation, applicable zoning and land use laws, codes, regulations, directives and orders. Tenant shall not doat any time use or occupy, bring or keep suffer or permit any person to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in violation of the Certificate of Occupancy for Tenant’s permitted use. Landlord shall have no liability or about obligation whatsoever if the Premises that will cause a cancellation use set forth in this Lease is not complied with and Tenant assumes all risks in such eventuality. Tenant agrees to indemnify and hold Landlord harmless, to the fullest extent permitted by law, from and against all suits, actions, legal or administrative proceedings, claims, liabilities, fines, penalties, losses, injuries, damages, expenses or costs, including reasonable attorneys’ fees, arising from any violation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified ’s obligations set forth in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sentence. Tenant shall not use knowingly suffer or permit the use Demised Premises or any portion thereof to be used by the public in such manner as might reasonably tend to impair title to the Demised Premises or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Demised Premises in or any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessportion thereof.
Appears in 1 contract
Sources: Lease Agreement (Icon PLC /Adr/)
Use. Tenant shall use the Premises only solely for general office use, as a data processing center the purposes set forth in Section 1.9 and other reasonably related activities, or only as otherwise outlined and stated in this lease all lawful purposes ancillary thereto and for no other purpose without the Landlord's prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord or Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that nor bring or keep anything therein which will in any way cause a the cancellation of any insurance covering or increase the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the existing rate of any fire or other insurance carried by upon the Premises. Landlord is increased as a result of Tenant's use, and Tenant shall pay use reasonable efforts to Landlord within ten (10) days after written demand prevent material levels of odors, emissions, fumes, liquids or other substances or excessive noise from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises escaping or Tenant's use of extending beyond the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance . Landlord and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit allow the Premises to be used for any unlawful or extra hazardous purpose. Tenant shall refrain from using or permitting the use of the Premises or any portion thereof as living quarters, sleeping quarters or for lodging purposes. Tenant shall, at its sole cost and expense, promptly comply in all material respects with all applicable federal, state, county, or municipal laws, ordinances, rules, regulations, directives, covenants, restrictions, orders and/or requirements now in force or which may hereafter be in force with respect to Tenant’s specific use and occupancy of the Premises. The judgment of any court of competent jurisdiction or the admission of Landlord or Tenant in any manner action against Landlord or Tenant, whether Landlord or Tenant be a party thereto or not, that will tend to create waste Landlord or a nuisance orTenant has violated any related law, if there statute, ordinance or requirement, shall be more than one tenant conclusive of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the fact as between Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of and Tenant's business.
Appears in 1 contract
Sources: Lease (Diamond Resorts Parent, LLC)
Use. The Premises shall be used only for the purposes of receiving, storing, shipping, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Tenant shall use conduct such activities in such a manner as to not constitute a violation of the Premises only for general office usecovenants and deed restrictions of Century Plaza. Outside storage, as a data processing center including, without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not doobtain, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense, any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premises, including without limitationand shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in, upon, or in connection with the obligation Premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not use permit any objectional or permit unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the use of the Premises in Premises, nor take any manner that will tend to create waste or other action which would constitute a nuisance or, if there shall be more than one tenant or would disturb or endanger any other Tenants of the building containing situated on the Premises or unreasonably interfere with their use of their respective Premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which shall unreasonably disturb any other tenantis explosive or highly inflammable. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of will not permit the Premises to be used for any purpose or in any manner, (including, without limitation, any method of storage) which would render the conduct insurance thereon void or the insurance risk more hazardous or cause the State Board of Tenant's businessInsurance or other insurance authority to disallow any sprinkler credits.
Appears in 1 contract
Use. Tenant a) TENANT shall use not permit any guest or invitee to reside in the Premises only UNIT
b) TENANT acknowledges that that the UNIT may be occupied by another tenant provided the additional tenant has an executed lease with LANDLORD for general office usethe UNIT or is listed in Paragraph 1 of this LEASE.
c) TENANT may not commit any act or allow any activity to occur in the UNIT or on the PROPERTY, as a data processing center and other reasonably related activitieswhich violates or breaks any Federal, State or local laws or ordinances, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring any applicable rules or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall TENANT may not use or permit allow the use UNIT or the PROPERTY to be used for any disorderly or illegal purpose. The obligation, to procure the GL Policy on TENANT’s behalf. In this event the TENANT will be charged a non-compliance administrative fee of the Premises in any manner that will tend to create waste or a nuisance or15%, if there this shall be more than one tenant deemed to be additional rent under the Lease and immediately due and payable by TENANT to LANDLORD. LANDLORD does not provide any insurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of the building containing the PremisesLANDLORD, which or LANDLORD’s agent's or employee's, neither LANDLORD nor LANDLORD’s agents and/or employees shall unreasonably disturb be responsible for any theft, damage, loss or destruction of personal property of TENANT or TENANT's occupants, guests, licensees, invitees or agents due to fire, water, flooding, other casualty, act of God, or any other tenantcauses. Tenant hereby acknowledges that neither TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for damage to the Landlord nor UNIT or the Landlord's agent has made PROPERTY, including but not limited to fire and water damage, caused by TENANT’s negligent conduct, or the negligent conduct of TENANT’s occupants, guests, licensees, invitees or agents. TENANT agrees to comply in all respects with any representation or warranty to Tenant applicable policy of insurance so as to the suitability of the Premises for the conduct of Tenant's businessnot cause an increase in premium or void any insurance policy.
Appears in 1 contract
Sources: Residential Lease Agreement
Use. Tenant The Premises shall use the Premises only be used for general office use, as use consistent with the operation of a data processing center and other reasonably related activities, or only as otherwise outlined and stated first-class office building in this lease the West Los Angeles area (the “Specified Use”) and for no other purpose purposes, without the Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that which will cause a cancellation in any way obstruct or unreasonably interfere with the rights of any insurance covering the Premises other tenants or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use occupants of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintainBuilding, or restore the Premises in compliance and conformity with all laws relating to the condition, use, injure or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000annoy them. Tenant shall not use or allow the Premises to be used for any pornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or waste in, on or about the Premises. Tenant shall not use of the Premises in any manner that will tend in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord is required to create waste furnish to Tenant or a nuisance or, if there shall be more than one to any other tenant or occupant of the building containing Building, or that would interfere with or obstruct the Premises, which shall unreasonably disturb proper and economical rendition of any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssuch service.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for general the purpose of manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for such other lawful purposes as may be incidental thereto, including without limitation, office usepurposes. Outside storage, as a data processing center including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's ’s prior written consent; provided however, that, notwithstanding the foregoing: Tenant shall have the right to park trucks and trailers at the designated dock doors on the Premises. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and .permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premises, including without limitationand shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant in or upon, or connected with, the obligation Premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000’s sole expense. Tenant shall not use permit any objectionable or permit unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger other tenants of the Building or unreasonably interfere with the use of their respective premises. Without Landlord’s written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable, except for such items which are customarily used in Tenant’s business operations and are used in compliance with applicable laws and insurance requirements binding upon Tenant. Tenant, at its sole cost and expense, shall comply with all fire codes, laws and ordinances related to the use and occupancy of the Premises. Tenant will not permit the Premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb disallow any other tenantsprinkler credits. Tenant hereby acknowledges that neither shall abide by the rules and regulations attached hereto as Exhibit “C”, as reasonably amended from time to time by Landlord nor the Landlord's agent has made (after reasonable notice of any representation or warranty such amendment is provided by Landlord to Tenant as to the suitability of the Premises for the conduct of Tenant's business).
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. Tenant (a) The Premises shall use the Premises only be used for general office use, purposes and as a data processing center computer server room containing fiber optic and other reasonably related activitiestelephone devices and electrical switching devices (the "Data Center"), or only as otherwise outlined and stated in this lease and for no other purpose without the written consent of Landlord's prior written consent. Tenant shall not do, bring do or keep anything permit to be done in or about the Premises that Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises Building or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate any part thereof or any 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 increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000its contents. Tenant shall not use do or permit anything to be done in or about the use Premises which will in any way obstruct or interfere with the rights of other tenants of the Premises in Building, or injure or annoy them, or allow any manner that will tend excessive noises, vibrations or odors to create waste or a nuisance or, if there shall be more than one tenant of the building containing emit from the Premises, which or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall unreasonably disturb Tenant cause, maintain or permit any other tenantnuisance in, on or about the Premises or commit or suffer to be committed any waste in, on or about the Premises. Tenant hereby shall keep the blinds closed on any first (1st) floor windows through which telephone or computer equipment may be seen from outside the Premises, as determined by Landlord.
(b) Tenant shall not use the name of the Building or any similar name in connection with any business carried on by Tenant (except as Tenant's address) without written consent of Landlord which Landlord may withhold in its sole and absolute discretion.
(c) Tenant acknowledges that neither the Landlord nor the Landlord's any agent of Landlord has made any representation or warranty to Tenant as to regarding the zoning of the Building or the suitability of the Premises for the conduct of Tenant's business, nor whether said business is permitted by law.
Appears in 1 contract
Use. Tenant shall use the Premises only solely for general office usethe Permitted Use specified in the Summary, as a data processing center and shall not use or permit the Premises to be used for any other reasonably related activities, use or only as otherwise outlined and stated in this lease and for no other purpose whatsoever without the Landlord's ’s prior written consentapproval. Tenant shall not doobserve and comply with the Rules and Regulations attached hereto as Exhibit E, bring or keep anything 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 which modifications and additions shall in or about no manner materially impact the ingress and egress of Tenant to the Premises that will cause a cancellation nor the permitted use of any insurance covering the Premises by Tenant. Landlord shall endeavor to enforce the Rules and Regulations, but shall have no liability to Tenant for the violation or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of non-performance by 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 other tenant or occupant of any such increaseRules and Regulations provided, however, Landlord will use commercially reasonable efforts to ensure that all Building tenants comply with Rules and Regulations. Tenant shall shall, at its sole cost and expense, observe and comply with all laws concerning Laws and all requirements of any board of fire underwriters or similar body relating to the Premises now or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises hereafter in compliance and conformity with all laws force relating to or affecting the condition, use, occupancy, alteration or occupancy improvement of the Premises by Tenant during (whether, except as otherwise provided herein, structural or nonstructural, including unforeseen and/or extraordinary alterations and/or improvements to the term Premises and regardless of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes the period of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing time remaining in excess of $25,000the Term). Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable purpose. Tenant shall not do or permit to be done anything that will obstruct or interfere with the use rights of other tenants or occupants of the Premises in any manner that will tend to create waste Building or a nuisance orthe Property, if there any, or injure them. Tenant shall be more than one tenant of the building containing not cause, maintain or permit any nuisance in, on or about the Premises, which shall unreasonably disturb the Building or the Property, nor commit or suffer to be committed any other tenant. Tenant hereby acknowledges that neither waste in, on or about the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessPremises.
Appears in 1 contract
Use. (a) Tenant shall use the Premises only for general office usethe use set forth in Subparagraph 1(n), as a data processing center and other reasonably related activities, shall not use or only as otherwise outlined and stated in this lease and permit the Premises to be used for no any other purpose without the Landlord's ’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are suitable for a particular use. Tenant shall not do, bring use or keep anything in or about occupy the Premises that will cause a cancellation in violation of any insurance covering present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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 building use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in which order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are located; provided that Tenant's use for those purposes specified of the Tenant and are accordingly reflected in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaserental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws concerning applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not of record, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof, provided that Landlord shall not adopt or agree to any restrictions that materially interfere with the operation of Tenant's ’s business in the Premises as permitted under this Lease or any rights of Tenant under this Lease. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in the condition required under Paragraph 15(a). Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in (i) the Common Areas, except as provided Table of Contents below, and (ii) the Premises to the extent, but only to the extent, any alterations to the Premises are directly required by the City of San Diego in connection with Landlord’s Work, (b) except as provided in Clause (a)(ii), above, Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Alterations in the Premises other than Landlord’s Work, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s particular use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use be solely responsible for requirements under Title I of the Premises in any manner that will tend ADA relating to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business’s employees.
Appears in 1 contract
Sources: Lease Agreement (Synbiotics Corp)
Use. (a) Tenant shall use the Premises only for general office usethe use set forth in Subparagraph 1(m), as a data processing center and other reasonably related activities, shall not use or only as otherwise outlined and stated in this lease and permit the Premises to be used for no any other purpose without the Landlord's ’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are suitable for a particular use. Tenant shall not do, bring use or keep anything in or about occupy the Premises that will cause a cancellation in violation of any insurance covering present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority 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 building use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in which order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are located; provided that Tenant's use for those purposes specified of the Tenant and are accordingly reflected in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaserental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws concerning applicable to the Premises, (ii) do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, or (iv) cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, which affect the use and operation of the Premises, the Building, the Common Areas or the Project, or any portion thereof. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's ’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas, except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of Landlord’s Initials Tenant’s Initials travel” requirements triggered by Tenant Alterations in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use be solely responsible for requirements under Title I of the Premises in any manner that will tend ADA relating to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business’s employees.
Appears in 1 contract
Use. 2.01 Tenant shall use and occupy the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Demised Premises for executive and general offices in connection with the conduct of Tenant's business[DESCRIBE BUSINESS] business and for no other purpose. Tenant represents and warrants that it is duly formed and in good standing, and has full corporate, partnership or limited liability company power and authority, as the case may be, to enter into this Lease and has taken all corporate, partnership or limited liability company action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this Lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall provide Landlord with corporate resolutions, the operating agreement, the partnership agreement or other proof in a form acceptable to Landlord, authorizing the execution of this Lease at the time of execution.
2.02 If any governmental license or permit, other than a Certificate of Occupancy, shall be required for the proper and lawful conduct of Tenant's business in the Demised 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 same for inspection by Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit.
2.03 Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or do or permit anything to be done in the Demised Premises, in violation of the Certificate of Occupancy for the Demised Premises or for the Building.
2.04 The Demised Premises shall not be used for any purpose which would tend to lower the first-class character of the Building, create unreasonable or excessive elevator or floor loads, impair or interfere with any of the Building operations or the other areas of the Building by any other tenants or, impair the appearance of the Building.
Appears in 1 contract
Sources: Lease (Aveta Inc)
Use. Tenant The Premises shall use the Premises only be used for general office use, as use consistent with the operation of a data processing center and other reasonably related activities, or only as otherwise outlined and stated first-class office building in this lease the Century City area (the “Specified Use”) and for no other purpose purposes, without the Landlord's ’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that which will cause a cancellation in any way obstruct or unreasonably interfere with the rights of any insurance covering the Premises other tenants or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use occupants of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintainBuilding, or restore the Premises in compliance and conformity with all laws relating to the condition, use, injure or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000annoy them. Tenant shall not use or allow the Premises to be used for any pornographic or violent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or waste in, on or about the Premises. Tenant shall not use of the Premises in any manner that will tend in Landlord’s reasonable judgment would adversely affect or interfere with any services Landlord is required to create waste furnish to Tenant or a nuisance or, if there shall be more than one to any other tenant or occupant of the building containing Building, or that would interfere with or obstruct the Premises, which shall unreasonably disturb proper and economical rendition of any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesssuch service.
Appears in 1 contract
Use. a. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which will in any way violate any present or future laws, ordinances or regulations of any municipal or other governmental authority. Tenant shall use the Leased Premises only for general office useretail sale of incense, as a data processing center posters, clothing, smoking accessories, pipes (metal, glass, wood), glass water- pipes, rolling papers, and other reasonably hookah supplies and related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentitems. Tenant shall not doobtain all local, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use county and state permits and licenses required for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's such use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use nor sublease the Leased Premises so as to cause a violation of any statute, ordinance or permit the restriction of record. Tenant’s use of the Premises in shall not disturb any manner that will tend to create waste or a nuisance or, if there shall be more than one other tenant of the building containing at any time. Tenant shall not smoke in the premises or within 25 feet of the building.
b. Tenant shall not sell or consume marijuana or any marijuana derivatives or any other controlled substance in the Leased Premises at any time. Any violation of this Article is grounds for immediate termination of this lease.
c. Landlord agrees to not lease or permit any other tenant in any property owned by Landlord, within 10 miles of the Premises, which whose principal business is derived from the retail sale of pipes, glass pipes, water pipes, and related smoking accessories. Any such use by another tenant of Landlord shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability constitute a breach of the Premises for lease. In the conduct event Landlord becomes aware of any use by another tenant of landlord which use represents a violation or breach of Tenant's business’s exclusive rights under this lease, Landlord shall notify Tenant of such offending use and hereby warrants that Landlord shall take all necessary action, including initiation of legal proceedings and termination of the offending tenant’s lease, to ▇▇▇▇▇ all such use.
Appears in 1 contract
Sources: Lease Agreement
Use. Tenant The Manufacturing Building and the Office Building shall use be used only for the purposes of the development, manufacture, sale and commercial distribution of the Tenant's or its affiliates' products and services, or other lawful purposes as may be incidental thereto, in a manner consistent with Tenant's usage prior to the purchase of the Premises only for general office useby Landlord. Outside storage, as a data processing center including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consentconsent (which shall not be unreasonably withheld or delayed), except temporary parking of trucks or containers will not constitute outside storage. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its particular business in the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its particular use of the Premises (collectively, "Governmental Requirements"), and shall promptly comply with all governmental orders and directives applicable to Tenant's particular use of the Premises, including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense but excluding modifications, alterations or capital improvements necessitated by Government Requirements to be paid for by Landlord pursuant to Section 6 herein. Tenant shall not dopermit any objectionable or unpleasant odors, bring smoke, dust, gas, noise or keep anything in vibrations to emanate from the Premises, nor take any other action that would constitute a nuisance or about would disturb or endanger any person. Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) that will cause a cancellation of any would render the insurance covering thereon void or increase the Premises or the building in which the Premises are located; provided that insurance risk. If Tenant's use for those purposes specified of the Premises results in the preceding sentence shall not be prohibited. If the rate of any an increase in insurance carried by the Landlord is increased as a result of Tenant's usepremiums, Tenant shall be solely responsible for and pay to Landlord the increase within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessdemand therefore.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for general office useand warehouse purposes, including the design and prototyping of various medical products, for such other uses as a data processing center may be designated on the Data Sheet and only for such other lawful purposes as may be incidental thereto. Outside storage including, without limitation, storage trucks and other reasonably related activitiesvehicles, or only as otherwise outlined outside garbage containers and stated in this lease and for no other purpose without the Landlord's prior written consentoutdoor furniture are prohibited. Tenant shall not do, bring or be obligated to keep anything the area surrounding the garbage dumpster free from trash and debris and in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseclean and sanitary condition. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premises, including and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at Tenant's sole expense; provided, however, Landlord shall, subject to Section 6 hereof, be responsible for complying with any governmental laws, ordinances, regulations, orders, or directives requiring physical alterations to the Building or Premises (unless such alterations are required as a consequence of Tenant's specific use of the Premises or Building, in which event Tenant shall be solely responsible for all costs of compliance). Tenant shall not permit any objectionable odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, nor take any other action that may constitute a nuisance or may disturb or endanger any other tenants of the Building or neighboring buildings, or unreasonably interfere with any other tenant's use of its premises. Tenant will not permit the Premises to be used for any purpose or in any manner, including, without limitation, the obligation at storage or parking of automobiles or trailers, nor any method of storage that would render the insurance on the Building or the Property void or the insured risks more hazardous. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the Property is caused by Tenant's cost to alter, maintain, or restore the Premises in compliance use and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Premises, then Tenant shall not be obligated (nor shall Landlord) pay to make any material capital improvements required by Landlord as additional rent the amount of such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessincrease.
Appears in 1 contract
Sources: Lease (Antares Pharma Inc)
Use. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. The Tenant shall not use the Property for any purpose other than the Permitted Use without the consent of the Landlord, not to be unreasonably withheld. The Tenant shall not use the Property for any illegal purpose nor for any purpose or permit in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Landlord, the other tenants or occupiers of the Units or any owner or occupier of neighbouring property. The Tenant shall not knowingly overload any structural part of the Property nor any machinery or equipment at the Property nor any Service Media at or serving the Property nor knowingly do anything which might reasonably be expected to cause structural damage. The Tenant shall not use the Property for any noxious, noisy, offensive or dangerous trade, business or pursuit nor for any illegal or immoral act or purpose nor as a club, betting shop or for any purpose which is declared unlawful or requires a Licence under the Betting Gaming and ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or for the collection of football pools' coupons or the sale of lottery tickets or as a sex shop, amusement arcade or leisure centre nor for any public exhibition, show or political meeting nor as a restaurant, snack bar or for catering of any description and shall not to hold any sales by auction nor keep any animals or birds on the Property, and not to allow on the Property any hazardous materials (except for usual shop or office waste generated by the use of the Premises Property permitted by this Lease and stored in accordance with all applicable Legal Requirements) or anything which is or may become dangerous or offensive. Not so far as concerns the building or buildings situated from time to time upon the Property to cause any manner that will tend obstruction outside. Not to create waste use on the Property:‑ any machine other than normal shop and office machines and computer equipment which in appropriate cases shall be rubber or otherwise mounted so as to minimise noise and vibration; any machinery or sound reproduction amplifying equipment which shall cause a nuisance oror disturbance to the Landlord or the owners or occupiers of adjoining or neighbouring premises. Not to obstruct others lawfully using areas (if any) which the Tenant is entitled to use in common and to use the same in a reasonable manner and in accordance with any reasonable regulations made by the Landlord from time to time in regard thereto. Not to reside or sleep on the Property. Not to discharge anything into the Service Media serving the Property which will or may be corrosive or harmful or which may cause any obstruction or deposit therein, if there shall be more than one tenant and forthwith to remove such obstruction and to make good all damage to the reasonable satisfaction of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement
Use. Tenant The Premises shall use the Premises be used only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease the Permitted Uses and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about will use the Premises that in a careful, safe and proper manner and will cause a cancellation not commit waste, overload the floor or structure of the Premises. Tenant shall use commercially reasonable efforts to prevent any insurance covering materially objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises or the building in which take any other action that would constitute a nuisance or would unreasonably disturb, interfere with or endanger Landlord or any other party. Tenant, at its sole cost and expense, shall use and occupy the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply compliance with all laws concerning the Premises or Tenant's use of the Premiseslaws, including ordinances, regulations and building codes, including, without limitation, the obligation at Tenant's cost to alterADA (hereinafter defined), maintainjudgments, codes, directives, permits, licenses, covenants and restrictions now or restore the Premises in compliance and conformity with all laws relating hereafter applicable to the condition, use, or occupancy of the Premises. The Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) used as a place of public accommodation under the ADA or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its cost and expense, make any material capital improvements alterations or modifications, within or outside the Premises, that are required by any such lawslaw, ordinancesordinance, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, regulation or series of capital improvements within any calendar year, costing in excess of $25,000building code. Tenant shall will not use or permit the use of the Premises to be used for any purpose or in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing would: (a) void any insurance on the Premises; (b) increase the insurance risk; (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable law, ordinance, regulation or building code; or (e) violate any applicable agreement to which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent is bound or of which Tenant has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessnotice.
Appears in 1 contract
Sources: Lease Agreement (SunOpta Inc.)
Use. a. Tenant shall use and occupy the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentpurposes. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering use the Premises or the building in which allow the Premises are located; provided that to be used for any other purpose without the prior written consent of Landlord. Tenant, at Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useexpense, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning laws, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the Premises use, occupation or Tenant's use alteration of the Premises, or the conduct of Tenant's business therein, including without limitationlimitation the Americans with Disabilities Act and all applicable zoning, the obligation at Tenant's cost recycling and environmental laws and regulations. Tenant hereby agrees to alterindemnify and hold harmless Landlord and its agents, maintainofficers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or restore the Premises in compliance suits brought by third parties against Landlord, its agents, officers, directors and conformity with all laws employees alleging or relating to the condition, use, or occupancy failure of the Premises to comply with the terms of the Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by Tenant during and Tenant’s business in the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Premises. Tenant shall not use or permit the Premises or any part thereof to be used in any manner that constitutes waste, nuisance or unreasonable disturbances to other tenants of the Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant without the prior written approval of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Use. The Demised Premises shall be used and occupied by Tenant solely for the purposes of general office, showroom, warehouse and light manufacturing (collectively, the “Permitted Uses”) and Tenant agrees that such use shall use be in compliance with all applicable laws, ordinances and governmental regulations affecting the Premises only for general office use, as a data processing center Building and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentPremises. Tenant shall immediately discontinue any use of the Demised Premises which is not doin compliance with any applicable laws, bring ordinances or keep anything in or about the governmental regulations. The Demised Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate used in such manner that, in accordance with any requirement of law or of any insurance carried public authority, Landlord shall be obliged on account of the purpose or manner of said specific use by Tenant (as opposed to office, showroom, warehouse or light manufacturing use generally) to make any addition or alteration to or in 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 increaseBuilding. Tenant shall comply with all laws concerning occupy the Premises Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as is lawful, and will not permit or create any nuisance, unusual or unreasonable noise, noxious odor, or otherwise unreasonably interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of the Building. Tenant's ’s use of the Premises, including without limitation, Demised Premises shall conform to all the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance Landlord’s rules and conformity with all laws regulations relating to the conditionuse of the Building so long as such rules and regulations (i) are binding on all tenants of the Building, use(ii) are not enforced in a discriminatory manner, and (iii) do not materially reduce Tenant’s rights hereunder or occupancy increase Tenant’s liabilities hereunder. Outside storage on the Building of any type of equipment, property or materials owned or used on the Premises by Tenant during the term of this Lease provided that Tenant or its customers and suppliers shall not be obligated (nor shall Landlord) to make any material capital improvements required by such lawspermitted, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessunless otherwise stated.
Appears in 1 contract
Sources: Commercial Lease (Thoratec Corp)
Use. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb used for any other tenantpurpose than that stated in Paragraph 1.1, subparagraph G without the prior written consent of Landlord. Tenant hereby expressly acknowledges that neither the Landlord nor the Landlord's agent has or its agents have not made any representation or warranty to Tenant representations as to the suitability of the Premises for the conduct use stated above and Tenant has been advised by Landlord or its agents to make its own independent determination as to the suitability of Tenantthe Premises to the stated use, and any related zoning or other laws, ordinances, regulations and directives or any applicable covenants, conditions and restrictions affecting the Premises which may limit or restrict the stated use. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such time in a satisfactory condition. Tenant shall not commit, or permit to be committed, any waste upon the Premises, or any nuisance or other act in violation of public policy. Further, Tenant shall not commit, or suffer to be committed, anything which would subject the Landlord to responsibility or liability for injury or damage to any person or property or which would invalidate or increase the cost of any insurance coverage described in this Lease. Tenant shall comply with all rules, regulations, orders and requirements of Landlord's businessthen current insurance carrier(s) with respect to the use of the Premises and necessary for maintaining reasonable insurance coverage of the types specified in this Lease. Tenant shall not do or permit anything to be done in, or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose.
Appears in 1 contract
Sources: Lease Agreement (Navidec Inc)
Use. Tenant The premises shall use the Premises only be used for general office useand related ancillary purposes (including, as a data processing center but not limited to, training and other reasonably related activities, or only as otherwise outlined and stated in this lease entertaining customers) and for no other purpose without purposes. The occupancy rate of the Landlord's prior written consentPremises shall in no event be more than one (1) person per two hundred twenty-two (222) rentable square feet. Tenant The Premises shall not dobe used for any illegal purposes, bring or keep anything nor in or about the Premises that will cause a cancellation violation of any regulation of any governmental body, nor in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance covering or increase the rate of insurance on the Premises or the building in which Building. Tenant shall, at its own expense, promptly comply with any and all municipal, county, state and federal statutes, regulations and/or requirements applicable or relating to the Premises are located; provided use, occupancy or condition of the Premises. In the event that Tenant's use for those purposes specified Tenant takes any action in the preceding sentence future, or conducts its business in such a way that causes an increase in the insurance rate on the Building, Landlord shall not be prohibited. If the rate give Tenant notice of any insurance carried by the Landlord is increased as a result of Tenant's usesuch proposed increase, and Tenant shall pay to Landlord within have a period of ten (10) business days after written demand from Landlord, the amount of any within which to discontinue such increase. actions or use before Tenant shall comply with all laws concerning be responsible for the Premises or Tenant's use payment of the Premises, including without limitation, the obligation at Tenant's cost such increase in cost. Landlord represents and warrants to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlorda) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in for the purpose of a business office use is not prohibited by the Certificate of Occupancy (or its equivalent), for or by any manner that will tend zoning or other statutes, laws, orders, rules, regulations or ordinances (collectively, "Laws") applicable to create waste the Building or a nuisance orthe Premises or by any master or ground lease or covenants, if there shall be more than one tenant conditions or restrictions, or easements applicable to the Building or the Premises and (b) as of the building containing Commencement Date the PremisesPremises will comply with all Laws, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the provided, however, Landlord's agent has made any representation or and warranty to Tenant as to does not include the suitability of the Premises for the conduct of Tenant's businessWork.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for general office usethe Use specified in Section l(i) above, and pursuant to the Building Rules (as a data processing center defined hereunder). Without limiting the generality of the foregoing, Tenant shall not use the Premises for any retail sales. Tenant has reviewed and investigated the Building and the Property, and Tenant has determined, on its own judgment, that the Premises are suitable for Tenant’s Use. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents (as defined below) have made any representation or warranty of any kind with respect to the Premises, the Building or the Property that Tenant’s intended Use is permitted under applicable East Whiteland Township zoning ordinances or regulations with respect to the Property and Tenant waives any implied warranty of Landlord of suitability or fitness of the Premises, Building or the Property for the Use or for any other reasonably related activitiesparticular intended commercial purpose, or only except as otherwise outlined and stated expressly set forth in this lease and for no other purpose without the Landlord's prior written consentLease. Tenant shall not dopermit any conduct or condition which may endanger, bring disturb or keep anything otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant and its employees, agents and invitees may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms of this Lease, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time, in or about Landlord’s reasonable discretion upon written notice to Tenant. In the Premises that will cause a cancellation event of any insurance covering conflict between the Premises or terms of the building in which Building Rules and the Premises are located; provided that Tenant's use for those purposes specified in terms of this Lease, the preceding sentence terms of this Lease shall not control. Excepting any initial occupancy permit(s) from East Whiteland Township which, to the extent required by any Law (as defined below), shall be prohibited. If Landlord’s obligation to obtain as part of the rate of any insurance carried by the Landlord is increased as a result of Tenant's useLandlord’s Work, Tenant shall pay be responsible, at its sole cost and expense, to Landlord within ten (10) days after written demand from Landlordobtain all required permits and approvals required by East Whiteland Township and all permits and licenses required by the Commonwealth of Pennsylvania for Tenant’s Use including, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost operation of its business and the construction or installation of any Alterations (as defined below) to alter, maintain, or restore the Premises in compliance installed by or on behalf of Tenant, but the failure of Tenant to obtain any or all such licenses, permits and conformity with all laws relating to approvals shall not affect the condition, use, or occupancy of the Premises by Tenant during the term validity of this Lease. Tenant shall be responsible, at its sole cost and expense, to confirm Tenant’s Use is permitted under all applicable zoning codes and ordinances of East Whiteland Township, but if Tenant’s Use is not permitted by right, this Lease provided that shall remain in full force and effect, Tenant shall not apply for any zoning change or variance without Landlord’s written consent, in Landlord’s sole discretion, and if Landlord consents, Tenant shall be obligated (nor shall Landlord) to make any material capital improvements required by responsible, at its sole cost and expense, for applying for and pursuing such laws, ordinances, orders, rules and regulationszoning relief. For purposes of this clauseLease, “Agents” of a "material capital improvement" party means such party’s employees, agents, servants, representatives, independent contractors, subcontractors, designees or licensees and in the case of Landlord only, shall mean any capital improvementinclude without limitation, or series of capital improvements within any calendar yearWorkspace Property Management, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance orL.P., if there shall be more than one tenant of the building containing the PremisesWorkspace Property Trust, which shall unreasonably disturb L.P., and any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation associated or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessaffiliated entity.
Appears in 1 contract
Sources: Lease Agreement (Ocugen, Inc.)
Use. The premises shall be occupied and used by Tenant and Tenant's employees solely for the purpose of conducting therein the business set forth in Article 1 and shall not use or permit the Premises only to be used for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no any other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation consent of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit occupy the 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 of the Premises which is declared by any governmental authority having jurisdiction to be not in compliance with any manner that will tend to create waste applicable statute, ordinance, rule, regulation, order, restriction of record or a nuisance orrequirement which shall, if there shall be more than one tenant by reason of the building containing 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 shall unreasonably disturb will invalidate or increase the cost of any fire, extended coverage or any other tenantinsurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant hereby acknowledges that neither the shall promptly upon demand reimburse Landlord nor the Landlord's agent has made for any representation or warranty to Tenant as to the suitability of the Premises additional premium charges for the conduct such policy by reason of Tenant's businessfailure to comply with the provisions of this article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon Premises.
Appears in 1 contract
Sources: Office Space Lease (Acubid Com Inc)
Use. Tenant shall use the Premises SECTION 6.1. The leased premises may be used only for general a Loan and Thrift Company (which permits the taking of deposits and making loans) office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in (subject always to the provisions of Section 6.2 of this lease Article VI) and for no other purpose without the written consent of Landlord. Tenant agrees to occupy the leased premises upon the commencement date of the term hereof and to operate continuously the entire leased premises, fully stocked and adequately staffed during the term of this lease, and to conduct its business at all times in good faith, in a high grade and reputable manner. Tenant shall conduct its business in the leased premises during the regular customary days and hours for such type of business in the city or trade area in which the shopping center is located, and will keep the leased premises open for business during the days, nights, and hours designated by Landlord as standard Center operating periods from time to time. Tenant shall not violate any laws, ordinances and regulations affecting the leased premises or Tenant's business therein, plus insurance company requirements affecting the cleanliness, safety, use and occupation of the leased premises. Tenant shall store in the leased premises only such goods, wares and merchandise as Tenant intends to offer for sale at retail from the leased premises. Without limiting the general prohibition against other uses, it is expressly agreed that Tenant in no event will use the leased premises for the sale of liquor, for the operation of a bank, a restaurant or a video store.
SECTION 6.2. Tenant shall not, without Landlord's prior written consent. Tenant shall not do, bring conduct any auction, fire, closing-out or keep anything bankruptcy sales in or about the Premises leased premises nor obstruct the common areas or use the same for business or display purposes, nor abuse walls, ceilings, partitions, floors, wood, stone, or iron work, nor use plumbing for any purpose other than that will cause for which constructed, nor make or permit any noise or odor objectionable to the public, to other occupants of the Center or the Landlord to emit from the leased premises; nor create, maintain or permit a cancellation nuisance thereon; nor do any act to injure the reputation of the Center; nor without Landlord's prior written consent, place or permit any insurance covering radio or television antenna, loud speaker or sound amplifier, or any phonograph or other devices similar to any of the Premises or foregoing outside of the building in which the Premises leased premises is located or at any place where the same may be seen or heard outside of said building; nor, where loading and delivery services are located; provided that Tenant's provided, use or permit to be used other entrances for those purposes specified in the preceding sentence shall not be prohibited. If the rate delivery or pick-up 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 increasemerchandise. Tenant shall comply with all laws concerning not permit any blinking or flashing light to emit from the Premises or Tenant's leased premises. Tenant shall keep the leased premises and loading platform areas allowed for the use of Tenant, clean and free from rubbish and dirt at all times, and shall store all trash and garbage within the Premises, including without limitation, leased premises and will make the obligation same available for regular pick-up which Landlord will arrange at Tenant's cost expense. Tenant shall not burn any trash or garbage at any time in or about the leased premises or the Center.
SECTION 6.3. Tenant agrees not to altereither directly or indirectly operate any other retail store within a radius of five (5) miles of the leased premises of a type similar to the one authorized hereunder for the leased premises.
SECTION 6.4. Landlord reserves the right, maintainwithout liability to Tenant, to refuse admission to the Center and the leased premises outside ordinary business hours to any person not known to any watchman in charge, or restore properly identified, to eject any person from the Premises in compliance and conformity with all laws relating Center whose conduct may tend to be harmful to the condition, use, safety and interest of Center tenants or occupancy to close any part of the Premises by Center during any riot or other commotion where person or property may be imperiled.
SECTION 6.5. Tenant during may use the Center name as its advertised address when referring to its business in the leased premises in newspaper and other advertising. The right to use such name for such purpose for the term of this Lease provided that lease is hereby licensed by Landlord to Tenant. Landlord retains all property rights in such name and Tenant shall not be obligated (nor shall Landlord) acquire or have any rights in or to make any material capital improvements required such name other than as are expressly granted by such laws, ordinances, orders, rules and regulations. For purposes of Landlord in this clause, a "material capital improvement" shall mean any capital improvement, Section 6.5 or series of capital improvements within any calendar year, costing otherwise in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businesswriting.
Appears in 1 contract
Use. The Leased Premises shall be used by Tenant shall use the Premises only for general office useand warehouse purposes, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentonly. Tenant shall not doshall, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useat its sole cost and expense, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall promptly comply with all laws concerning governmental laws, ordinances and regulations (Federal, state and municipal) applicable to the Leased Premises or and Tenant's use of the Premises, including without limitation, the obligation at Leased Premises in its business operations. Landlord agrees to cooperate in Tenant's efforts to obtain necessary permits and licenses to commence its business operation, provided, however, that this shall be at the sole, cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy expense of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Tenant. Tenant shall not use permit any excessive odors, smoke, dust, gas, noise or vibration to emanate from the Leased Premises, nor take any other action which would constitute a nuisance. Tenant shall not receive, store or otherwise handle, any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the use of the Leased Premises to be used for any purpose or in any manner that will tend to create (including, without Tenant shall not permit the storage or discharge into the earth or its atmosphere of effluents, waste or a nuisance orother materials, if there solid, liquid or gaseous. No waste or other materials shall be more than one tenant disposed of by Tenant in any way or manner which would or will in the building containing future cause the PremisesTenant and/or Landlord to be liable for fines and penalties under the laws or rules currently in effect (Federal, which shall unreasonably disturb state and/or municipal) or to incur expenses of any other tenantsort to correct any such condition. Tenant hereby acknowledges that neither the shall indemnify and hold Landlord nor the Landlord's agent has made harmless from and against any representation claims, fines, penalties or warranty to Tenant as to the suitability causes of the Premises for the conduct action arising out of Tenant's businessfailure to comply with the provisions of this Section.
Appears in 1 contract
Sources: Lease Agreement (Execustay Corp)
Use. Tenant shall use the Premises only for general office use, as a data processing center the purpose set forth in Subparagraph J of the Fundamental Lease Provisions above and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. and Tenant shall not do, bring use or keep anything in or about occupy the Premises that will cause a cancellation in violation of any insurance covering law or of the certificate of occupancy issued for the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useand shall, Tenant shall pay to Landlord within ten upon five (105) days after days’ written demand notice from Landlord, discontinue any use of the amount Premises which is to be a violation of any such increasethe use authorized above, law or of said certificate of occupancy. Tenant shall comply at its sole expense with all laws concerning the Premises any statute, rule, regulation, order or Tenant's use direction of any governmental authority having jurisdiction, which shall by reason of the Premises, including without limitation, the obligation at nature of Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, ’s use or occupancy of the Premises by impose any duty upon Tenant during or Landlord with respect to the term Premises, or with respect to the use of this Lease provided that occupation thereof. Tenant shall not do or permit to be obligated (nor done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Premises and/or property located therein. Tenant shall, at its sole cost, comply with all requirements of any insurance company or organization necessary for the maintenance of reasonable fire and public liability insurance covering the Premises and appurtenances. Tenant shall Landlord) promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes comply with the provisions of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Paragraph. Tenant shall not use or permit the use of allow the Premises in to be used for any manner that will tend to create waste improper, immoral, unlawful or a objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance orin, if there shall be more than one tenant of the building containing on or about the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither shall not commit or suffer to be committed any waste in or upon the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessPremises.
Appears in 1 contract
Sources: Lease Agreement (Circle Bancorp)
Use. Tenant shall use the Premises only for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease General Office Purposes and for no other purpose without the Landlord's prior written consent. .Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000Lease. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby accepts the Premises in their condition existing as of the date that Tenant possesses the Premises, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations governing or regulating the use of the Premises and accepts this Lease subject thereto and to all matters disclosed thereby. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Use. Tenant shall use the Premises only as described in the Basic Lease Provisions and shall not use or allow the Premises to be used for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no any other purpose without the Landlord's prior written consent. Tenant shall not doconsent of Landlord, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence consent shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000unreasonably withheld. Tenant shall not use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant, at its sole cost and expense, except as may be provided elsewhere in this lease, , agrees to comply with all laws, rules, regulations and directions of any manner that will tend to create waste or a nuisance orgovernmental authority having jurisdiction which shall, if there shall be more than one tenant by reason of the building containing 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 shall unreasonably disturb will invalidate or increase the cost of any fire, extended coverage or any other tenantinsurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant hereby acknowledges that neither shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of ▇▇▇▇▇▇'s failure to comply with the Landlord nor the Landlord's agent has made any representation or warranty to provisions of this Article. Tenant as to the suitability of shall not allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the conduct of Tenant's businessPremises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.
Appears in 1 contract
Use. 9.1 Tenant shall use and occupy the Premises only during the Term for general office use, as a data processing center purposes and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consentconsent of Landlord. Tenant shall not douse, bring suffer or keep anything in or about the Premises that will cause a cancellation of any insurance covering permit the Premises or any part thereof to be used for any other purpose or purposes without obtaining written consent of Landlord, which consent shall not be unreasonably withheld.
9.2 Nothing contained in this Lease shall be construed to prohibit or limit Landlord from using or leasing any portion of the building in Building, development, or project of which the Premises are located; provided that Tenant's a part, or any other property owned or controlled by him, for any lawful purpose.
9.3 Should Tenant commit or permit any act or acts upon the Premises or use for those purposes specified the Premises or permit the Premises to be used in any manner which will increase the preceding sentence shall not be prohibited. If the existing rate of insurance on the Building, any insurance carried part thereof or its contents or any part thereof, such additional expense shall be paid 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 delivery to Tenant of notice of such increase. Tenant shall comply with all laws concerning not, however, commit any acts which will cause the cancellation of any insurance policy. Tenant shall not sell or permit to be kept, used or sold in or about the Premises any article which may be prohibited by the standard form of fire insurance policies, as such now or are hereafter provided, covering the Building, any part thereof, or its contents.
9.4 Tenant shall not commit or suffer to be committed any waste upon the Premises or Tenant's use any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore Building in which the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that are located. Tenant shall not use the Premises or permit the Premises to be obligated (nor shall Landlord) used in whole or in part for any purpose that is deemed to make be in violation of any material capital improvements required 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, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing rules in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant deemed to be a conclusive determination of that fact between Landlord and Tenant.
9.5 Upon the building containing the Premisesexpiration or sooner termination of this Lease, which Tenant shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of quit and surrender the Premises for the conduct of Tenant's businessto Landlord in good condition and repair reasonable wear and tear excepted.
Appears in 1 contract
Sources: Office Lease (Agile Software Corp)
Use. Tenant shall use the Premises only for general office use, as a data processing center Office/production/warehousing and other reasonably related activities, or only as otherwise outlined incidental uses and stated in hereby agrees that it has determined to its satisfaction that the Premises can be used for those purposes. Tenant waives any right to terminate this lease and in the event the Premises cannot be used for no such purposes during the Lease term. The premises may not be used for any other purpose without the Landlord's prior written consent. Tenant shall not do, bring do or keep permit anything to be done in or about the Premises that or bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises Building or any part thereof or any way obstruct or interfere with the building in which rights of other tenants or occupants of the Building or injure or annoy them or use or allow the Premises are located; provided that Tenant's use to be used for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useimproper, Tenant shall pay to Landlord within ten (10) days after written demand from Landlordimmoral, the amount of any such increase. Tenant shall comply with all laws concerning the Premises unlawful or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000objectionable purpose. Tenant shall not use commit or permit suffer to be committed any waste in or upon the use Premises. Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises in any manner that will tend signs, symbols, drapes or other materials without written consent of Landlord. Tenant shall not, without Landlord's prior written consent, keep any substances designated as, or containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to create waste regulation under any federal, state, or a nuisance orlocal law, if there shall be more than one tenant of the building containing regulation, or ordinance on or around the Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall unreasonably disturb any other tenantuse, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant hereby acknowledges that neither shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the use, storage, disposal, transportation, generation or sale by Tenant (or its employees, agents, contractors or invitees) of hazardous substances on the Premises. Landlord nor gives Tenant and its employees, authorized representatives, and business invitees a nonexclusive right to the reasonable use and enjoyment of the Common Areas, subject to Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's businessrights set forth herein.
Appears in 1 contract
Use. The Premises shall be used only for offices and for the purpose of manufacturing, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be related thereto. Tenant shall use have the right to park trucks, trailers and other vehicles in the parking areas serving the Premises only at all times during all terms of this Lease. All outside garbage containers shall be subject to Landlord's approval, which shall not be unreasonably withheld or delayed. Otherwise, outside storage shall be prohibited without Landlord's consent. Landlord shall at its own cost obtain a certificate of occupancy for general office Tenant's use of the Premises, and Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, as a data processing center ordinances and other reasonably related activitiesregulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances caused by Tenant in or upon, or only as otherwise outlined and stated in this lease and for no other purpose without connected with, the LandlordPremises, all at Tenant's prior written consentsole expense. Tenant shall not dopermit any unreasonable quantities of smoke, bring dust, gas, noise or keep anything in vibrations or about odors to emanate from the Premises that will cause Premises, nor take any other action which would constitute a cancellation nuisance or would unreasonably disturb or endanger other tenants of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's situated or unreasonably interfere with the use of their respective premises. Tenant will not permit the Premises to be used for those purposes specified any purpose or in any manner (including without limitation any method of storage) which would render the preceding sentence shall not be prohibited. If insurance thereon void or the rate insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow 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 increasesprinkler credits. Tenant shall comply with all laws concerning abide by the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes regulations attached hereto as Exhibit "C" as reasonably amended from time to time by Landlord after reasonable written notice of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend such charge is delivered to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Use. Tenant shall not use, occupy or operate the whole or any part of the Premises for any purpose other than that set forth under Permitted Use in the Fundamental Lease Provisions; nor shall Tenant permit the same to be used for any other purpose. Tenant shall further use the Premises only for general office usein accordance with the Rules and Regulations from time to time adopted by Landlord and in such manner as will not interfere with or infringe on, as a data processing center and the rights of other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified tenants in the preceding sentence shall not be prohibitedShopping Center. If the rate A copy of any insurance carried such Rules and Regulations presently in effect are attached hereto as Exhibit A and by the Landlord is increased as this reference made 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 increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part hereof. Tenant shall not use or occupy the Premises in violation of any law, ordinance, regulation or other directives of any governmental authority having jurisdiction hereof, not permit a nuisance to be created or maintained therein. Tenant shall not maintain or permit any coin operated or vending machines within or about the use Premises without the prior written consent of Landlord. During the term hereof, Tenant shall be in continuous use, occupancy and operation of the entire Premises, shall conduct business in the Premises for the purposes herein stated and shall not vacate or abandon the Premises or allow the same to appear vacated or abandoned. Tenant shall conduct its business in the Premises under the trade name set forth under Tenant's Trade Name in the Fundamental Lease Provisions, and under no other name or trade name unless first approved in writing by Landlord. Tenant shall not allow any odor or sound produced or originating in the Premises to be detectable outside the Premises and shall, at its sole expense, exhaust and/or filter all such odors in such manner that they cannot be detected outside the Premises and sound proof the wall of the Premises in any such manner that will tend to create waste or a nuisance orsuch sounds cannot be heard outside the Premises. Tenant shall not, if there shall be more than one tenant under any circumstances, conduct in the Premises of the building containing Shopping Center any auction or bankruptcy sale or fire sale or going-out-of business sale or any similar liquidation sale, it being agreed that the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as same are inconsistent and in conflict with and would be detrimental to the suitability interest of the Premises for the conduct of Landlord and Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Talk America)
Use. (a) Tenant shall occupy, operate and use the Premises only for general office use, the Permitted Uses during Business Hours (as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without hereinafter defined) of the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseBuilding. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations (including, but not limited to, the Americans with Disabilities Act of 1990), now or hereinafter enacted (“Laws”) applicable to the Premises, Tenant’s occupancy, use or manner of use of the Premises and shall promptly comply with all governmental orders and directives at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises or take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises or the Common Areas. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable.
(b) Tenant shall not use, handle, store, discharge or fabricate any Hazardous Substances (as hereinafter defined) in the Premises. The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes or pollutants or contaminants, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance, statute, rule, regulation or directive promulgated by any governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that: (i) no activity will be conducted on the Premises that will produce any Hazardous Substance; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such materials as are customarily used in general business offices in office buildings of this type (the “Permitted Materials”) provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Landlord; (iii) Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Furthermore, Tenant shall not use any part of the Premises or the Park without the written consent of Landlord and lender, for any dry cleaning activities involving chlorinated solvents or use chlorinated solvents in the operation of its business, except for products typically used in offices or restaurants, in which case, all of the removal, disposal and indemnification provisions of this Lease shall apply. If, at any time during or after the Term, the Premises are found to be so contaminated or subject to said conditions as a result of a condition caused by Tenant only, Tenant agrees to indemnify and hold Landlord, its trustees, partners, affiliates, shareholders, officers, directors, employees, agents, contractors and the Manager (“Indemnitees”) harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the presence or the use of Hazardous Substances in the Premises by Tenant's .
(c) Tenant will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building is caused by Tenant’s use and occupancy of the Premises, including without limitationor if Tenant vacates the Premises and causes an increase in such premiums, then Tenant shall pay the obligation at Tenant's cost amount of such increase to alter, maintainLandlord as Additional Rent.
(d) If Tenant shall receive notice of any violation of, or restore the Premises in compliance and conformity with all laws relating defaults under, any Laws or Environmental Laws, liens or other encumbrances applicable to the conditionPremises, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated give prompt notice thereof to Landlord.
(nor shall Landlorde) Tenant agrees that the floor load resulting from Tenant’s furniture, inventory and equipment pertaining to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the Tenant’s use of the Premises shall not exceed allowable design floor loading for the Building. Tenant shall hold harmless Landlord from any loss, liability and expenses, both real and alleged, arising out of or caused by Tenant’s negligence or failure to comply with this Subparagraph (e).
(f) The Premises shall not be used for any purpose that would, in any manner that will tend to Landlord’s reasonable judgment, create waste unreasonable or a nuisance orexcessive elevator or floor loads, if there shall be more than one tenant violate the certificate of occupancy of the building containing Building, impair or interfere with any of the PremisesBuilding operations or the proper and economic heating, which shall unreasonably disturb air-conditioning, cleaning or any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability services of the Premises for Building or impair the conduct appearance of Tenant's businessthe Building.
(g) The provisions of Paragraph 4 shall survive the termination or earlier expiration of this Lease.
Appears in 1 contract
Use. A. Tenant shall use the Leased Premises only solely for general office use, as a data processing center the Permitted Use and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use the Leased Premises or permit the use Leased Premises to be used, for any other purpose whatsoever without the prior written consent of Landlord, which may be withheld in Landlord’s sole and absolute discretion. Tenant shall, at ▇▇▇▇▇▇’s sole cost and expense, comply with all Laws affecting the Leased Premises including the making of any and all alterations or other improvements to the Leased Premises as are required by Laws. In no event shall Tenant use, occupy, alter or perform any activities within the Leased Premises in any a manner or for purposes which are prohibited by zoning or similar laws or regulations, or declarations, covenants, conditions, limitations, easements or restrictions now or hereafter of record which are applicable to the Leased Premises (unless Tenant seeks and obtains appropriate variances or waivers therefrom).
▇. ▇▇▇▇▇▇ acknowledges and agrees it is solely responsible for determining if the Permitted Use complies with all zoning regulations, and that will tend to create waste Landlord makes no representation (explicit or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation implied) concerning such zoning regulations or warranty to Tenant as to the suitability of the Leased Premises for the conduct Permitted Use.
C. Tenant acknowledges that (i) nothing set forth in the Lease exempts the Leased Premises from applicable laws and regulations in effect from time to time in the District of Tenant's businessColumbia, and (ii) execution of this Lease by Landlord is not binding upon, and does not affect the jurisdiction of or the exercise of police power by, governmental authority or independent agencies of the District of Columbia, including without limitation any zoning agency or board.
Appears in 1 contract
Sources: Lease Agreement
Use. Tenant (a) The Premises shall be used only for the purpose set forth in Item 18 of the Basic Lease Provisions and for reasonable and customary uses ancillary thereto, and shall not be used for any other purpose. Landlord shall have the right to deny its consent to any change in the permitted use of the Premises only for general office usein its sole and absolute discretion.
(b) Outside storage including, as a data processing center without limitation, drop shipments, dock storage, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's ’s prior written consent. Tenant shall not doobtain, bring or keep anything in or about at Tenant’s sole cost and expense, any and all licenses and permits necessary for ▇▇▇▇▇▇’s contemplated use of the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increasePremises. Tenant shall comply with all laws concerning existing and future governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premises, including without limitationas well as all requirements of Landlord’s insurance carrier. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the obligation at Tenant's cost to alterPremises, maintainnor take any other action which would constitute a nuisance or which would disturb or endanger any other tenants of the Property, or restore unreasonably interfere with such other tenants’ use of their respective space. Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable.
(c) If any Legal Requirement shall, by reason of the Premises in compliance and conformity with all laws relating to the condition, use, nature of Tenant’s particular use or occupancy of the Premises by Tenant during the term of this Lease provided (as opposed to laws that Tenant shall not be obligated (nor shall Landlord) generally apply to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises or Property), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises or the Property, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Legal Requirements at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for the Premises complying with all sprinkler and high pile storage Legal Requirements. If the Building (excluding the Premises) is determined by applicable governmental agencies to not be in any manner compliance with Legal Requirements applicable to the Property as of the Commencement Date, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in CAM), for making all alterations and repairs to the Property (excluding the Premises) required by such governmental agencies so that will tend the Property (excluding the Premises) complies with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (including, but not limited to, Title III of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to create waste or a nuisance ortime, including, without limitation, all Legal Requirements that pertain to the building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Property after the Commencement Date of this Lease) affecting the Property (excluding the Premises), which require Landlord to make capital expenditures or repairs to the Property (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be more than one tenant of included in CAM which shall be reimbursed by the building containing tenants in the Property over a commercially reasonable period not to exceed 10 years. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees to maintain the Property (except the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business) in compliance with all Legal Requirements.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for general office usethe purpose of medical office,including without limitation MRI imaging, as a data processing center well as, receiving, storing, and shipping(other than retail)products, materials and merchandise made and/or distributed by Tenant and for such other Iawful purposes as may be incidental thereto,and subject to any rules and regulations of Landlord,Gwinnett County,the state of Georgia or the Federal Government. Outside storage,including without limitation,trailers,trucks and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose vehicles,is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increasetheir Use. Tenant shall comply with all laws concerning governmental laws,ordinances and regulations applicable to the Use of the Premises, and shall promptly comply with all governmental orders and directives for the correction,prevention and abatement of nuisances in or upon, or connected with the Premises,all at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors,smoke,dust,gas,noise vibrations,or potentially dangerous materials to emanate from the Premises, nor take any other action which would constitute a nuisance or would otherwise disturb or endanger or unreasonably interfere with any tenants, maintenance personnel or guests within or about their Premises or their use thereof. Without Landlord's prior written consent,Tenant shall not receive,store or otherwise handle any product,material or merchandise which is explosive,highly flammable,illegal,or otherwise regulated without proper documentation and approvals. Tenant will not permit the Premises to be used for any purpose or in any manner(including without limitation any method of storage)which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or other tenants for the Building in which Tenant occupies space is caused by Tenant's use and occupancy of the Premises,or if Tenant vacates the Premises and causes an increase in such premiums,then Tenant shall pay as Additional Rental the amount of such increase to Landlord. Notwithstanding,Tenant's Use shall be fully compliant under the Gwinnett County M-2 Zoning laws.
(a) Tenant agrees that the point pressure resulting from Tenant's racking system,inventory,forklifls and equipment pertaining to Tenant's use of the Premises, including without limitation, Premises(to the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall extent applicable)shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000exceed allowable design floor loading for floor slabs on grade. Tenant shall not use hold harmless Landlord from any loss,liability,and expenses,both real and alleged, arising out of such damage or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of repair caused by Tenant's businessnegligence or failure to comply with this Section 7. 8.
Appears in 1 contract
Sources: Lease Agreement
Use. The Premises shall be used only for the purpose of general office, receiving, storing, shipping, assembly, light manufacturing, and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant shall and for such other lawful purposes as may be incidental thereto. Tenant's current use of the Premises only for general office useis acceptable to Landlord. Outside storage, as a data processing center including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant may park one delivery-type truck on the property. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not dopermit any objectionable or unpleasant odors, bring smoke, dust, gas, noise or keep anything in vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or about the Premises that will cause a cancellation would disturb or endanger any other tenants of any insurance covering the Premises or the building in which the Premises are located; provided that Tenantsituated or unreasonably interfere with their use of their respective Premises. In addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's useprior written consent, Tenant shall pay to Landlord within ten (10) days after written demand from Landlordnot receive, the amount of store or otherwise handle any such increaseproduct, material or merchandise which is explosive or highly flammable. Tenant shall comply with all laws concerning will not permit the Premises to be used for any purpose or in any manner (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Tenant's use of the PremisesPremises shall result in an increase in insurance premiums, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises solely responsible for the conduct of Tenant's businesssaid increase.
Appears in 1 contract
Use. Tenant Sublessee shall use the Premises only as described in the Basic Sublease Provisions and shall not use or allow the Premises to be used for general office use, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no any other purpose without the Landlord's prior written consentconsent of Sublessor. Tenant Sublessee shall not douse or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, bring and shall, upon written notice from Lessor or keep Sublessor discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Sublessee, at its sole cost and expense, agrees to comply with all laws, rules, regulations and directions of any governmental authority having jurisdiction which shall, by reason of the nature of Sublessee's use or occupancy of the Premises, impose any duty upon Sublessee, Sublessor, or Lessor with respect to the Premises or with respect to the use or occupation thereof. Sublessee shall not do or permit to be done anything which will invalidate or increase the cost of any fire coverage, extended coverage or any other insurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Sublessee shall promptly, upon demand, reimburse Sublessor for any additional insurance premium charged by reason of Sublessee's failure to comply with the provisions of this Article. Sublessee shall not do or permit anything to be done in or about the Premises that premises which will cause a cancellation in any way obstruct or interfere with the right of any insurance covering other tenants or occupants of the Building, their guests or invitees, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Sublessee cause, maintain or permit any nuisance in, on or about the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence Premises. Sublessee shall not commit or suffer to be prohibited. If the rate of committed 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 increase. Tenant shall comply with all laws concerning the Premises waste in or Tenant's use of upon the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Sublease (Jb Oxford Holdings Inc)
Use. Tenant The Premises shall use the Premises only be used for general storage, service, design, ancillary office useand final assembly of electrical charging stations and components, as a data processing center and other reasonably related activities, or only as otherwise outlined and stated in this lease and for no other purpose use. The Premises shall be used for no other purpose(s) without the Landlord's ’s prior written consentconsent which may be withheld in Landlord’s sole and absolute discretion. Landlord may require Tenant to reimburse Landlord for the reasonable cost (including, but not necessarily limited to, administrative expenses, attorney’s fees, and architect’s fees) of reviewing, investigating, and processing any request by Tenant for consent to any such new use(s) of the Premises. Any funds, so expended by Landlord shall be due and payable by Tenant to Landlord upon ten (10) days notice. Tenant shall not neither do (nor permit others to do, bring or keep anything ) any act in or about the Premises that is unlawful or that will cause a cancellation of any insurance covering increase the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the existing rate of any insurance carried by on 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, Building and/or the amount of any such increasePremises. Tenant shall not commit or allow to be committed any waste upon the Premises, or any public or private nuisance. Tenant shall promptly (and at Tenant’s sole expense) comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain(whether now in effect, or restore the Premises in compliance and conformity with all laws subsequently enacted) relating to the condition, use, or Tenant’s use and occupancy of the Premises by Tenant during including but not limited to ADA, and shall observe the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, reasonable rules and regulations. For purposes of this clauseregulations which may be adopted by Landlord for the safety, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000. Tenant shall not use or permit the use care and cleanliness of the Premises and the Property. In particular, and without limiting the foregoing, except as otherwise expressly provided in any manner that will tend to create waste or a nuisance orthis Lease, if there shall be more than one tenant no storage and no act or omission which violates any federal, state or local ordinance controlling the uses or presence of the building containing the Premiseshazardous substances, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as including but not limited to the suitability of the Premises for the conduct of Tenant's businessComprehensive Environmental Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA).
Appears in 1 contract
Sources: Lease (Volta Inc.)
Use. Tenant The demised premises shall use the Premises be used only for general office usethe purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as a data processing center may be incidental thereto. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles and the washing thereof at any time, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of at its own cost and expense obtain any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use and all licenses and permits necessary for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increaseuse. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations applicable to the Premises or Tenant's use of the Premisespremises, including without limitationand shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances, in or upon, or connected with, the obligation premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the use of the Premises premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste or a nuisance or, if there shall be more than one tenant disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the building in which Tenant occupies space is caused by Tenants use and occupancy of the building containing premises, or if Tenant vacates the Premisespremises and causes an increase in such premiums, which then Tenant shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither pay as additional rental the Landlord nor the amount of such increase to Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Cd Warehouse Inc)
Use. Tenant (a) The Premises shall use the Premises be used only for general office usethe purpose of storage, as a data processing center distribution and sales of safety equipment and other reasonably related activities, or only as otherwise outlined and stated in this lease and products for no other purpose outdoor sports. Outside storage is prohibited without the Landlord's ’s prior written consent, except for the outside storage of Tenant’s trucks and trailers within the designated area for such trucks and trailers. Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe and subject to rights of ingress and egress of other tenants. Tenant shall not do, bring or keep anything in or about at its own cost and expense obtain any and all licenses and permits necessary for its use of the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increasePremises. Tenant shall comply with all laws concerning governmental laws, ordinances and regulations and any and all covenants, easements and restrictions affecting the Premises or Tenant's and applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives including without limitationthose regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the obligation Premises, all at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants at the Property, 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 other merchandise which is explosive or highly flammable. Tenant will not permit the Premises to be used for any purpose or in any manner (including any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the insurance regulatory authority for the state in which the Premises are situated or other insurance authority to disallow any sprinkler credits. In the event Tenant’s use of the Premises shall result in any manner that will tend to create waste or a nuisance oran increase in insurance premiums, if there Tenant shall be more than one tenant of the building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises solely responsible for the conduct payment of Tenant's businesssaid increase.
Appears in 1 contract
Sources: Lease Agreement (Leatt Corp)
Use. The Premises may be used only for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and or distributed by Tenant shall and for such other lawful purposes in accordance with the applicable zoning requirements and ordinances. Notwithstanding the foregoing, Tenant may use the Premises premises for limited and occasional retail purposes provided (a) such use may not violate any applicable laws, zoning ordinances or other rules or regulations and (b) Tenant must be the only for general office usetenant in the Building. If there is ever another tenant in the Building, as a data processing center retail use of any type must be approved in writing by Landlord using commercially reasonable judgment. Outside storage, including without limitation, trucks and other reasonably related activitiesvehicles, or only as otherwise outlined and stated in this lease and for no other purpose is prohibited without the Landlord's prior written consent. , provided Tenant may park trucks, trailers, and other vehicles in the truck court or other areas designated by Landlord for trailer storage, subject to the fooling requirements: (i) all trucks, trailers and other vehicles shall not do, bring or keep anything be parked in or about an organized manner with a neat appearance; (ii) no vehicle shall remain parked at the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are locatedfor more than one week; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10iii) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning applicable rules, regulations and laws, including all local zoning ordinances that relate to the parking of vehicles at the Premises; (iv) Tenant shall not permit the parking of vehicles, trucks or trailers on any streets or access routes to the Premises; and (v) Tenant shall comply with the reasonable rules and regulations of Landlord relating to parking and ingress and egress to the Premises. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for Tenant's operations. Tenant shall, at Tenant's sole expense, promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises or and related to Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000thereof. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor allow pests or vermin in the Premises nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the Project or unreasonably interfere with their use of 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 inflammable. Tenant will not permit the use of the Premises to be used for any purpose or in any manner that will tend (including without limitation any method of storage) which would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to create waste or a nuisance ordisallow any sprinkler credits. Upon obtaining actual knowledge, if there Tenant shall be more than one tenant immediately notify Landlord of the building containing presence of any prohibited items on or around the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as to the suitability of the Premises for the conduct of Tenant's business.
Appears in 1 contract
Use. The Premises may be used for any purpose permitted by Laws, including, but not limited to, office purposes, light manufacturing or assembly, and product research and testing of medical devices, and other uses incidental to the foregoing, but subject to the terms, conditions and restrictions set forth in the Planned Unit Development Agreement, as modified by the City of New Brighton Resolution No. 07-103 and a Planned Unit Development Declaration executed by Landlord (as modified, the “PUD”), Contract for Private Redevelopment between the City of New Brighton and Landlord (the “Developer’s Agreement) and the Declaration (defined in Section 5.2(a)(5) herein). Tenant shall comply with all present and future Laws, the PUD, and the Developer’s Agreement relating to Tenant’s use or occupancy of the Premises only (and make any repairs, alterations or improvements as required to comply with all such Laws, provided that in no event shall Tenant be responsible for general office usemaking any required repairs, alterations or improvements required by any Laws existing as a data processing center of the Commencement Date unless due to Tenant’s specific and other reasonably related activitiesunique use or occupancy of the Premises), or only and shall observe the “Building Rules” (as otherwise outlined defined in Section 27 - Rules and stated in this lease and for no other purpose without the Landlord's prior written consentRegulations). Tenant shall not do, bring bring, keep or keep sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at Tenant's cost to alter, maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, ordinances, orders, rules and regulations. For purposes of this clause, a "material capital improvement" shall mean any capital improvement, or series of capital improvements within any calendar year, costing in excess of $25,000part thereof. Tenant shall not use or permit the use of the Premises to be occupied or used in any manner that will tend to create constitute waste or a nuisance ornuisance. Tenant shall not, if there shall be more than one tenant 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 building containing heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the PremisesBuilding (“Building Systems”), which shall unreasonably disturb or jeopardize the structural integrity of the Building or any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or warranty to Tenant as part thereof; (ii) connect to the suitability utility systems of the Building any apparatus, machinery or other equipment other than as contemplated in the second sentence of this Section 5.1; or (iii) connect to any electrical circuit in the Premises for any equipment or other load with aggregate electrical power requirements in excess of 80% of the conduct rated capacity of Tenant's businessthe circuit.
Appears in 1 contract