Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Use. The Premises shall be used for office purposes (athe "PERMITTED USE") Tenant shall occupy and use for no other purpose. Neither Landlord nor its agents or employees have made any representation or warranty as to the suitability of the Premises only for the Use specified conduct of Tenant's business. Tenant agrees not to use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or which, in Section l aboveLandlord's reasonable opinion, and pursuant creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In the event there shall be any increase in the cost of insurance coverage with respect to the Building Rules (which results from Tenant's acts or conduct of business, then Tenant hereby agrees to pay the amount of such increase on demand. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as defined hereunder)not to unreasonably interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, condition or occupancy of the Premises. Tenant covenants not to introduce any toxic material into or near Building. Without limited limiting the generality of the foregoing, Tenant shall not store, use the Premises for or dispose of any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose toxic material in or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of near the Building. Tenant may shall comply with all applicable federal, state, and local laws or ordinances pertaining to the storage, use all Common Areas only for their intended purposesor disposal of any toxic material. 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 Tenant will comply with the rules and regulations attached to this Lease as Exhibit “B” as they may be amended of the Building adopted and altered by Landlord from time to timetime and will cause all of its agents, employees, invitees and visitors to do so. In All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the event existing rules and regulations is attached hereto as Exhibit "H" and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of any conflict between the Building Rules Premises, and this Lease, at the termination of this Lease shall controlto deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Tenant shall will not conduct or permit to be responsibleconducted any sale by auction on the Premises. (See Addendum, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertySection 5).
Appears in 2 contracts
Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)
Use. (a) The Tenant shall use and occupy the Demised Premises for offices, warehousing and use the Premises only for the Use specified in Section l abovedistribution of cosmetics, fragrances and personal care items, and pursuant for repackaging of cosmetics, fragrances and personal care items only, and for no other purpose. If Tenant desires to expand or change the Building Rules (as defined hereunder). Without limited the generality of the foregoingaforementioned uses, Tenant shall not do so without first obtaining Landlord's written consent. Landlord agrees not to unreasonably withhold its consent, if the use the Premises is for any onwarehousing only of products which are consumer products, and are non-site retail saleshazardous and are not toxic pollutants. Tenant waives any implied warranty of In all other events, Landlord that the Premises is suitable may, for Tenant’s intended commercial purpose or Tenant’s permitted Use no reason or for any other purpose under any and all applicable zoning ordinances reason, not consent to a change or regulationsexpansion of use. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms It being a consideration of this Lease, Landlord that the use of the premises shall have exclusive control be limited, to those uses as otherwise hereinbefore specified, and Tenant may not, use the premises for manufacturing or the warehousing of all Common Areas any product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at all timesregular rates, or which will cause or be likely to cause structural damage to the Building or any part thereto, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof, and shall not use or occupy or permit the Demised Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority. “Building Rules” means Except for the rules and regulations attached to products contemplated by the permitted uses in this Section 2.01, Tenant shall not, during the term of this Lease store upon the premises, hazardous substances as Exhibit “B” as they that term may be amended defined from time to timetime by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of products contemplated by the permitted uses in this Section 2.01 shall during the term of this Lease be in compliance with all applicable laws and regulations, whether federal, state or local, and whether environmental or otherwise. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. In the event the Tenant cannot obtain the continued certificate of any conflict between occupancy for the Building Rules uses of the Demised Premises described in the first sentence of this Section 2.01, then in such event, Tenant shall have the right, prior to Tenant taking occupancy, to terminate this Lease; such right of termination in all events to be exercised no later than ten (10) days from the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. Tenant acknowledges and recognizes that Tenant will have to undertake ordinary and usual improvements required by the municipality, such as, but not limited to, in rack sprinklers, exit areas marked on the floor, exit signs, etc. If Tenant is required to undertake other improvements in order to obtain the continued certificate of occupancy, such improvements specifically required by the municipality by reason of Tenant's peculiar use, and if the collective cost thereof is more than FIVE THOUSAND and NO/100 Dollars ($5,000.00), then Tenant shall have the right to terminate this Lease, this Lease shall control. Tenant shall such right to be responsibleexercised, at its sole cost and expensein all events, to obtain all required permitswithin the ten (10) day time period as heretofore provided, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyTIME BEING OF THE ESSENCE.
Appears in 2 contracts
Sources: Lease Agreement (Inter Parfums Inc), Lease Agreement (Jean Philippe Fragrances Inc)
Use. (a) Tenant The Premises shall occupy and use the Premises only be used exclusively for the Use specified research, development and manufacture of botulinum toxin pharmaceutical products for use in Section l abovethe treatment of neurological diseases and conditions, and pursuant directly related activities and related office uses and no other purpose, without the prior written consent of Lessor which consent shall not be unreasonably withheld, conditioned or delayed. Said permitted use is expressly conditioned upon Lessee obtaining and maintaining throughout the term of this Lease and any extension thereof all necessary approvals from, and giving notice to, the United States Food and Drug Administration (“FDA”) which are required for the activities being undertaken by Lessee in the Premises, and Lessee obtaining and maintaining throughout the term of this Lease and any extension thereof all such other approvals from, and giving notices to, the FDA and any other governmental agency which has or may have jurisdiction over such activities which are required from time to time during the term of this Lease and any extension thereof in connection therewith. Lessor’s approval of any other use of the Premises, including research regarding any other substance or the manufacture of any other drug or biologic product, may be conditioned upon Lessee fully disclosing the nature of any other research or manufacturing activity and Lessee obtaining all necessary approvals and permits for such new use. Lessor’s consent may be denied, and such denial will be deemed to be reasonable, if Lessor determines in Lessor’s solo discretion that the proposed use will materially increase Lessor’s risks of loss or liability above those risks of loss or liabilities resulting from Lessee’s permitted use of the Premises, including, but not limited to, risk of contamination of the Building Rules (as defined hereunder). Without limited or any part thereof or risk of adverse health consequences to any person who might enter the generality Building or the Premises, with or from any substance that reasonably could be determined either to cause significant adverse health consequences or to interfere substantially with the operation of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of tenant in the Building. Tenant may use all Common Areas only for their intended purposes. Subject to TenantIn connection with Lessee’s use of the Common Areas and the terms of this LeasePremises, Landlord Lessee shall have (a) the exclusive control use of those twenty (20) parking spaces designated on Exhibit A so long as Lessee abides by all Common Areas at all times. “Building Rules” means the reasonable rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In promulgated by Lessor regarding such use and (b) the event non-exclusive use of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by common areas of the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyBuilding.
Appears in 2 contracts
Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l abovePermitted Use. Tenant will not occupy or use the Premises, and pursuant to the Building Rules (as defined hereunder). Without limited the generality or permit any portion of the foregoingPremises to be occupied or used, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that business or purpose other than the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Project or contents; and in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Project or contents created by Tenant’s acts or conduct of business then Tenant shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the insurance increase to be fully eliminated, and acceptance of such payment shall not constitute a waiver of any of Landlord’s other purpose under rights provided herein. Landlord hereby agrees and acknowledges that based on what Landlord knows of Tenant’s intended use of the Premises, the Permitted Use shall not increase Landlord’s fire insurance rates. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Project. Tenant will maintain the Premises in a clean and safe condition and will comply with all applicable zoning ordinances laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or regulationsbodies having any jurisdiction thereof) with reference to its specific manner of use of the premises. Tenant will not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the exterior of the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, including but not limited to trucks or other vehicles or equipment shelter, is prohibited without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant shall not permit its employees or invitees to transport or store any conduct Hazardous Substance, except for standard office supplies and cleaning products, to, on or condition from the Project and/or Premises except in strict compliance with Environmental Law and shall promptly report to Landlord any spill or other discharge of any Hazardous Substance caused by Tenant, its employees or invitees which may endanger, disturb occurs (i) on the Premises or otherwise interfere with any other Building occupant’s normal operations or with (ii) in the management of the BuildingProject. Tenant may use shall, promptly, following the occurrence of any such spill or discharge caused by Tenant, its employees or invitees, commence all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas such containment 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 remediation activities as Exhibit “B” as they may be amended from time necessary to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall controlcomply with Environmental Law. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by continue such remediation activities until the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant Premises have been restored to the Premises for condition in which they existed on the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyCommencement Date.
Appears in 2 contracts
Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
Use. (a) Tenant shall occupy and use the Premises only Tenant, for the Use specified in Section l aboveuse and benefit of Tenant, its agents, employees, customers and pursuant licensees, shall, subject to the Building Rules (as defined hereunder). Without limited rights of tenants in the generality of Property having the foregoing, Tenant shall not exclusive right to use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use certain portions of the Common Areas and automobile parking areas, have the terms non-exclusive right in common with Landlord, and other present and future owners, tenants and their agents, employees, customers and licensees, to use said Common Areas and parking areas during the entire Term, or any extension thereof, for ingress and egress, and automobile parking. The Tenant, in the use of this Leasesaid common and parking areas, agrees to comply with such reasonable rules, regulations and charges for parking as the Landlord may adopt from time to time for the orderly and proper operation of said Common Areas and parking areas. Such rules may include but shall not be limited to the following: (i) the restricting of employee parking to a limited, designated area or areas, and (ii) the regulation of the removal, storage and disposal of Tenant's refuse and other rubbish at the sole cost and expense of Tenant. Landlord shall have exclusive control the right, without notice to or consent of all Tenant, to alter the Common Areas at all times. “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended and/or automobile parking areas from time to time, to change the size, location, elevation and nature of all or any portion of the Property, including the Common Areas, and the stores in the Property; and to remove, repair, alter, improve or rebuild all or any part of the Property, including the Common Areas. In Without limiting the event foregoing, Landlord expressly reserves the right to modify, from time to time, the Property’s traffic flow pattern, layout of parking spaces and the entrances-exits to adjoining public streets or walkways, to utilize portions of the Common Areas for entertainment and displays, and to do such other acts in and to the Common Areas, as in its judgment may be desirable. Landlord shall have the right to close any Common Areas or other facilities, or temporarily to ▇▇▇▇▇ the operations of such facilities, all without being deemed an eviction of Tenant or a default by Landlord hereunder. Landlord shall have the right, at any time, to change the location, shape, height, size, nature and configuration of stores, buildings, drive aisles, parking, and entrances, to locate and construct thereon kiosks, additional buildings and improvements of any conflict between type, to make alterations or additions and to build additional stories on the Building Rules Shopping Center and this Leasethe Premises. Any site plan, drawing or similar exhibit relating to the Property, the Shopping Center and/or the Premises contained in this Lease shall control. Tenant shall be responsibleare diagrammatic and approximate and is not, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understandsbe deemed to be, agrees and acknowledges that neither Landlord nor its Agents have made any a representation or warranty that Tenant’s intended Use is permitted under of any the City location or existence of Phoenix zoning ordinance applicable to any Common Areas or any existing or future tenant, occupant, or owner of the Shopping Center or the Property.
Appears in 2 contracts
Sources: Retail Lease Agreement, Retail Lease Agreement
Use. (a1) Tenant During the Term of this Lease the Leased Premises shall occupy and use the Premises only not be used for any purpose other than as an aircraft hangar for the Use specified in Section l abovestorage, repair and pursuant to operation of airplanes, without the Building Rules (as defined hereunder). Without limited the generality express consent of the foregoing, Landlord given in writing. The Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose construct a new hangar or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with building on the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject Leased Premises except in accordance to Tenant’s use of the Common Areas and the terms of this Lease.
(2) The Tenant shall not do or permit to be done at the Leased Premises anything which may:
(a) contravene any Airport use, standards, or tenant policy as established by the 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 ;
(b) cause damage to the event Leased Premises;
(c) cause injury or annoyance to occupants of neighbouring premises;
(d) make void or voidable any insurance upon the Leased Premises;
(e) constitute a breach of any conflict by-law, status, order or regulation of any municipal, provincial or other competent authority relating to the Tillsonburg Airport, the Leased Premises including any septic bed or other property, equipment or appurtenances; and,
(f) create an environmental hazard. The Tenant shall not store, allowed to be stored or do anything that creates hazardous waste or toxic material as defined by the Environmental Protection Act or any related or successor legislation. If an order is made by any level of government, including all agencies, crown corporations, municipal bodies, or a court is made as a result of the Tenant’s, or its servants, directors, employees, invitees, customers or agents, actions or inaction under this Article or Article 7(2)(e) above or as a result of the septic bed system used by the Tenant then the Tenant shall satisfy the terms of such order including, but not limited to, paying all costs of the work required and shall indemnify and save the Landlord harmless from any costs, including legal costs, if the Landlord suffers any damages or pays any costs associated with such order.
(3) The Tenant shall:
(a) not interfere in the use of the Airport or any other use of the Property. The Tenant acknowledges that there are other uses of the Property and it shall not interfere in any other use of the Property. The Tenant further acknowledges that there are other Tenants and users of the Airport and it shall not unreasonably interfere in the use or operation of the Airport in any manner nor shall it do, or allow to be done by any of its invitees, customers, employees or agents, anything that would cause or constitute a nuisance, safety violation or hazard to any other Tenant or any user of the Airport who are acting reasonably;
(b) comply with all federal and provincial transportation guidelines, regulations, rules, by-laws, statutes, directives and any other such matter that governs the flight, use or operation of aircraft;
(c) not block or obstruct the taxiways or runway and permit the ingress and egress to adjacent hangars, aprons and parking areas;
(d) not conduct any major repairs to any motor vehicle of any kind other than an aircraft or any vehicle or machinery ancillary to or connected with aircraft;
(e) not perform aircraft repair or maintenance outside of the Leased Premises;
(f) not start any aircraft in the Hangar;
(g) not store any items on the Leased Premises, surrounding Property or in the Hangar other than aircraft and related aircraft items except as specifically permitted in this agreement;
(h) not store any flammable products inside the Hangar or on the Leased Premises with the exception of fuel or necessary aircraft related products;
(i) notify the Landlord of any public activities and/or events no less than thirty (30) days before such activity and/or event with approval by the Landlord, in its sole and absolute discretion and such approval not to be unreasonably withheld;
(j) comply with all rules and regulations of the Airport and ensure the compliance of all the Tenant’s contractors, employees, agents, customers and invitees;
(k) comply with the Town of Tillsonburg’s relevant policies and codes of conduct such as but not limited to the RZone (Respect) Policy which requires persons using a Town facility to respect others and take responsibility in maintaining a safe and comfortable environment for all participants, spectators, volunteers and staff. The Rzone policy enforces zero tolerance of inappropriate behavior, threats, violence and vandalism at all Town facilities, properties, Town sponsored events, programs, in written or verbal communications (including email or phone); and,
(l) provide proof of documentation showing current and proper insurance coverage of any aircraft stored inside the Hangar.
(4) The Tenant covenants and agrees that the Landlord may require the adjustment in the Airport leases and as such may demand the Tenant move the Hangar and the location of the Leased Premises. The Landlord shall compensate the Tenant for any expenses in moving the Hangar as agreed between the Building Rules and this Lease, this Lease shall control. Parties.
(5) The Tenant shall be responsiblepermitted to construct and maintain one (1) aircraft hangar (the “Works”) on the Leased Premises as follows:
(a) the dimensions of the Hangar are proposed to measure 60 feet by 60 feet for a total floor area of 4,356 square feet including the one (1) metre (3 foot) perimeter around the hangar;
(b) the style of the Hangar shall be either a pole barn style building or a metal frame building;
(c) the siding, siding colour, roof colour, hanger number, and height of the building will be maintained in accordance with current Airport standards as approved by the Landlord;
(d) the hangar apron shall be constructed of a hard surface (i.e. asphalt or concrete) with a minimum 300mm (12”) structural sub-base to the satisfaction of the Landlord;
(e) construction, renovation and maintenance shall comply with the construction and maintenance requirements of the Landlord in its sole and absolute discretion including the construction requirements detailed in Schedule “B” to this Lease and all applicable Ontario Building Code standards and by-laws of the municipality in which the Leased Premises are located and any federal or provincial statutes, rules or regulations; including specifically the Fire Protection and Prevention Act 1997, S.O. 1997, c.4, and Ontario Regulation 213/07 the Ontario Fire Code and any amendment thereto.
(f) prior to the commencement of construction, the Tenant shall submit, at its sole cost, a site plan and drainage/grading plan which shall include, but not limited to, the information required in this Article 7(5) of this Lease and the proposed floor elevation, which all shall be subject to the approval of the Landlord;
(g) the Tenant agrees to maintain the lot grading during and after construction and erection of the Hangar and shall comply with the lot grading and drainage requirements of the Landlord at the sole cost and expense, to of the Tenant;
(h) obtain all required necessary permits, approvalsas applicable, zoning change at the expense of the Tenant; and,
(i) the Tenant shall be responsible for and pay the cost of all repair, renovation, and maintenance and nothing in this Lease shall render the Landlord responsible for any such costs.
(6) The Landlord acknowledges that it has granted access to the Tenant for the Tenant to maneuver its aircraft from the Hangar to the adjacent taxiway and runway of the Airport. Further, the Landlord hereby grants to the Tenant, its successors and assigns, free and uninterrupted access in, over, upon, across or variance through the Hangar apron area, defined as approximately 13 metres wide and approximately 14 metres from the front of the Hangar to the adjacent taxiway. The Landlord grants to the Tenant the right to enter upon the Hangar apron area at all times and to pass and re-pass thereon as may be required by the City Tenant, and its licensees, successors, assigns, servants, agents, employees and contractors including all necessary vehicles, equipment and machinery, from time to time, for the purposes of Phoenix for Tenant’s Use includinginstalling, maintaining, replacing, and reconstructing a suitable surface treatment to the Hangar apron as approved by the Landlord in its sole and absolute discretion. Any cost of installing, removing, maintaining, replacing and/or reconstructing the Hangar apron shall be at the sole expense of the Tenant without limitation, contribution of the operation Landlord. The Tenant covenants that it shall not conduct such work to the Hangar apron without first obtaining the consent of its business the Landlord and such consent shall not be unreasonably withheld. The Tenant hereby releases the completion Landlord from any and every claim which may or might arise out of Tenant’s Improvements (as defined below) and the proper exercise by the Tenant of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyrights granted herein.
Appears in 2 contracts
Sources: Hangar Lease, Hangar Lease
Use. (a) Tenant The Leased Premises shall occupy be used for the uses set forth on Page One of this Lease and for no other purposes whatsoever. Lessee shall not do or permit to be done in or about the Leased Premises, anything which is prohibited by law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted or which will in any way obstruct or interfere with the rights of other tenants in the Building, lessee will not allow any signs, cards or placards to be posted, or placed within the Leased Premises such that they are visible outside of the Leased Premises except as specifically provided for in this Lease. In addition to the Leased Premises, Lessor also grants to Lessee foe non-exclusive right to use the Premises only parking lot and other common areas of the Property for the Use specified in Section l above, and pursuant purposes related to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 Leased Premises. The Building shall have exclusive control of all Common Areas be accessible to Lessee at all times. “Building Rules” means times during the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity Term of this Lease. Tenant understandsL▇▇▇▇▇ agrees to furnish Lessee, while occupying the Leased Premises, water at those points of supply provided for general use of tenants; heated and refrigerated air conditioning in season at such times as Lessor normally furnishes these services to all tenants of the Building, and at such temperatures and in such amounts as are in accordance with any applicable statutes, rules or regulations, and as are considered by Lessor to be standard. Such services at other times, and on Saturdays, Sundays and holidays, are to be optional on the part of Lessor (Lessor hereby reserving the right to charge Lessee for any such optional service requested by Lessee on such basis as Lessor, in its sole discretion, determines). L▇▇▇▇▇ also agrees to furnish Lessee janitorial service Monday through Friday for all common areas and acknowledges that neither Landlord nor its Agents have made for the Leased Premises and passenger elevator(s) for ingress and egress to the floor on which the lease premises are located, provided however, if more than one elevator services the Building, Lessor may reasonably limit the number of elevators to be in operation on Saturdays, Sundays and holidays. The failure, to any representation extent and for any cause, to furnish services shall not render Lessor liable in any respect for damages to any person, property or warranty that Tenant’s intended Use business, shall not be construed as an eviction of Lessee or work an abatement of Monthly Rent, and shall not relieve Lessee from fulfillment of any covenant or agreement hereof. Lessor shall use all reasonable diligence to restore such services as quickly as is permitted possible under the City of Phoenix zoning ordinance applicable to the Propertycircumstances.
Appears in 2 contracts
Sources: Lease Agreement (CardieX LTD), Lease Agreement (CardieX LTD)
Use. (a) Tenant The Premises shall occupy be used for office purposes, which includes, but is not limited to, conference and use the Premises only for the Use specified in Section l abovecomputer facilities, a non-commercial employee kitchen and related facilities, and pursuant other legally permitted business office uses consistent with the characteristics of a first-class office building in Dallas, Texas, (the "PERMITTED USE") and for no other purpose. Tenant agrees not to use or permit the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail salespurpose which is illegal, dangerous to life, limb or property or which, in Landlord's opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In the event there shall be any increase in the cost of insurance coverage with respect to the Building which results from Tenant's acts or conduct of business, then Tenant hereby agrees to pay the amount of such increase on demand. Tenant waives any implied warranty of will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with in the management of the Building. Tenant may use will maintain the Premises in a clean and healthful condition, and comply with all Common Areas only for their intended purposes. Subject laws, ordinances, orders, rules and regulations of any governmental entity with reference to Tenant’s use the use, condition or occupancy of the Common Areas and the terms of this Lease, Landlord shall have exclusive control of all Common Areas at all timesPremises. “Building Rules” means Tenant will comply with the rules and regulations attached to this Lease as Exhibit “B” as they may be amended of the Building adopted and altered by Landlord from time to timetime and will cause all of its agents, employees, invitees and visitors to do so. In All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the event existing rules and regulations is attached hereto as Exhibit "H" and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of any conflict between the Building Rules Premises, and at the termination of this LeaseLease to deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. The terms of this Lease shall controlcontrol over any conflict with rules and regulations. Rules and regulations cannot impose additional economic obligations on Tenant and shall be responsible, at its sole cost fairly applied and expense, to obtain all required permits, approvals, zoning change or variance required enforced by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyLandlord.
Appears in 2 contracts
Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules permitted use (as defined hereunderin Paragraph 1(h) hereof). Without limited Tenant will not occupy or use the generality Premises, or permit any portion of the foregoing, Tenant shall not use the Premises to be occupied or used for any on-site retail sales. Tenant waives any implied warranty of Landlord that business or purpose other than the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use use or for any other use or purpose under 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 in any way increase the rate of fire insurance on the Building or contents; and all applicable zoning ordinances in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or regulationscontents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the amount of such increase promptly. Tenant shall will conduct its business and control its agents, employees and invitees in such a manner as not permit to create any conduct nuisance, nor interfere with, annoy or condition which may endanger, disturb other tenants or otherwise interfere with any other Building occupant’s normal operations or with the Landlord in management of the Building. Tenant may use will maintain the Premises in a clean, healthful and safe condition and will comply with all Common Areas only for their intended purposeslaws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Subject Tenant's obligation to Tenant’s use comply with all laws specifically includes any and all laws applicable to Tenant and relating to environmental hazards and to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. Should Landlord agree in writing to any of the Common Areas foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and the terms of this Lease, Landlord shall have exclusive control of all Common Areas repair 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. (a) Tenant Subtenant shall use and occupy and use the Sublease Premises only for the Use specified in Section l abovepurposes permitted under, and pursuant to in a manner consistent with, the Building Rules (as defined hereunder). Without limited the generality provisions of the foregoing, Tenant shall not use the Premises Master Lease. Subtenant will pay for any on-site retail salesdamage to any part of the Sublease Premises, Building or Center, subject to any applicable waiver of subrogation provision, if (i) caused by any act or omission by Subtenant or Subtenant’s employees, agents, licensees, contractors or invitees and (ii) Sublandlord would be required to pay for such damage under the Master Lease. Tenant waives Subtenant will comply with applicable provisions of the Master Lease and the Center’s Rules and Regulations and will not cause anywhere in the Center, Building or permit in the Sublease Premises, (i) any implied warranty activity or thing contrary to applicable law, ordinance, regulation, restrictive covenant, or insurance regulation; or which is in any way immoral or extra hazardous or could jeopardize the coverage of Landlord that normal insurance policies or increase their cost; (ii) waste or nuisance, or any activity causing odors perceptible outside the Premises is suitable for Tenant’s intended commercial purpose Sublease Premises; or Tenant’s permitted Use (iii) overloading the floors or for any other purpose under any and all applicable zoning ordinances the structural or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management mechanical systems of the Building. Tenant may use all Common Areas only for their intended purposesSubtenant shall not erect or place any item in or upon the areas outside the Sublease Premises, except as expressly provided in this Sublease. Subject to Tenant’s use of the Common Areas and the terms of this Lease, Landlord Subtenant 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 the event of not erect or place any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use item (including, without limitation, signs) in, upon or visible from the operation exterior of its the Building without the consent of Master Landlord and Sublandlord, except as expressly provided in this Sublease. Subtenant shall at Subtenant’s sole cost and expense faithfully observe and promptly comply with all local, state and federal laws, statutes, ordinances and governmental resolutions, orders, rules, regulations and requirements now in force or which may hereafter be in force with respect to Subtenant’s use, occupancy or possession of the Sublease Premises and Subtenant’s business conducted in the Sublease Premises and with the completion of Tenant’s Improvements (as defined below) and requirements of any Alterations (as defined below) installed by board of fire underwriters or on behalf other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of Tenant to the Premises for Sublease Premises. Subtenant shall also comply with any covenant, condition or restriction affecting the conduct of its business, but Building. Subtenant’s obligations under this Paragraph 8 will survive the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity termination of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertySublease.
Appears in 2 contracts
Sources: Sublease Agreement (Avanir Pharmaceuticals), Sublease Agreement (Tenby Pharma Inc)
Use. (a) Tenant shall will occupy and use the Premises only for the Permitted Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality will not use or permit any portion of the foregoing, Premises to be used for any purpose other than for general office space and related administrative activities consistent with the Permitted Use. Tenant shall agrees not to use the Premises for any on-site retail salespurpose which is unlawful, disreputable, dangerous to life, limb or property, or which creates a nuisance or increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant materially results in any increase in the cost of insurance covering the Building or its contents, Tenant agrees to pay to Landlord the amount of such increased cost as Additional Rent. Tenant waives will conduct Tenant’s business and will control Tenant’s employees and use reasonable efforts to control Tenant’s agents, licensees, and invitees in such a manner as not to create any implied warranty nuisance or unreasonably interfere with, or disturb the Landlord or other tenants in the management and operation of Landlord that the Building and the Property. Tenant will maintain the Premises is suitable for in a clean condition, and will not cause or permit objectionable odors of an unusual or objectionable nature, to emanate from the Premises at any time. Tenant, at Tenant’s intended commercial purpose or expense, shall comply with, cause Tenant’s permitted Use or for any other purpose under any employees to comply with, and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject reasonable efforts to cause Tenant’s use of agents, licensees and invitees to fully comply with: (i) 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 Regulations which are attached to this Lease as Exhibit “BD” as they may be amended from time hereto; (ii) all laws pertaining to time. In Tenant’s use of the event Premises; (iii) all other legal requirements, including all applicable laws pertaining to air and water quality, hazardous materials, waste and disposal, all emissions, and other environmental matters; and (iv) all zoning and land use matters and any directive of any conflict between governmental authority, pursuant to law, which shall impose any duty upon Landlord or Tenant with respect to the Building Rules and this Leaseparticular use or occupancy of the Premises by Tenant to include, this Lease shall control. without limitation, the obligation of Tenant shall be responsibleto obtain, at its sole cost and expense, all permits or other government consents from any county, state or federal agency which are required in order for it to obtain perform the Permitted Use on the Premises, and to otherwise comply with such other rules and regulations adopted and altered by Landlord from time-to-time. All such changes to the Building’s Regulations, i.e., Exhibit “D” hereto, will be reasonable, apply equally to all required permitstenants in the Building and shall be sent by Landlord to Tenant in writing. Nothing contained in this Lease will be deemed or construed in any manner as creating a partnership or joint venture between Landlord and Tenant with regard to conducting the Permitted Use on the Premises or between Landlord and any other party with regard thereto, approvalsor cause the Landlord to be liable or responsible in any way for the actions, zoning inactions, liabilities, debts or obligations of Tenant or Tenant’s agents, employees, invitees, permitted subtenants, licensees, or concessionaires. Landlord agrees to generally apply and enforce the Building Regulations and any such other rules and regulations in a uniform manner against all tenants. Notwithstanding anything herein or in the Building Regulations or any other rules and regulations to the contrary, no additional rules or regulations or any amendment, change or variance required by revision to the City of Phoenix for Building Regulations may be made that (i) diminish Tenant’s Use rights and privileges hereunder (including, without limitation, access to or use of the operation Premises) or (ii) increase Tenant’s obligations hereunder. In the event of its business any conflict or inconsistency between the terms and provisions of this Lease (other than the Building Regulations) and the completion Building Regulations or any amendments or modifications thereto, the terms and provisions of Tenant’s Improvements this Lease (as defined belowother than the Building Regulations or such amendments or modifications) and of any Alterations (as defined below) installed by or on behalf of Tenant shall control. In addition to the foregoing, Tenant specifically covenants and agrees that its use of the Premises for and Common Areas shall be subject to and in full compliance with the conduct Declaration of its businessProtective Covenants of Quail Springs Office Park, but and any current amendments thereto, including the failure Declaration of Tenant Protective Covenants dated as of July 27, 1983, and recorded in Book 4997 at Page 999, in the Office of the County Clerk of Oklahoma County, State of Oklahoma (“Oklahoma County Clerk”), as amended by that certain Amendment to obtain any or Declaration of Protective Covenants dated as of September 20, 1984, and recorded with the Oklahoma County Clerk in Book 5230 at page 44, as further amended by that certain Second Amendment to Declaration of Protective Covenants dated as of March 17, 1998, and recorded with the Oklahoma County Clerk in Book 7269 at Page 735, as further amended by that certain Third Amendment to Declaration of Protective Covenants dated as of September 30, 2005, and recorded with the Oklahoma County Clerk in Book 9875 at Page 560 (collectively, the “Declaration”), all such permits of which subject the Building and approvals shall not affect the validity Property to the terms, conditions, restrictions, and provisions therein contained, and as said Declaration is amended from time-to-time. It is expressly understood and agreed that the terms of the Declaration may vary from the terms of this Lease. Landlord represents and warrants that the Declaration does not prohibit or limit use of the Premises by Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under for the City of Phoenix zoning ordinance applicable to the PropertyPermitted Use.
Appears in 1 contract
Use. (a) Tenant shall occupy The non-exclusive use of the Designated Areas and use the Premises Staging Area is to be used by Permittee only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder)transfer of Permittee’s customers who have made such arrangements. Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s The use of the Common Designated Areas and Staging Area is granted only so long as Permittee strictly complies with the terms Provisions 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use Permit including, without limitation, the operation following conditions:
A. Permittee will not solicit, in any manner, from the Designated Areas, Staging Area, or anywhere on the Airport, except through authorized advertising arranged through the Airport’s agent. Permittee will not hire or contract with others to solicit for Permittee at the Airport. For the purpose of this section, solicitation does not include electronic communications.
B. Drivers will not pick up or drop off passengers outside the appropriate Designated Areas. The Designated Areas are to be used only for pick up and drop off of passengers, as the authorized use may be. Each Driver shall limit such driver’s curbside time to the time required for the prompt loading and unloading of passengers, and after loading or unloading its business passengers, such Driver shall either be promptly engaged with another Airport Pick Up Trip through the App or thereafter promptly depart from the Geo-Fence Area and the completion Airport’s premises. Unless otherwise specified by the Director in writing, at no time shall Driver dwell with his/her Vehicle within the Designated Area for the purpose of Tenantwaiting for a passenger to arrive for any period beyond the Rematch Eligibility Window. Vehicles violating this subsection may be ticketed.
C. Drivers will remain at all times in Vehicle except to assist customers at the vehicle. Vehicles without drivers will be ticketed and may be towed at Permittee’s Improvements expense.
D. Permittee will share the Designated Area and Staging Area with other users as approved by the City.
E. After completing an Airport Drop Off Trip, Driver may not engage in any other business at the Airport (i.e., picking up a new passenger) until Driver has exited the Geo-Fence Area, unless engaged through the App within the Rematch Eligibility Window.
F. Permittee will maintain its Geo-Fence at all times in proper operating condition, require Drivers to properly use Permittee’s Online-Enabled Platform, Mobile Device, Application or App while on Airport property. Permittee shall inform its Drivers of the Provisions of this Permit prior to Drivers conducting any business at the Airport.
G. The Airport Director, in his/her sole discretion may upon giving notice to Permittee, limit the number of Drivers and their Vehicles within the Geo-Fence Area and Staging Area for the purpose of picking-up passengers should operational, safety, or security considerations warrant.
▇. The Airport Director, in his/her sole discretion may upon giving written notice to Permittee, eliminate the Rematch Eligibility Window and require that each Driver completing an Airport Drop Off Trip exit the Geo-Fence Area prior to being re engaged for an Airport Pick Up Trip.
I. Permittee will fully comply with all applicable Federal Aviation Administration (FAA) regulations including security requirements, Airport Rules and Regulations, and the Airport’s security plan in regard to its use of Airport facilities under this Permit.
J. Each Driver shall possess the following information while in the Designated Areas and Staging Area and shall make the information available to Airport personnel upon request:
(1) Valid state issued Driver's License;
(2) Proof of Vehicle registration; and
(3) Proof of automobile insurance for Driver's Vehicle.
K. Permittee will provide the City with name, address, telephone, and email address for at least one qualified representative authorized to represent and act for Permittee in matters pertaining to its operation, and will keep City informed, in writing, of the identity of each such person.
L. Permittee acknowledges and agrees that any failure to comply with any Provision of this Permit will be a material breach and may result in suspension, revocation, or termination of this Permit by City (see Section 13 entitled “Rights Cumulative” and Section 15 entitled “Conditions of Default”).
N. Drivers shall only use the Designated Areas for active loading and unloading of passengers, or awaiting a rematched Airport Trip during the Rematch Eligibility Window.
O. Permittee is hereby granted the non-exclusive use of the TNC Staging Area depicted in the attached Exhibit “C” for use as defined below) a Vehicle parking area. Vehicles may only be parked in the “TNC Staging Area” when Drivers have the TNC App enabled and of are available for an Airport TNC Pick Up Trip. No unattended Vehicles are allowed in the TNC Staging Area, and Drivers are prohibited from using any Alterations (as defined below) installed by airport facility nearby or adjacent to the TNC Staging Area. The Director, on behalf of Tenant to the Premises for City, may relocate, add, substitute, or delete all or portions of the conduct Staging Area at his/her sole option as may be required in the opinion of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyDirector.
Appears in 1 contract
Sources: Ground Transportation Use Agreement
Use. (a) Tenant shall occupy and use agrees that the Premises shall be used and occupied by Tenant only for the Use specified in Section l aboveSubparagraph l(r) for general business office uses and for no other purposes, and pursuant Tenant agrees to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use and maintain the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any in a clean, careful, safe and proper manner and to comply with all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endangerlaws, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms of this Leaseordinances, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the orders, rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to timeof all governmental bodies (state, federal and municipal) affecting the premises. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at At its sole cost and expense, Tenant shall promptly comply with all such governmental measures and also with the requirements of any board of fire underwriters or other similar body now or hereafter constituted to obtain all required permitsdeal with the condition, approvalsuse or occupancy of the Premises, zoning change excluding structural changes not related to or variance required affected by Tenant's alterations, additions or improvements. Tenant shall not, in any manner, deface or injure the City Building or the Land or any part thereof, nor permit in the Premises any auction sale, nor use or devote the Premises or any part thereof for any purpose other than the permitted Use and general office use, which general office use shall specifically not include medical offices, nor shall Tenant use the Premises in any way which is inconsistent with the maintenance of Phoenix for Tenant’s Use including, without limitation, the operation Building as a first-class mixed retail and office building in the quality of its business upkeep, use and the completion of Tenant’s Improvements (as defined below) and of occupancy. Tenant agrees to pay/ on demand, for any Alterations (as defined below) installed by or on behalf of Tenant damage to the Premises or to any other part of the Building or the Land caused by any negligence or willful act or any misuse or abuse (whether or not any such misuse or abuse results from negligence of willful act) by Tenant or any of its agents, employees, licensees, or invitees or any other person not prohibited, expressly or impliedly, by Tenant from entering upon the Premises. Tenant agrees not to use or allow or permit the Premises to be used for any purpose prohibited by any law, statute, regulation or ordinance of the United States, the State, the County or the City, and Tenant agrees not to commit waste or suffer or permit waste to be committed or to allow or permit any nuisance on or in the Premises. Tenant agrees (a) not to obstruct, in any manner, any portion of the Building not hereby leased or any portion thereof or of the Land used by Tenant in common with others and (b) to comply with all reasonable "Rules and Regulations" now or hereafter made by Landlord, of which Tenant has been given notice, for the conduct care and use of its businessthe Building and the Land and their facilities and approaches, but Landlord shall not be liable to Tenant for the failure of Tenant other occupants of the Building to obtain any or all conform to such permits "Rules and approvals shall not affect Regulations. A copy of the validity of initial "Rules and Regulations" for the Building is attached hereto as Exhibit "E" and incorporated herein by this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyreference.
Appears in 1 contract
Use. (a) Tenant The demised premises shall occupy and use the Premises be used only for the Use specified in Section l abovepurpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto, and pursuant subject to the Building Rules (as defined hereunder)any building or building complex rules and regulations. Without limited the generality of the foregoingOutside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under 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, ordianances and regulations applicable zoning ordinances to the use of the premises, and shall promptly comply with all government orders and directives for the correction, prevention and abatement of nuisances in or regulationsupon, or connected with, the premises, all at Tenant's sole expense. Tenant shall not permit any conduct objectionable or condition unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which may endanger, would constitute a nuisance or would disturb or otherwise 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 Building occupant’s normal operations insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord or with other Tenants for the management building in which Tenant occupies space is caused by Tenant's use and occupancy of the Buildingpremises, 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 may use all Common Areas only for their intended purposes. Subject agrees that the point pressure resulting from Tenant's racking system, inventory, forklift and equipment pertaining to Tenant’s 's use of the Common Areas and the terms of this Lease, Landlord premises 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 the event of any conflict between the Building Rules and this Lease, this Lease shall controlnot exceed allowable design floor loading for floor slabs on grade. Tenant shall be responsiblehold harmless Landlord from any loss, at its sole cost liability, and expenseexpenses, both real and alleged, arising out of such damage or repair caused by Tenant's negligence or failure to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of comply with this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyparagraph.
Appears in 1 contract
Use. (a) Tenant shall Lessee may only use and occupy and use the Premises only Properties solely for the Use specified in Section l abovepurpose of operating the assisted living facilities currently located at the Properties, and pursuant any other use shall require Lessor’s prior written consent. Lessee covenants that it will obtain and maintain all approvals, licenses and permits needed to use and operate the Building Rules Properties for their current use under Applicable Laws. Lessee covenants and agrees that it will operate the Property in accordance with and in a manner consistent with prudent operating practices for similar facilities, with a standard and level of care no less than the standard prevailing as a whole at the Properties on the Effective Date, and that Lessee will maintain its certifications for reimbursement, if any, and licensure and its accreditation, if compliance with accreditation standards is required to maintain the operations of the Properties. Lessee acknowledges that Lessor will have no, and has never had any, involvement in operations or control of the Properties or care of the residents. Lessee shall furnish, within the time period required by each applicable agency after the conclusion of any permitted appeals by Lessee, a plan of correction for any deficiency cited by any regulatory or licensing agency or generated from any survey or report for any Property, and Lessee shall also simultaneously furnish or cause to be furnished to Lessor a copy of such plan of correction, and shall correct or cause to be corrected any deficiency, the curing of which is a condition of continued licensure or for full participation in any program for their existing residents or for new residents to be admitted, by the date required for cure by such agency (as defined hereunderplus extensions granted by such agency, and after the conclusion of any permissible appeals by Lessee). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord Lessee further covenants and agrees that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to TenantLessee’s use of the Common Areas Properties and maintenance, alteration, and operation of the same, and all parts thereof, shall at all times conform to all Applicable Laws.
(b) Unless otherwise agreed to in writing by Lessor (i) Lessee shall cause the Properties to be managed and operated at all times by Lessee or an Affiliate of Lessee (although Lessee shall remain liable for its obligations under this Lease notwithstanding any management by an Affiliate of Lessee, and Lessee shall inform Lessor in writing prior to delegating any management duties to any Affiliate), (ii) except with respect to an Affiliate of Lessee, Lessee shall not enter into any agreement (oral or written) with respect to such management and leasing activities unless the terms thereof and the terms proposed manager or leasing agent have been approved in writing by Lessor, (iii) all such management or leasing agreements must be in writing, and (iv) all management or leasing agreements (including but not limited to any such agreements with an Affiliate of Lessee) must contain provisions to the effect that (A) the obligation of Lessee to pay management fees is expressly subordinate to its obligation to pay the Rent, and (B) the manager shall not have the right to collect any management fees during the continuance of an Event of Default. For the purposes of this Lease, Landlord an “Affiliate” of a person or entity shall have exclusive mean any other person or entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or under common control of all Common Areas at all timeswith, the subject person or entity. The term “Building Rulescontrol” (including the terms “controlling,” “controlled by,” and “under common control with”) means the rules and regulations attached possession, directly or indirectly, of the power to this Lease direct or cause the direction of the management or the policies of a person or entity, whether through the ownership of at least 51% of the voting securities or other ownership interest, by contract or otherwise.
(c) Lessee shall neither suffer nor permit the Properties or any portion thereof, to be used in such a manner as Exhibit “B” to impair Lessor’s (or Lessee’s, as they the case may be amended from time be) title thereto or to time. In any portion thereof, or may reasonably make possible a claim or claims of adverse usage or adverse possession by the event public, as such, or of implied dedication of any conflict between Property or any portion thereof. Lessee shall not knowingly use or occupy or permit any of the Building Rules and Properties to be used or occupied, nor knowingly do or permit anything to be done in or on any of the Properties, in a manner which would (i) make void or voidable or cause any insurer to cancel any insurance required by this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant make it impossible to obtain any such insurance at commercially reasonable rates, (ii) without Lessor’s consent, make void or all such permits and approvals shall not affect the validity of this Lease. Tenant understandsvoidable, agrees and acknowledges that neither Landlord nor its Agents have made cancel or cause to be canceled or release any representation material warranty, guaranty or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable indemnity running to the Propertybenefit of the Properties or the Lessor, (iii) cause structural injury to any of the Improvements, or (iv) constitute a public or private nuisance or waste.
Appears in 1 contract
Sources: Master Lease Agreement (NorthStar Healthcare Investors, Inc.)
Use. (a) Tenant shall will occupy the Leased Premises continuously and in entirety and will not use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality or permit any portion of the foregoing, Leased Premises to be used for any purpose other than for general office space and related administrative activities. Tenant shall may not use the Leased Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises purpose which is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endangerunlawful, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management disreputable, adversely affects Landlord's leasing of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use Building or increases the risk of casualty or the Common Areas and rate of fire or casualty insurance covering 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 timeor its contents. In the event that any act of Tenant results in any increase in the cost of insurance covering the Building or its contents, Tenant agrees to pay to Landlord the amount of such increased cost as Additional Rent. Tenant will conduct Tenant's business and will control Tenant's agents, employees, licensees and invitees in such a manner as not to create any nuisance, or interfere with, annoy or disturb other tenants or Landlord. Tenant will maintain the Leased Premises in a clean and healthful condition. Tenant, at Tenant's expense, shall comply and shall cause Tenant's agents, employees, licensees and invitees to comply fully with: (a) the Building Regulations; (b) all Laws pertaining to Tenant's use of the Leased Premises; (c) all other Legal Requirements, including all applicable Laws pertaining to air and water quality, hazardous materials, waste disposal, all emissions and other environmental matters; and (d) all zoning and other land use matters and with any directive of any conflict between Governmental Authority, pursuant to Law, which shall impose any duty upon Landlord or Tenant with respect to the use or occupancy of the Leased Premises. Tenant will not erect or install any sign or other type of display whatsoever, either upon the exterior of the Building Rules or on the Land, upon or in any window of the Building, or any Common Area, without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole discretion. Any signs or other type of display which Tenant installs without Landlord's prior written consent may be removed by Landlord and this LeaseTenant shall reimburse Landlord for such cost promptly upon receipt of an invoice from Landlord. 90 Americans With Disabilities Act Requirements. Landlord is responsible for and will maintain the Common Areas of the Building in substantial compliance with the public accommodations provisions of Title III of the Americans With Disabilities Act of 1990, this Lease as amended (the "ADA"), and Landlord shall controlbear the cost of any improvements, repairs, renovations or modifications to the Common Areas that may from time to time be required to bring the Building into compliance or maintain the Building's compliance with Title III of the ADA. Tenant shall be responsibleindemnify and hold Landlord harmless from and against any losses, at its sole cost costs, damages or claims of whatever nature, arising out of or in connection with the compliance requirements set forth in the ADA, as amended, relating to the use and expenseoccupancy of the Leased Premises and/or alteration and/or renovation of the Leasehold Improvements, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitationbut not limited to, any changes necessitated because of the operation of its business and the completion specific needs of Tenant’s Improvements ('s employees. 100 Landlord's Services and Other Obligations. Landlord and Tenant hereby agree as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.follows: -----------------------------------------
Appears in 1 contract
Sources: Office Lease (Catalog Com Inc)
Use. 5.1 Lessee (aand its permitted assignees and subtenants) Tenant shall occupy and use the Premises only for general office and administrative, not in violation of the Use specified in Section l aboveprotective or restrictive covenants hereinafter referred to, and pursuant for no other purpose without the prior written consent of Lessor which consent shall not be unreasonably withheld, delayed or conditioned. Lessee shall operate its business in the Premises during the entire Lease Term and in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not knowingly permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which unreasonably annoys or disturbs any persons occupying adjacent premises either within or without the Building.
5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building Rules structure or to any space to such a degree as to be unreasonably objectionable to Lessor or to any tenant, occupant, or other person in the Building. Neither Lessee nor any of Lessee's employees, agents or invitees shall place or maintain within the Premises any stoves, ovens or space heaters, except that Lessee may maintain one (1) microwave oven within the Premises so long as defined hereunder)such microwave oven uses standard 110V electrical service. Without limited the generality of the foregoing, Tenant Lessee shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose make or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct smoke or condition which may endanger, disturb odor that is objectionable to the public or otherwise interfere with any to other Building occupant’s normal operations or with the management occupants of the Building. Tenant may use all Common Areas only for their intended purposes. Subject , to Tenant’s use emanate from the Premises, and shall not create, permit, or maintain a nuisance thereon, and shall not do any act tending to injure the reputation of the Common Areas Building.
5.3 Lessee shall cause all loading and unloading of any goods or materials delivered to or sent from the terms Premises to be done only in the loading dock area of the Premises or, if no loading dock area is located at the Premises, then at the loading dock area of the Building or such other dock area as Lessor may reasonably designate. Under no circumstances shall Lessee allow any goods or materials delivered to or sent from the Premises to be stored on, accumulate on or obstruct the loading dock area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of the Building or the Property. Lessee acknowledges that violations of this Paragraph 5.3 shall constitute a material breach 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Sources: Lease (Fundtech LTD)
Use. (a) Tenant shall will occupy and use the Premises only for general office and for no other use. Tenant agrees not to use ▇▇▇ ▇▇emises for any immoral or unlawful purpose. Landlord agrees that, subject to Section 18 and to the prior reasonable review and approval by Landlord and compliance with all applicable governmental requirements, including but not limited to the American with Disabilities Act, and any signing criteria in any covenants, conditions, and restrictions recorded prior to the date of this Lease, Tenant may erect and maintain on the Premises and the building and improvements any signs advertising Tenant's business, as Tenant may reasonably desire.
(b) Tenant shall not commit any acts on the Premises, nor use the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring or hereinafter insuring the Premises or the improvements on the Premises. Except as otherwise provided in this Section 6(b), Tenant shall, at Tenant's sole cost and expense, comply with all requirements of Landlord's insurance carriers that are necessary for the Use specified continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises; provided however that in Section l above, and pursuant the event such compliance would result in capital repairs or improvements to the Building Rules (Property, Landlord shall effect such compliance and Tenant shall pay to Landlord as defined hereunder)additional rent each month a portion of the cost of such improvement equal to Tenant's Share of the cos▇ ▇▇ ▇uch repair or improvement amortized over the useful life of such repair or improvement. Without limited the generality of Notwithstanding the foregoing, in lieu of making modifications to the Premises or the Building to cause the Premises or the Building to comply with the requirements of any insurance carrier, Tenant shall have the right to pay any increase in premium charged by Landlord's carrier on any ▇▇▇▇ ▇▇ other liability policy provided such right may be exercised only if permitted by the carrier without termination of such policy and further provided that such increase shall not absent the agreement of any other tenant(s) be prorated among the tenants of the Building but shall be borne solely by Tenant.
(c) Tenant shall not use allow the Premises to be used for any on-site retail salesunlawful purpose, nor shall Tenant cause, maintain or permit any nuisance, either private or public, in, on or about the Premises. Tenant waives any implied warranty of Landlord that No sale by auction shall be permitted on the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationswithout Landlord's prior written consent. Tenant shall not permit place any conduct loads upon the floors, walls, ceiling or condition roof which may endangermight endanger or damage the structure: nor place or spill, disturb nor suffer to be placed or otherwise interfere with spilled, any other Building occupant’s normal operations harmful substances or with Hazardous Substances in the management drainage system of the Building, nor on the Premises, the Building nor the Property; nor overload any electrical, mechanical, plumbing, sprinkler, or other systems. No waste materials or refuse shall be permitted to remain upon any part of the Premises nor outside of the Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not place anything or allow anything to be placed near any window or door which may use all Common Areas only for their intended purposesappear unsightly from outside the Premises. Subject No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to Tenant’s be committed any waste in or upon the Premises. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected (whether or not by Landlord) nor use of the Common Areas and Building by other occupants nor use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord to Tenant. Tenant shall comply with any covenant, condition or restriction affecting the terms Premises, which covenant, condition or restriction is of record as of the date of this Lease or as to covenants, conditions or restrictions not of record as of the date of this Lease, only such covenants, conditions or restrictions which do not materially and adversely affect the Tenant's occupancy or use of the Premises. The provisions of this Section are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the Premises.
(d) Except as otherwise provided in Section 6(e), Tenant shall, at Tenant's sole cost, promptly comply with all laws, statutes, ordinances, rules, regulations, orders, recorded covenants and restrictions, and requirements of all municipal, state, and federal authorities now or later in force, including, but not limited to, all provisions of the Americans with Disabilities Act (the "ADA"), all seismic retrofitting and other earthquake protection measures being required by any governmental entity with regard to the Premises, any requirements of Title 24 of the California Code of Regulations, the requirements of any board of fire underwriters or other similar body now or in the future constituted, and the direction or occupancy certificate issued by public officers (collectively the "Legal Requirements"), insofar as they relate to the condition, use, or occupancy of the Premises, the construction of the Tenant Improvements (as hereinafter defined) and the construction of any future Alterations (as hereinafter defined), including but not limited to the correction or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents. Except in such circumstances where Tenant's compliance with Legal Requirements arises in connection with the correction or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents, if Tenant's compliance with Legal Requirements results in capital repairs or improvements to the Property, Landlord shall have exclusive control effect such compliance and Tenant shall pay to Landlord as additional rent each month a portion of all Common Areas at all timesthe cost of such improvement equal to Tenant's Share of the cost of such repair or improvement amortized over the useful life of such repair or improvement. “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event The judgment of any conflict court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant that Tenant has violated any L▇▇▇▇ ▇equirement in the condition, use, or occupancy of the Premises, will be conclusive of that fact as between Landlord and Tenant.
(e) Except in such circumstances where Tenant's compliance with Legal Requirements arises in connection with the Building Rules and this Leasecorrection or remediation of a violation arising out of or in connection with the construction of Tenant Improvements or other Alterations done by or on behalf of Tenant or which violation arises out of or results from the actions of Tenant or any of Tenant's contractors, this Lease shall control. Tenant shall be responsibleemployees, licensees, invitees or agents, Landlord shall, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix be responsible for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant compliance with Legal Requirements to the extent that such compliance requires (i) physical modifications to the foundation, roof, roof membrane, parking lot, sidewalks, structural walls or other structural elements of the Building, (ii) physical modifications to tenant improvements existing in the Prior Premises for as of the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity date of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable except as such modifications may relate to the Propertynature or placement of Tenant's furnishings, fixtures or equipment, or (iii) physical modifications to the bathrooms existing in the Additional Premises on the date of this Lease.
Appears in 1 contract
Sources: Office Lease (Regan Holding Corp)
Use. (a) Tenant shall occupy and agrees to use the Premises only for the Use specified in Section l abovea safe, careful and proper manner, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoingcomply, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for at Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and expense, with all Laws applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use use, occupancy or alteration of the Common Areas Premises and with any Laws that require any alterations to 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 Premises due to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use status under such Laws, including, without limitation, the operation ADA; provided, however, that Landlord shall, at Landlord’s cost and expense, make any changes or alterations required by Laws, including the ADA, as a result of its business conditions existing prior to the Commencement Date in the Premises, and the completion of not resulting from Tenant’s Improvements (as defined below) and particular use of the Premises. If, due to the nature or manner of any Alterations (as defined below) installed use or occupancy of the Premises by Tenant, any improvements or alterations to the Building or the Premises are determined to be required to comply with any Laws, then Tenant will pay all costs of the required improvements, alterations or changes in services. Tenant will not keep anything on behalf of Tenant to the Premises for any purpose which increases the conduct of its business, but insurance premium cost or invalidates any insurance policy carried on the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this LeasePremises by Landlord. Tenant understandswill pay, agrees as Rent and acknowledges that neither Landlord nor its Agents have made upon demand of Landlord, any representation or warranty that such increased premium cost due to Tenant’s intended Use use or occupation of the Premises. Tenant will not cause, maintain or permit any nuisance or waste in or about the Building or the Premises. In addition, except as expressly provided otherwise in the Lease, Tenant will keep the Premises free of debris, and anything of a dangerous, noxious or toxic nature, which could create a fire hazard or undue vibration, heat, noise, fumes, vapors or odors. If any item of equipment, building material or other property brought into the Building or the Premises by Tenant or on Tenant’s request causes a dangerous, noxious or toxic effect (including an environmental effect) and in Landlord’s reasonable opinion such effect will not be permanent but will only be temporary and is permitted under the City able to be eliminated, then Tenant will not be required to remove such item, provided that Tenant promptly and diligently causes such effect to be eliminated, pays for all costs of Phoenix zoning ordinance applicable to the Propertyelimination and indemnifies Landlord against all liabilities arising from such effect.
Appears in 1 contract
Sources: Lease Agreement (Encision Inc)
Use. (a) Tenant The Premises shall occupy and use the Premises only be used for the Permitted Use specified in Section l above, and pursuant for no other purpose. Tenant agrees not to use or permit the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail salespurpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Landlord hereby represents that so long as Tenant waives any implied warranty complies with all of Landlord that the terms and conditions of this Lease and uses the Premises is suitable in a manner that does not materially increase the danger of property damage or personal injury, the use of the Premises for Tenant’s intended commercial purpose or Tenant’s permitted the Permitted Use or will not result in an increase in the cost of insurance coverage for any which Tenant will be responsible (other purpose under any and all applicable zoning ordinances or regulationsthan through inclusion in Basic Costs). Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees in such a manner as not permit to interfere with, annoy or disturb other tenants, or in any conduct or condition which may endanger, disturb or otherwise way interfere with any other Building occupant’s normal operations or with Landlord in the management and operation of the Building. Tenant may use will maintain the Premises in a clean and healthful condition, and comply with all Common Areas only laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's particular business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any Laws. Tenant will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time to time and will cause all of its agents, servants, contractors, employees, customers, licensees and invitees to do so. All changes to such rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. Except to the extent properly included in Basic Costs, Landlord shall be responsible for their intended purposes. Subject the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to Tenant’s use of the Common Areas and of the terms of this LeaseBuilding. Notwithstanding the foregoing, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules and regulations attached right to this Lease as Exhibit “B” as they may be amended from time to time. In the event of contest any conflict between the Building Rules and this Leasealleged violation in good faith, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation right to apply for and obtain a waiver or deferment of its business compliance, the right to assert any and all defenses allowed by law and the completion of Tenant’s Improvements (as defined below) and right to appeal any decisions, judgments or rulings to the fullest extent permitted by law. Landlord, after the exhaustion of any Alterations (as defined below) installed by and all rights to appeal or on behalf contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any final order or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyjudgment.
Appears in 1 contract
Use. (a) Tenant shall occupy and use The Equipment is offered by the Premises only Hirer solely for the Use specified in Section l above, use for the purposes of self-storage and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall should not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or be used for any other purpose or removed from site. The Hiree should not store within the container / room any goods or items which may be hazardous to other users of the self-storage facilities or which may, through negligence or mishap, cause damage to the container / room or adjacent containers / rooms. The Hiree should not store within the container / room any goods or items which may be explosive or inflammable. The Hiree should not store within the container / room any goods or items that are illegal, including illegal drugs, alcohol and contraband cigarettes. The Hiree should not use the Equipment for the storage of anything living (livestock, pets, plants etc.) of any kind. If the Hiree intends at any stage to store waste of any nature within any container / room then the Hiree should first seek clarification / consent from the Environment Agency and the Hirer before commencing such storage. The storage container / room is an enclosed area within the definition of no smoking legislation and the Hiree must ensure that no one smokes within the store while the store is on hire. The Hiree shall only use the goods lift, where applicable, solely for transporting their possessions between floors. No persons are to attempt to travel between floors in the goods lift under any and all applicable zoning ordinances or regulationscircumstances. Tenant The Hiree shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 liable in the event of a mishap resulting from actions of the Hiree or involving the contents of the Hiree’s self-storage unit / room which results in damage to the property of other users of the self-storage facilities or to the property of anyone else or the injury to persons using or in the vicinity of the self-storage facilities. The Hirer undertakes to provide a lockable self-storage facility that is in good order. The Hirer accepts no responsibility / liability for the security of the self-storage unit / room or its contents nor does any conflict between landlord from whom the Building Rules Hirer has rented land to carry out the business of self-storage, whether the property has security protection or not. The Hiree is responsible for returning the self-storage unit / room to the Hirer in good order at the end of the hire period and this Lease, this Lease shall control. Tenant if not shall be responsibleresponsible for all charges to bring the self-storage unit / room to good order including cleaning, at its sole cost removal or rubbish and expense, to obtain all required permits, approvals, zoning change making good any damage caused including by break-in or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises attempted break-in. The Hiree is responsible for the conduct removal of its business, but all rubbish resulting from activities on site and must maintain the failure area around the self-storage unit / room in good order. Failure to do so may result in a charge for cleaning or removal of Tenant rubbish and/or abandoned goods or chattels. The Hiree should comply with operational conditions on the site including health and safety and environmental requirements and should restrict themselves to obtain any or all such permits activities directly associated with the storage – loading and approvals shall not affect unloading of goods and chattels to and from the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyEquipment.
Appears in 1 contract
Sources: Hire Agreement
Use. (a) The Landlord hereby leases to Tenant shall occupy and use the Premises only Tenant hereby hires from Landlord those certain premises as hereinafter described for the Use specified in Section l abovesole purposes of conducting thereon the following business under the following trade name: Soyodo, for a retail bookstore, including the sale of DVD's. VCD's. pre-recorded music, gifts, stationery and pursuant to the Building Rules (as defined hereunder)other related merchandise. Without limited the generality of the foregoing, Tenant shall not use the Demised Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose or operate its business in the Demised Premises under any and all applicable zoning ordinances or regulationsdifferent trade name whatsoever without Landlord's prior written consent. Tenant shall not permit any conduct or condition acknowledges and agrees that the Rental Rate for the Demised Premises is based in part upon the use which may endangerTenant has represented to Landlord that Tenant will make of the Demised Premises. Tenant's specified use is also anticipated to be complementary and compatible with other uses in the shopping center of which it is a part, disturb or otherwise interfere with any other Building occupant’s normal operations or and consistent with the management type of shopping center which Landlord considers material to its public image and to its economic benefit. Landlord would not have leased the BuildingDemised Premises to Tenant without the restrictions contained herein, and may suffer economic harm or other detriment if, subsequent to the date hereof, the use or trade name changes. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms of this LeaseAccordingly, Landlord shall have exclusive control the right, to be exercised in its sole and absolute discretion, to deny any requested change in the use or trade name, or to condition the granting of all Common Areas at all times. “Building Rules” means consent upon modifications to the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In terms of the event of any conflict between the Building Rules and this Lease, this Lease shall controlincluding, but not limited to rental and term length. Tenant shall be responsible, at its sole cost and expense, supply Landlord with such information as Landlord reasonably requires in order to obtain all required permits, approvals, zoning change analyze Tenant's request for any such change. Tenant acknowledges that Landlord has made no representations or variance required by warranties to Tenant concerning the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and presence or absence of any Alterations (as defined below) installed by particular tenant, use, or on behalf of Tenant tenant or use mix in the shopping center, and has no obligation to the Premises for the conduct of its business, but the failure of Tenant to obtain or refrain from allowing any particular tenant or all such permits and approvals shall not affect use in the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyshopping center.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only Leased Property for the Use specified purposes as described in Section l abovethe Specific Terms. Tenant shall not use nor permit the Leased Property to be used for any purpose other than that set forth in the Specific Terms. To the extent that ▇▇▇▇▇▇’s use of the Leased Property causes an increase in the premiums for hazard insurance maintained by the Landlord on the Leased Property, the Tenant shall pay for such increased cost. Tenant further covenants and agrees to observe and comply promptly and completely with all statutes, ordinances, rules, orders, regulations, and pursuant to requirements of Federal, State, County and City governments regulating the Building Rules (as defined hereunder). Without limited use by the generality Tenant of the foregoingLeased Property. The restrictions set forth in this paragraph shall extend to all agents and employees of Tenant. Further, Tenant shall not use or occupy the Premises Leased Property in any manner which interferes with or disturbs the lawful use and occupancy of the adjacent premises or tenants. MAINTENANCE: In the Specific Terms, where it refers to Exterior Maintenance, it specifically includes maintenance of the exterior walls of the building in which the Leased Property is located, its roof, foundation and sidewalks, but does not include repair and maintenance to glass, maintenance of parking areas and snow removal, which are separately addressed. In the Specific Terms, where it refers to Interior Maintenance, it specifically includes maintenance of interior walls, ceilings, and flooring of the Leased Property, plumbing, and electrical systems serving the Leased Property, fixtures located in the Leased Property, but does not include repair and maintenance to glass, maintenance of parking areas and snow removal, which are separately addressed. Regardless of which party is required to maintain a specific item, if damage occurs to such item so as to ordinarily require repair or maintenance by one party, but such damage is caused by the negligence or fault of the other party, the other party shall repair the same in a good, satisfactory and workmanlike manner at his sole expense. ANIMALS / PETS: Unless otherwise provided herein, no animals will be brought on the Leased Property by Tenant or guest at any time other than guide dogs assisting a handicapped person. RULES AND REGULATIONS: Landlord may adopt such reasonable written rules and regulations as it deems appropriate for the use and occupancy of the Leased Property. Landlord shall provide copies of such rules and regulations to the Tenant upon entry into this Commercial Lease and shall further provide the Tenant with copies of any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any amendments to such rules and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endangercomply with all reasonable written rules and regulations adopted by the Landlord. ORDINANCES AND STATUTES: Tenant shall comply with all applicable statutes, disturb or otherwise interfere ordinances, and requirements of all municipal, county, state, and federal authorities and with any other Building occupant’s normal operations or with applicable private restrictive covenants regarding the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and Leased Property. HAZARDOUS MATERIALS: Tenant shall not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the terms Leased Property by Tenant, Tenant’s agents, employees, contractors or invitees, other than such materials typically used, stored, generated or disposed of in the normal course of operation of a business or operation as described in the “use” paragraphs of this Commercial Lease, Landlord shall have exclusive control provided such use, storage, generation and disposal is in compliance with all applicable federal, state and local statutes, laws, regulations and ordinances. If Hazardous Substances are used, stored, generated or disposed of all Common Areas on or in the Leased Property except as permitted above, or if the Leased Property becomes contaminated at all times. “Building Rules” means any time after the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event of possession date in any conflict between the Building Rules and this Leasemanner for which Tenant is legally liable, this Lease shall control. Tenant shall be responsibleindemnify and hold harmless the Landlord from any and all claims, at its sole cost and expensedamages, to obtain all required permitsfines, approvalsjudgments, zoning change penalties, costs, liabilities or variance required by the City of Phoenix for Tenant’s Use losses (including, without limitation, a decrease in value of the operation Leased Property, damages due to loss or restriction of its business rentable or usable space, or any damages due to adverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the completion term of this Commercial Lease and arising as a result of such contamination by ▇▇▇▇▇▇. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any hazardous substance on the Leased Property and such results in contamination, Tenant shall promptly, at Tenant’s Improvements sole expense, take any and all necessary action to return the Leased Property to the condition existing prior to the presence of any such hazardous substance on the Leased Property. Tenant shall first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive, and which is regulated by any local government, the State of Montana, or the United States Government. "Hazardous Substance" includes any and all materials or substances which are defined as "hazardous waste," "extremely hazardous waste," or "hazardous substance," pursuant to state, federal or local governmental law. "Hazardous Substance" includes, but is not restricted to, asbestos, polychlorobiphinyls (as defined below"PCBs") and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertypetroleum.
Appears in 1 contract
Sources: Commercial Lease
Use. (a) The Premises may be used and occupied only for general business office, sales, administrative, software engineering, and software research and development purposes and for no other use or purpose without Landlord's prior consent, which consent shall not be unreasonably withheld. In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises by Tenant, Landlord may withhold consent if the proposed use is either not compatible with the use as an office building or violates another provision of this Lease. Tenant shall occupy comply with all present and future Laws relating to Tenant's use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the Use specified "Building Rules" (as defined in Section l above27 - RULES AND REGULATIONS), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the Building Rules (as defined hereunderprovisions of Section 3.2(a)(1)(G) above). Without limited the generality of the foregoing, Tenant shall not use do, bring, keep or 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 (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any on-site retail sales. Tenant waives insurance policy covering the Project or any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationspart thereof. Tenant shall not permit the Premises to be occupied or used in any conduct manner that will constitute waste or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall controla nuisance. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use includingnot, without limitationthe prior consent of Landlord, bring into the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by Building or on behalf of Tenant to the Premises for anything that may cause substantial noise, odor or vibration, overload the conduct floors in the Building or any of its businessthe heating, but ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the failure Building ("BUILDING SYSTEMS"), or jeopardize the structural integrity of Tenant to obtain the Building or any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertypart thereof.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Use. (a) Owner shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of the storage space or the preservation of good order on the facility. ▇▇▇▇▇▇ agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time. Tenant’s access to the storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the storage facility. Tenant shall occupy and have the right to use the Premises only entrance, driveways, parking areas (not specifically assigned to other tenants), elevators, stairs and hallways that are generally available to all tenants, for the Use specified sole purpose of access to and from Tenant’s space. Tenant’s access to its space shall only be during the days and hours of the days established by Owner in Section l abovethe Rules and Regulations. Tenant shall be responsible for the conduct of its guests and invitees at all times while they are on Owner’s property. Tenant shall not store any property in the space that is inflammable, and pursuant explosive, hazardous, dangerous to the Building Rules (as defined hereunder)health of humans, or which will increase the rate of Owner’s fire insurance premium. Without limited the generality of the foregoing, Tenant shall not use the Premises space for residential purposes, nor shall Tenant permit occupancy by animals, and Tenant shall not do or permit to be done any on-site retail salesact that may create, or does create, a nuisance or which may disturb or interfere with the use of the facility by the Owner or its other tenants. Tenant shall not store any goods or engage in any other act in violation of any applicable law, ordinance, code, rule, regulation or order of any governmental agency or any of the Rules and Regulations of Owner as may be adopted and/or revised by Owner from time to time in Owner’s sole discretion. Owner is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. Owner does not exercise care, custody, nor control, over ▇▇▇▇▇▇’s stored property. Tenant agrees to use the storage space only for the storage of property wholly owned by Tenant. Tenant shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Tenant. Tenant waives any implied warranty of Landlord that claim for emotional or sentimental attachment to the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsstored property. Tenant shall agrees not permit any conduct or condition which may endanger, disturb or otherwise interfere to store property with any other Building occupant’s normal operations or with a total aggregate value in excess of $5,000 without the management prior written permission of the BuildingOwner. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitationIf such written permission is not obtained, the operation of its business and the completion aggregate value of Tenant’s Improvements (as defined below) and of property shall be deemed not to exceed $5,000. Nothing herein shall constitute any Alterations (as defined below) installed agreement or admission by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty Owner that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable stored property has any value, nor shall anything to the Propertycontrary in this Section 22 limit or otherwise alter the releases by Tenant of Owner's liability as set forth elsewhere in this Agreement.
Appears in 1 contract
Sources: Self Storage Rental Agreement
Use. (a) Tenant The Premises shall occupy and use the Premises be used only for the Use specified in Section l abovepurpose of receiving, storing, shipping and pursuant to the Building Rules selling (but specifically excluding retail selling) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as defined hereunder). Without limited the generality of the foregoingmay be incidental thereto; provided, however, with Landlord's prior written consent, Tenant shall not may also use the Premises for any on-site retail saleslight manufacturing. Tenant waives shall not conduct or give notice of any implied warranty auction, liquidation, or going out of Landlord that business sale on the Premises is suitable for provided, however, Tenant may conduct “tent sales” to Tenant’s intended commercial purpose 's employees and/or customers on or Tenant’s permitted Use or about the Premises, subject to applicable Legal Requirements, but in no event shall such “tent sales” occur more than two (2) times in any given calendar year upon delivery of written notice to Landlord along with a traffic control plan at least sixty (60) days prior to such tent sale, provided Tenant shall be responsible for any other purpose under cost associated with such “tent sales” including, but not limited to, any related insurance or property tax increases to Landlord, compliance with Legal Requirements, and/or property maintenance resulting from such operation. Landlord shall have no liability whatsoever in connection with such “tent sales”, and Tenant shall indemnify Landlord for any and all applicable zoning ordinances claims arising from such “tent sales”. Notwithstanding anything to the contrary set forth elsewhere in this Lease, Tenant shall have the right to place and maintain at all times, patio furniture in an outside location mutually agreeable to Landlord and Tenant, at Tenant's sole cost and expense, during the Lease Term which shall be utilized by Tenant and its employees in connection with its business operations. Landlord shall have no liability whatsoever in connection with such outside patio furniture and Tenant shall indemnify Landlord for any and all claims arising from the presence and maintenance of such outdoor area. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or regulationsstructure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any conduct objectionable or condition which may endangerunpleasant odors, disturb smoke, dust, gas, noise, or otherwise interfere with vibrations to emanate from the Premises, or take any other Building occupant’s normal operations action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent; provided, however, Tenant shall have the right to park operable vehicles and trailers overnight at the truck loading docks and designated truck and trailer parking areas for the Premises and operable automobiles in the designated automobile parking areas, and further provided there is no interference with the management access of other tenants to the BuildingBuilding and Project parking lots and truck courts. Tenant may Tenant, at its sole expense, shall use and occupy the Premises in compliance with all Common Areas only for their intended purposeslaws, 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"). Subject to Tenant’s use The Premises shall not be used as a place of public accommodation under the Common Areas and the terms of this LeaseAmericans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, 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. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of any conflict between the Building Rules Commencement Date and this Leasesuch non-compliance is not related to Tenant's specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, this Lease Landlord shall controlmake such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant's specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall be responsibleshall, at its sole cost and expense, to obtain all required permitsmake any alterations or modifications, approvalswithin or without the Premises, zoning change or variance that are required by Legal Requirements related to Tenant's use or occupation of the City of Phoenix Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s Use including's or Landlord's insurance, without limitationincrease the insurance risk, or cause the operation of its business and the completion of Tenant’s Improvements (as defined below) and disallowance of any Alterations (as defined below) installed sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or on behalf occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of under this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for the Use specified general office purposes and purposes incident thereto in Section l abovecompliance with Exhibit H, Hazardous Waste, and pursuant shall not use or permit the Premises to be used for any other purpose without the Building Rules (as defined hereunder)prior written consent of Landlord. Without limited the generality of the foregoing, Tenant shall not use or occupy the Premises in violation of any recorded covenants; conditions and restrictions affecting the Site or of any law or of the Certificate of Occupancy issued for the Building of which the Premises are a part, and shall upon five (5) days' written notice from Landlord, discontinue any on-site retail salesuse of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant waives may not offer shared tenant services, such as but not limited to telecommunications, data processing or word processing, to any implied warranty of unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any at its sole and all applicable zoning ordinances or regulationsabsolute discretion. Tenant shall not permit install any conduct radio or condition which may endangertelevision antenna, disturb loudspeaker or otherwise interfere with any other Building occupant’s normal operations device on the roof or with the management exterior walls of the Building. Tenant may use all Common Areas only for their intended purposesshall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. Subject to Tenant’s use Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the Common Areas nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the terms 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 this LeaseParagraph S. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, 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 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 the partitions to be considered a part of the live load. Landlord shall have exclusive control reserves the right to prescribe the weight and position of all Common Areas at all timessafes, files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof. “Building Rules” means the rules Tenant's business machines and regulations attached to this Lease as Exhibit “B” as they mechanical equipment which cause vibration or noise that may be amended from time transmitted to time. In the event of any conflict between the Building Rules structure or to any other space in the Building shall be so installed, maintained and this Lease, this Lease shall controlused by Tenant as to eliminate such vibration or noise. Tenant shall be responsibleresponsible for all structural engineering required to determine structural load. Tenant shall fasten all files, at its sole cost bookcases and expense, like furnishings to obtain all required permits, approvals, zoning change or variance required by walls in a manner to prevent tipping over in the City event of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals earth movements. Landlord shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made be responsible for any representation damage or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyliability for such events.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (acollectively, "Legal Requirements"). Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any use of the Premises that is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Provided that Tenant has prior knowledge of the then current terms of Landlord's insurance coverage with respect to the Project, (i) Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any such use, and (ii) Tenant shall occupy and reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of Tenant's failure to comply with the provisions of this Section. Tenant will use the Premises only for in a careful, safe and proper manner and will not commit waste, overload the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality floor or structure of the foregoingPremises, subject the Premises to uses that would damage the Premises or obstruct or interfere with the rights of Landlord or other guests, invitees, licensees, or other authorized users of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Project. Tenant shall not place any equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant, without the prior written consent of Landlord, shall not use the Premises for in any on-site retail sales. Tenant waives any implied warranty manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of Landlord that the Project as proportionately allocated to the Premises is suitable and as usually furnished for the Permitted Use. Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, shall make any alterations or modifications, to obtain all required permitsthe interior or the exterior of the Premises or the Project, approvals, zoning change or variance that are required by the City of Phoenix for Tenant’s Use Legal Requirements (including, without limitation, compliance of the operation Premises with the Americans With Disabilities Act, 42 U.S.C. (S) 12101 et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant Premises, provided that the foregoing obligation shall not apply to the Premises extent any non-compliance with Legal Requirements is due to a Construction Defect. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the conduct same (including, without limitation, Legal Fees) (collectively, "Claims") arising out of its businessor in connection with Legal Requirements and Tenant shall indemnify, but the defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of Tenant the Premises to obtain comply with any or all such permits and approvals shall not affect the validity of this Lease. Tenant understandsLegal Requirement, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable except to the Propertyextent, and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Use. Occupant expressly agrees and covenants with Owner that Occupant will not use said premises for an unlawful purpose, and that the unit shall only be used for the storage of personal property belonging to the Occupant or legally in Occupant's possession. Occupant will pay the rent each month as it becomes due. Occupant will keep said premises in good condition (a) Tenant usual wear and tear expected), and that Occupant will not store radioactive, hazardous materials, hazardous waste, noxious substances, explosive, combustible or flammable materials or goods on said premises, that Occupant will not do, or permit anything to be done, in or upon the leased premises that increases the fire hazard beyond that which exists by reason of the ordinary use or occupancy of the premises for storage purposes. Occupant shall occupy bear all responsibilities for theft or damage, if any, to said property caused by but not limited to fire, theft, acts of God, or actions of others, whether indirect or direct loss or physical damage to any property stored in such premises. ALL PROPERTY KEPT, STORED, OR MAINTAINED ON THE PREMISES BY OCCUPANT SHALL BE AT OCCUPANT'S SOLE RISK, and further, Occupant acknowledges that no heat will be provided or furnished to such storage unit at any time, nor is Owner obligated to furnish any security guards, burglar alarms, or other security nor is Owner liable for burglary or theft. Owner does not warrant that the Unit or Owner's buildings are fireproof or that the contents of such building cannot be damaged or destroyed by fire. Occupant may conduct no business activity upon the premises and may use the Premises only common areas solely for the Use specified in Section l abovepurpose of coming and going to store or remove items of their personal property, provided that the Occupant may not obstruct other traffic. All personal property must be stored within the Unit. Therefore, Occupant shall not store any antiques, artworks, heirlooms, collectibles, or any property having special or sentimental value to Occupant. Occupant shall not store any perishable goods, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not inhabit the Storage Space for human, animal, or live plant use the Premises for at any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use time or for any other purpose under duration; no electricity or any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with sort of combustible heating devices are allowed in the management Storage Space without approval of the BuildingOwner. Tenant may use all Common Areas only Occupant waives any claim for their intended purposesemotional or sentimental attachment to the stored property. Subject Occupant agrees not to Tenant’s use store property with a total value in excess of $5,000.00 without the written permission of the Common Areas and Owner. If such written permission is not obtained, the terms value 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant Occupant's property shall be responsible, at its sole cost and expense, deemed not to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyexceed $5,000.00.
Appears in 1 contract
Sources: Storage Rental Agreement
Use. (a) The Tenant shall occupy and must not use the Premises only Property for any purpose other than the Use specified in Section l above, and pursuant to Permitted Use. The Tenant must keep the Building Rules (as defined hereunder)Property open for trading during the Minimum Trading Hours. Without limited Except that the generality of the foregoing, Tenant shall not be required to be open for trading in any period during which: the Tenant (or any authorised undertenant or occupier) is carrying out any alterations to the Property that are permitted or required by this lease; the Tenant has vacated the Property in anticipation of an authorised assignment of this lease; it is not possible to occupy or access the Property following damage to or destruction of the Centre by an Insured Risk or an Uninsured Risk; or occupation or trading would result in a breach of any other provision of this lease. The Tenant must not: use the Premises Property for any on-site retail sales. Tenant waives illegal purposes nor for any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use in a manner that would cause loss, damage, injury, nuisance or for inconvenience to the Landlord, the other tenants or occupiers of the Centre or any other purpose under any and all applicable zoning ordinances property that neighbours the Centre; use the Property as a betting shop or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb an amusement arcade or otherwise for the purposes of gaming or gambling; hold any auction at the Property; overload any part of the Centre nor overload or block any Service Media at or serving the Property; store, sell or display any offensive, dangerous, illegal, explosive or highly flammable items at the Property; hold a food hygiene raring of less than 3 (to be clearly displayed at all times); except as permitted by the Rights and 1720.5 interfere with any other Building occupant’s normal operations Service Media at the Centre; allow any person to sleep at or reside on the Property. The Tenant must observe all reasonable and proper regulations made by the Landlord from time to time in accordance with the principles of good estate management of and notified to the Building. Tenant may use all Common Areas only for their intended purposes. Subject relating to Tenant’s the use of the Common Areas Centre, the Landlord's Neighbouring Property and any other neighbouring or adjoining property provided that: such regulations do not materially interfere with the Tenant's use of the Property for the Permitted Use and the Tenant's exercise of the Rights; and if there is any conflict between such regulations 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitationlease, the operation terms of its business this lease shall prevail. The Tenant must: not use any other part of the Centre in connection with the loading and delivery of goods and materials to the completion Property except via the access corridor from the entrance to the start of Tenant’s Improvements their demised (as defined belowedged orange on the access plan) and of any Alterations (as defined below) installed by yard area. only load or on behalf of Tenant to unload vehicles in the Premises for yard area; not obstruct the conduct of its businessService Area, but the failure of Tenant to obtain any or all such permits Service Roads and approvals shall not affect the validity of this Lease. Tenant understands, agrees Service Accesses and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyFacilities.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall occupy and use the Premises premises only for the Use specified in Section l above, and pursuant to the Building Rules permitted use (as defined hereunderin Paragraph 1.h. hereof). Without limited Tenant will not occupy or use the generality premises, or permit any portion of the foregoing, Tenant shall not use the Premises premises to be occupied or used for any on-site retail sales. Tenant waives business, or permit any implied warranty portion of Landlord that the Premises is suitable premises to be occupied or used for Tenant’s intended commercial any business or purpose or Tenant’s other than the permitted Use use, or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor will Tenant permit anything to be done which will in any way increase the rate of fire insurance on the building or its contents; and in the event that there shall be any increase in the rate of insurance on the building or its contents created by Tenant's acts or conduct of business, then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not constitute a waiver of any of Landlord's other purpose under rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the building. Tenant will maintain the premises in a clean, healthful and safe condition and will comply with all applicable zoning ordinances laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or regulationsbodies having any jurisdiction thereof) with reference to use, condition or occupancy of the premises. Tenant will not, without the prior written consent of the Landlord, paint, install lighting, window coverings or decoration or install any signs, window or door lettering, or advertising media of any type on or about the premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times. Tenant shall not permit any conduct have alcohol or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or illegal drugs on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertypremises.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy and use the Premises be used only for the Use specified in Section l abovestated on the Data Sheet and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and pursuant other vehicles, garbage containers and outdoor furniture are prohibited without Landlord’s prior written consent. Tenant shall, at its own cost and expense, obtain any and all licenses and permits necessary for Tenant’s Use prior to the Building Rules (as defined hereunder)Commencement Date. Without limited the generality of the foregoingFurther, Tenant shall not use the Premises be responsible for any on-site retail sales. Tenant waives any implied warranty of Landlord ensuring that the Premises Use is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose an allowable use under any and all applicable the zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management code of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use City of Plymouth, as 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 same may be amended from time to time, it being understood and agreed that the fact that the Use is not allowed shall not excuse Tenant’s full payment and performance under this Lease. In the event Landlord makes no representations or warranties of any conflict between kind or nature that the Building Rules and this Lease, this Lease shall controlUse is a permitted use under the zoning code of the City of Plymouth or any other governmental entity or agency with jurisdiction over the Building. Tenant shall be responsiblecomply with all governmental laws, at its sole cost ordinances and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance 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 nuisance in or upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not receive, store or otherwise handle on the Premises any product, material or merchandise that 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) that would render the insurance on the Building or the property on which the Phase is located (“Property”) void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any increase in the fire and extended coverage insurance premiums paid by Landlord for the Building is caused by Tenant’s use and occupancy of the Premises, then Tenant shall pay to Landlord the amount of such increase, within ten (10) days after written demand therefor, as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall use and occupy and use the Premises only for the Use specified use set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality Article 1.G. of the foregoing, Tenant Basic Lease Provisions and shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and all applicable zoning ordinances absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or regulationsinfringe upon the rights of other tenants or occupants in the Project. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to obtain or affecting (a) the condition, use or occupancy of the Premises or the Project (excluding changes to the Project not related to Tenant’s particular use of the Premises or Tenant’s leasehold improvements), and (b) improvements installed or constructed in the Premises by or for the benefit of Tenant. Landlord shall comply with all required permitsapplicable laws relating to the base Building, approvalsprovided that compliance with such applicable laws is not the responsibility of Tenant under this Lease, zoning change and provided further that Landlord’s failure to comply therewith would prohibit Tenant from obtaining or variance required by maintaining a certificate of occupancy for the City Premises, or would unreasonably and materially affect the safety of Phoenix Tenant’s employees or create a significant health hazard for Tenant’s Use includingemployees. Tenant shall not permit more than eight (8) people per one thousand (1,000) rentable square feet of the Premises to occupy the Premises at any time. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any standard insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, without limitationorders, the operation regulations and requirements of its business any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and the completion Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant failure to comply with the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity provisions of this Lease. Tenant understands, agrees Article 7 after notice and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City expiration of Phoenix zoning ordinance applicable to the Propertythirty (30) days.
Appears in 1 contract
Sources: Standard Office Lease (Move Inc)
Use. (a) Tenant agrees that it shall occupy and use the Premises only for business offices (including activities incidental to such use) and any other lawful use in keeping with the Use specified in Section l above, class and pursuant to character of the Building Rules (and for no other purposes. Landlord hereby acknowledges and agrees that the Tenant’s use of the Building as defined hereunder)of the Commencement Date is a permitted use under this Lease. Tenant shall comply with all federal, state and municipal laws, ordinances and regulations and all covenants, conditions and restrictions of record applicable to Tenant’s use or occupancy of the Premises; provided that, Tenant shall not be required to incur any expense or to perform any additional construction, unless the need for such compliance is solely caused by Tenant’s manner of, or specific use of the Premises for the conduct of Tenant’s specific business. Without limited the generality of limiting the foregoing, Tenant shall not use cause, nor permit, any hazardous or toxic substances to be brought upon, produced, stored, used, discharged or disposed of in, on or about the Premises for any on-site retail sales. Tenant waives any implied warranty without the prior written consent of Landlord that the Premises is suitable for and then only in compliance with all applicable environmental laws. If solely as a result of Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s particular use of the Common Areas and Premises (a) the terms amount of this Leaseinsurance premiums payable by Landlord for insurance maintained by Landlord for or in respect to the Building is increased, (b) any such insurance coverage is decreased, or (c) cancellation or refusal to renew any such insurance policy is threatened, Landlord shall have exclusive control provide written notice to Tenant (the “Insurance Notice”), which written notice shall include reasonable documentation evidencing the occurrence 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 timean event referenced in (a) through (c) above, whereupon Tenant shall immediately pay any such increased premium or cease any such use. In the event of that Tenant fails to pay any conflict between such increased premium or cease any such use within five (5) business days after receiving the Building Rules Insurance Notice, then Landlord shall have the right and this Leaseoption, in addition to Landlord’s other rights and remedies hereunder, to terminate this Lease shall controlupon written notice to Tenant effective on the date set forth in such notice. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant have access to the Premises for 24 hours per day, seven days per week and 365 days per year during the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyTerm.
Appears in 1 contract
Sources: Office Lease (Telvent Git S A)
Use. (a) Tenant The Premises shall occupy and use the Premises only be used for the Permitted Use specified in Section l above, and pursuant for no other purpose. Tenant agrees not to use or permit the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail salespurpose which is illegal, dangerous to life, limb or property or which, in Landlord’s sole judgment, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Landlord stipulates and agrees that Tenant’s existing Permitted Use of the Premises does not create a nuisance, is legal, and will not increase the cost of insurance coverage. If there shall be any increase in the cost of insurance coverage with respect to the Building which results from Tenant’s acts or conduct of business, provided such acts or conduct of business is not included as a Permitted Use, then Tenant hereby agrees to pay the amount of such increase on demand. Tenant waives any implied warranty of will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb other tenants or Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with in the management of the BuildingBuilding and the Property. Landlord stipulates and agrees that Tenant’s existing Permitted Use, does not interfere with, annoy or disturb other tenants or Landlord in the management of the Building or Property. Tenant may use will maintain the Premises in good order, condition and repair, ordinary wear and tear excepted, and comply with all Common Areas only for their intended purposeslaws, ordinances, orders, codes, rules and regulations of any governmental entity with jurisdiction (“Laws”) pertaining to the use, condition, configuration or occupancy of the Premises. Subject Tenant, within ten (10) days after the receipt thereof, shall provide Landlord with copies of any notices it receives with respect to a violation or alleged violation of any such laws, ordinances, orders, rules and regulations. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time which do not materially interfere with Tenant’s use of the Common Areas Premises, and the terms will cause all of this Leaseits agents, Landlord shall have exclusive control of all Common Areas at all timesemployees, invitees and visitors to do so. “Building Rules” means the All such changes to rules and regulations attached to this Lease as Exhibit “B” as they may will be amended from time to time. In the event of any conflict between the Building Rules reasonable and this Lease, this Lease shall control. Tenant shall be responsible, sent by Landlord to Tenant in writing at its sole cost least thirty (30) days prior to their effective date. The rules and expense, to obtain regulations shall be enforced against all required permits, approvals, zoning change or variance required by tenants of the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyProperty in a non-discriminating fashion.
Appears in 1 contract
Sources: Office Lease Agreement (KBS Growth & Income REIT, Inc.)
Use. (a) a. Tenant shall occupy and covenants with the Landlord not to use the Premises only for any purpose other than general office use for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality conduct of the foregoing, Tenant's business. Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or allow the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or to be used for any other purpose under without the prior written consent of the Landlord. Tenant, at Tenant's expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises, or the conduct of Tenant's business therein, including without limitation the Americans With Disabilities Act, as amended and all applicable zoning ordinances zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or regulationssuits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans With Disabilities Act, as amended, or any other law or regulation applicable to the Premises and/or its occupancy by Tenant. Without limiting the foregoing, Landlord shall be responsible for removing barriers in the common areas of the Building to the extent that Landlord or an appropriate governmental authority determines that such removal is required by the Americans with Disabilities Act, as amended and to the extent that such removal was not caused by any action or inaction of Tenant. Tenant shall not use or permit the Premises or any conduct part thereof to be used in any manner that constitutes waste, nuisance or condition unreasonable disturbances to other tenants of the Building or for any disorderly, unlawful or hazardous purpose and will not store or maintain therein any hazardous, toxic or highly combustible items other than usual and customary office supplies intended for Tenant's use and in such event, only in such amounts as permitted by applicable law. Tenant covenants not to change Tenant's use of the Premises without the prior written approval of Landlord.
b. Tenant shall not put the Premises to any use, the effect of which may endangeruse is reasonably likely to cause cancellation of any insurance covering the Premises or the Building, disturb or otherwise interfere an increase in the premium rates for such insurance. In the event that Tenant performs or commits any act, the effect of which is to raise the premium rates for such insurance, Tenant shall pay Landlord the amount of the additional premium, as Additional Rent payable by Tenant upon demand therefor by Landlord. The Premises shall not be used for any illegal purpose or in violation of any regulation of any governmental body or the regulations or directives of Landlord's insurance carriers, or in any manner which interferes with the quiet enjoyment of any other Building occupant’s normal operations or with the management tenant of the Building. Tenant will not install or operate in the Premises any electrical or other equipment, other than such equipment as is commonly used in modern offices (specifically excluding mainframe computers), without first obtaining the prior written consent of Landlord, who may use all Common Areas only condition such consent upon the payment by Tenant of Additional Rent in compensation for their intended purposes. Subject excess consumption of water, electricity and/or other utilities, excess wiring and other similar requirements, and any changes, replacements or additions to Tenant’s use any base building system, as may be occasioned by the operation of said equipment or machinery.
c. Tenant agrees to maintain the Common Areas Premises, and the terms of this LeaseTenant Improvements and other Alterations (hereinafter defined) therein, Landlord shall have exclusive control of all Common Areas in good order, repair and condition during the Term 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its Tenant's sole cost and expense, and Tenant will, at the expiration or other termination of the Term, surrender and deliver the same and all keys, locks and other fixtures connected therewith (excepting only Tenant's personal property) in good order, repair and condition, as the same shall be at the Commencement Date, except as repaired, rebuilt, restored, altered or added to obtain all required permitspursuant to this Lease, approvals, zoning change and except for ordinary wear and tear. Landlord shall have no obligation to Tenant to make any repairs in or variance required by to the City of Phoenix for Tenant’s Use including, without limitationPremises, the operation of its business Tenant Improvements or any Alterations. Any and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by all damage or on behalf of Tenant injury to the Premises for the conduct of its business(including, but not limited to, the failure Tenant Improvements), the Building or the Land caused by Tenant, or by any employee, agent, contractor, assignee, subtenant, invitee or customer of Tenant shall be promptly reported to obtain Landlord and repaired by Tenant at Tenant's sole cost; provided, however, that Landlord shall have the option of repairing any or such damage, in which case Tenant shall reimburse Landlord for all costs incurred by Landlord in respect thereof as Additional Rent within fifteen (15) days after Tenant receives Landlord's notice of such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertycosts.
Appears in 1 contract
Sources: Deed of Lease (Eurotech LTD)
Use. (a) The Tenant shall use and occupy the Demised Premises for general offices, storage, service and sale of electronic beepers and for no other purpose. Such permitted uses are further subject that they shall be consistent with the Certificate of occupancy to be issued by the Borough of Totowa. Such permitted uses shall not permit or cause any odor, sound, vibration, effluent, pollution or other condition that is either in Landlord's opinion or by law, noxious or offensive. It being a consideration of this Lease that the use of the premises shall be limited to those uses as otherwise hereinbefore specified and Tenant may not use the Premises only premises for manufacturing or for retail sales. The Tenant shall not permit the Use specified stacking of merchandise or materials against the walls so as to create a load or weight factor upon the walls or to tie in Section l aboveTenant's racking systems with such walls, and pursuant to nor shall Tenant permit the Building Rules hanging of equipment from (as defined hereunder). Without limited or otherwise loading) the generality roof or structural members of the foregoing, building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire, casualty or other insurance at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereof, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof, and shall not use or occupy or permit the Demised Premises to be used or occupied in any manner which will violate any present or future laws or regulations of any governmental authority. At no time during this Lease may Tenant store upon the premises hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or by the Federal Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. Landlord consents, subject to Tenant complying with applicable laws, to Tenant's use of the premises on a 7 day a week basis, 24 hours per day. The Lease is subject to Landlord obtaining a Certificate of Occupancy, which Certificate of Occupancy shall not make an exception as to any federal, state or local law, ordinance or regulation including, and not limited to, the Americans With Disabilities Act (42 U.S.C. Section 12101 ET SEQ.) In the event, subsequent to the Commencement date of the Lease, the zoning ordinance of the Borough of Totowa prohibits the use of the Premises for any on-site retail sales. repairs of pagers, and by reason thereof Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may prohibited from continuing to 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for that use, and such revocation of such use is not due to any fault of the conduct Tenant, then, in such event, the Tenant may terminate this Lease by thirty (30) days prior written notice to Landlord, the termination to be no later than the thirtieth (30) day from the date of its business, but the failure of such notice by Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyLandlord.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant agrees to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty general office purposes and agrees not to use nor permit the use of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or any part thereof for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endangerpurpose, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. except that Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of a securities trading and sales business and, in connection therewith, may operate in the Premises as a trading floor and trading support systems for securities trading and sales. Tenant agrees not to do or permit to be done in or about the Premises or the Building, nor to bring or keep or permit to be brought or kept in or about the Premises or the Building, anything which is prohibited by or will in any way conflict with any law, statute or governmental regulation now or hereafter in effect, or which would subject Landlord or Landlord’s agents to any liability, or which is prohibited by the standard form of fire insurance policy, or which will in any way increase the existing rate of (or otherwise affect) fire or any other insurance on the Building or any of its business, but contents (with the failure understanding that use of the Premises as general office space and the conduct of a securities trading and sales business as contemplated by this Lease will not cause any such increase in insurance rates). If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to obtain Landlord, as Additional Rent, upon demand the amount of such increase. Tenant agrees not to do in, on or about the Premises or the Building, or permit to be done in, on or about the Premises, anything which will in any way unreasonably obstruct or all such permits interfere with the rights of other tenants or occupants of the Building, or injure them, or use or allow the Premises to be used for any unlawful purpose or any purpose inconsistent with the use generally acceptable in Comparable Buildings (as defined in Paragraph 29(b)). Tenant agrees not to cause or maintain in, on or about the Premises or the Building, or permit in, on or about the Premises, a nuisance, nor to use, or permit to be used from the Premises, any loudspeaker or other device, system or apparatus which can be heard outside the Premises without the prior written consent of Landlord nor to permit any objectionable odors, bright lights or electrical or radio interference from the Premises which may annoy or interfere with the rights of other tenants of the Building or the public. Tenant agrees not to commit or suffer to be committed any waste in or upon the Premises. The provisions of this Paragraph 8 are for the benefit of Landlord only and approvals shall not affect be construed to be for the validity benefit of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation tenant or warranty that Tenant’s intended Use is permitted under occupant of the City of Phoenix zoning ordinance applicable to the PropertyBuilding.
Appears in 1 contract
Sources: Lease Agreement (JMP Group Inc.)
Use. (a) The Demised Premises shall be used and occupied by Tenant for any office, warehouse or storage use permitted by applicable zoning ordinances so long as such use is in compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Demised Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obligated, as a result of the purpose or manner of said use, to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Demised Premises. Tenant shall occupy the Demised Premises, conduct its business and use the Premises only for the Use specified control its agents, employees, invitees and visitors in Section l abovesuch a way as is lawful and reputable, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall will not permit or create any conduct or condition which may endangernuisance, disturb noise, odor, or otherwise interfere with with, annoy or disturb any other tenant in the Building occupant’s in its normal business operations or with the Landlord in its management of the Building. Tenant may Landlord will not lease space adjacent to the Demised Premises to any tenant whose use all Common Areas only for their intended purposes. Subject could reasonably be expected to result in odors, noise, fumes or any other unreasonable interference with Tenant’s 's use of the Common Areas and Demised Premises or whose use of parking, combined with other tenants, could reasonably be expected to be more than 5 spaces per 1,000 rentable square feet. Tenant's use of the terms of this Lease, Landlord Demised Premises shall have exclusive control of conform to all Common Areas at all times. “Building Rules” means the Landlord's rules and regulations attached relating to this Lease as Exhibit “B” as they may be amended from time to timethe use of the Demised Premises. In Outside storage on the event Demised Premises of any conflict between type of equipment, property or materials owned or used by Tenant or its customers or suppliers shall not be permitted, without Landlord's prior written consent. Landlord acknowledges and agrees that Tenant's employees may park their vehicles overnight or longer at the Building Rules and this Lease, this Lease shall controlProperty in connection with business related travel in the area designated on Exhibit B for such purpose. Tenant shall be responsibleLandlord agrees to install, at its sole cost and Landlord's expense, to obtain all required permits, approvals, zoning change or variance required by six (6) "Visitor Only" signs on six (6) parking stalls near the City front door of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (Demised Premises as defined below) and of any Alterations (as defined below) installed by or depicted on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.Exhibit B.
Appears in 1 contract
Sources: Lease Agreement (Mgi Pharma Inc)
Use. (a) 5.1 The Premises are to be used and occupied by Tenant solely for restaurant, cocktail lounge, nightclub and related necessary administrative offices and for no other use or purpose without the prior written consent of Landlord. Tenant agrees that it has determined to its satisfaction that the Premises can be used for these purposes, and waives any right to terminate this Lease in the event the Premises cannot be used for such purposes during the Lease Term.
5.2 Tenant shall occupy and use not do, bring, or keep anything in or about the Premises only or the Project that will increase the existing rate of insurance on the Project or any part thereof, or any of its contents, or that will cause the cancellation of any insurance covering the Project, or any part thereof, or any of its contents. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days before the date Landlord is obligated pay a premium on the insurance, or within ten (10) days after Landlord delivers to Tenant a statement from Landlord's insurance carrier stating that the rate increase was caused solely by an activity of Tenant on the Premises as permitted in this Lease, whichever date is later, a sum equal to the difference between the original premium and the increased premium.
5.3 Tenant shall not do or permit any of its agents, employees, invitees or visitors to do anything in or about the Premises or the Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project or injure or annoy or disturb them; or use or allow the Premises or the Project to be used for any unlawful or disreputable purpose.
5.4 Tenant shall not commit or suffer to be committed any waste in or upon the Premises or the Project.
5.5 Tenant shall not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises or any part of the Premises visible from the exterior of the Premises any signs, symbols, drapes or other materials without the prior written consent of Landlord.
5.6 Tenant shall use its best efforts to operate its business on the Premises in a manner that will produce the maximum dollar volume of Gross Sales. Tenant shall continuously use and operate the Premises for the Use uses and purposes specified in Section l above4.
1. Tenant shall keep the Premises open for business and cause Tenant's business to be conducted on the Premises during normal operating hours for similar dining establishments in the Portland Central Business District, but in no case less than twelve (12) hours Monday through Friday, and pursuant eight (8) hours Saturday and Sunday, subject to the Building Rules (as defined hereunder). Without limited following:
5.6.1 If the generality of the foregoingPremises are damaged or destroyed or partially taken by condemnation, and this Lease shall remain in full force and effect, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, continue the operation of its business at the Premises to the extent reasonably practical during any period of repair.
5.6.2 If the Premises should be closed and the completion business of Tenant temporarily discontinued because of strikes, walkouts, or similar cause beyond Tenant’s Improvements 's control, Tenant shall be temporarily relieved of its obligation to keep the Premises open for and to conduct business on the Premises during the hours and days specified above; provided that if Tenant's business on the Premises shall be discontinued for a period of sixty (as defined below60) and consecutive days by reason of any Alterations (as defined below) installed such cause beyond Tenant's control, then Landlord may, at its option, terminate this Lease by or written notice to Tenant. Such notice shall be effective on behalf of Tenant receipt thereof by Tenant; all Rent owed up to the Premises for time of effective date of such notice shall be paid by Tenant and this Lease shall terminate as of the conduct effective date of its business, but the failure such notice. The parties agree that lack of Tenant to obtain any or all such permits and approvals shall financial resources is not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that a cause beyond Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property's control.
Appears in 1 contract
Sources: Retail Lease Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Use. (a) Tenant shall occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Use specified in Section l abovepurpose of general office, and pursuant storage uses necessary for Tenant to the Building Rules (as defined hereunder). Without limited the generality of the foregoingconduct Tenant's business, Tenant provided that such uses shall not use the Premises be in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any no other purpose under any and all applicable zoning ordinances or regulationspurpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises 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 conduct nuisance in, on or condition about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may endangerappear unsightly from outside the Premises. No loudspeaker or other device, disturb system or otherwise interfere apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any other Building occupant’s normal operations or with the management of the Building. applicable law for which Tenant may use all Common Areas only for their intended purposes. Subject is obligated to Tenant’s use of the Common Areas and comply under 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. Landlord has provided a copy of said CC&R's to Tenant. The provisions of this Paragraph are for the benefit of Landlord only and shall not be responsible, at its sole cost and expense, construed to obtain all required permits, approvals, zoning change or variance required by be for the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and benefit of any Alterations (as defined below) installed by Tenant or on behalf occupant of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyPremises.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for AS OFFICE and for no other purpose without the Use specified Landlord’s prior written consent. Tenant shall not do, bring or keep anything in Section l aboveor about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located. If the rate of any insurance carried by the Landlord is increased as a result of Tenant’s use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises in compliance and pursuant conformity with all laws relating to the Building Rules (as defined hereunder). Without limited the generality condition, use, or occupancy of the foregoing, Premises by Tenant during the term of this Lease. Tenant shall not use or permit the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas 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 terms use of this Lease, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules Premises and regulations attached to accepts this Lease as Exhibit “B” as they may be amended from time subject thereto and to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall controlall matters disclosed thereby. Tenant shall be responsible, at its sole cost and expense, hereby acknowledges that neither the Landlord not the Landlord’s agent has made any representation or warranty to obtain all required permits, approvals, zoning change or variance required by Tenant as to the City suitability of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertybusiness.
Appears in 1 contract
Sources: Commercial Lease (View Systems Inc)
Use.
5.1. Tenant may assign to the School Board some or all rights and obligations (aexcluding the obligation to pay Rent and the obligations under Section 22.1 below) related to the use and operation of the Building during the Term, and Landlord consents to such assignment. Tenant shall use and occupy the Building for a public school with a student population of not less than 600 only (the “Permitted Use”), in accordance with all applicable Laws or as otherwise permitted by Landlord. Parties to the Lease agree to abide by State and use Federal laws regarding non-discrimination.
5.2. Tenant shall not conduct any activity on or at the Premises only Building that violates any Laws or that adversely affects in a material way the value of the Building as security for the Use specified in Section l aboveBonds, and pursuant Tenant shall not commit or suffer to be committed any waste or any nuisance upon the Building.
5.3. Tenant shall comply with all Laws now and hereafter affecting the Building, including without limitation, all environmental statutes, all regulations, codes, ordinances and the Americans with Disabilities Act (“ADA”). The cost, if any, of such observance and compliance shall be borne by Tenant, and Landlord shall not be liable thereof. Tenant agrees to comply with requirements of the ADA and state and local law applicable to the Building Rules (as defined hereunder). Without limited to accommodate its employees, students, invitees and the generality of the foregoing, Tenant shall not use the Premises public and will be responsible for any on-site retail sales. Tenant waives any implied warranty of Landlord that accommodations or alterations which need to be made to the Premises is suitable for Building to accommodate the Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any employees, students, invitees and all applicable zoning ordinances or regulationsthe public. Tenant shall not permit the release, emission, disposal, dumping or storage of hazardous wastes (as defined in any conduct such Laws) anywhere on, in or condition which from the Building and the provisions of this sentence shall survive the expiration of the Term of this Lease. Tenant to the best of its ability shall keep the Building free of rodents, vermin and other pests, and provide regular exterminator services at its own expense. Landlord shall not be liable for the act of any other person who may endanger, disturb cause damage to or otherwise who may interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use or occupancy of the Common Areas and the terms of this LeaseBuilding.
5.4. Except as otherwise stated herein, 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, to obtain comply with all required permits, approvals, zoning change or variance required by of the City requirements of Phoenix for all Laws that affect Tenant’s Use includinguse and occupancy of the Building.
5.5. Tenant acknowledges that the Building is unique and no market or use exists for the Improvements to be constructed thereon pursuant to the Final Construction Drawings other than as a school.
5.6. This Lease is intended to be a triple net lease defined as Tenant paying all costs of the Building, without limitationincluding maintenance, taxes (if any), insurance and utilities. Tenant agrees that the operation of its business rental payments provided for herein shall be an absolute net return to Landlord free and the completion of Tenant’s Improvements (as defined below) and clear of any Alterations (as defined below) installed by expenses, charges or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyset-offs whatsoever.
Appears in 1 contract
Sources: Building Lease Agreement
Use. (a) Tenant shall occupy and use the Premises only The Tower Compound is being leased for the Use specified in Section l abovepurpose of erecting, installing, operating and maintaining radio and communications towers, transmitting and receiving equipment, antennas, dishes, mounting structures, buildings, and pursuant related equipment, including but not limited to the Building Rules installation of a backup generator powered by natural gas which shall be sufficient to service the equipment at the site for a reasonable amount of time to enable restoration of power in the event of a power outage. In connection with Tenant’s installation of its improvements upon the Property (as defined hereundercollectively, the “Communications Facility”). Without limited the generality of the foregoing, Tenant shall provide to Landlord plans and specifications showing the tower, any buildings or shelters, fencing, and the other improvements to be made to the Premises. Landlord agrees to review and approve (or deny, with reasonable justification for such denial) such plans and specifications within thirty (30) days of Landlord’s receipt of the same. If Landlord denies its approval of Tenant’s plans and specifications, it shall provide Tenant with its reasons for denial and any suggestions of Landlord that would facilitate its approval. If so denied, Tenant shall resubmit the plans and specifications to Landlord upon the same terms as are set forth in the previous sentence. Tenant agrees that it shall not construct any equipment, structures, or buildings of any kind that are not necessary, in Tenant’s reasonable opinion, to the operation and maintenance of the Communications Facility. After the initial installation of the tower, shelters and other communications equipment by Tenant, Tenant may make any improvement, alteration or modification to the Premises as are deemed appropriate by Tenant without the prior consent of Landlord so long as such improvements, alterations or modifications do not substantially alter the physical dimensions of the then existing Tower Compound. Tenant acknowledges that the Property is operated as public park and agrees to minimize its impact on the surrounding areas of the park, provided that Landlord acknowledges Tenant’s right to use the Tower Compound and the equipment thereon for the transmission and reception of radio frequencies licensed to Tenant’s customers.
(b) Tenant shall have the exclusive right to install upon the Tower Compound communications towers, buildings, equipment, antennas, dishes, fencing, and other accessories related thereto, and to alter, supplement, and/or modify same as may be necessary, so long as such modifications do not substantially alter the physical dimensions of the Tower Compound. If such modifications will substantially alter the physical dimensions of the Tower Compound, Tenant shall submit plans and specifications to Landlord for its review and approval, with such review and approval upon the same terms and conditions of Landlord’s review of the initial plans and specifications described in Section 5(a) above.
(c) Landlord grants Tenant the right to clear all trees, undergrowth, or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which are on the Premises and may interfere with or fall upon the Communications Facility or Premises. If any other trees outside the Premises may interfere with or fall upon the Communications Facility, Tenant shall notify Landlord in writing. Landlord may cut or trim such trees as necessary in Landlord’s sole discretion, and Tenant shall pay for the cost of such service, provided however that Landlord shall cut or trim trees or remove any onother obstructions that materially and adversely affects the intended use of the Tower Compound and access route thereto by Tenant or its customers.
(d) Upon commencement of this Lease, Landlord grants Tenant a non-site retail salesexclusive easement in, over, across and through other real property owned by Landlord and abutting the Premises, as reasonably required for construction, installation, maintenance, and operation of the Communication Facilities. If Tenant requires the use of portions of Landlord’s property outside of the Premises, Landlord shall have the sole discretion to determine the dimensions and location of such easement areas and Tenant agrees to minimize any impact to the public park located upon the Property.
(e) Tenant shall be entitled to sublease and/or sublicense the Premises, including any communications tower located thereon. At all times during the term of this Lease, Tenant, and its guests, agents, customers, lessees, and assigns shall have the unrestricted, exclusive right to use, and shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. In connection with any sublease of the Premises by Tenant to its customer(s), Landlord shall be entitled to co-location fees in the amount two hundred fifty dollars ($250.00) per month, per subtenant, commencing with the 3rd subtenant to install its equipment within the Tower Compound. Tenant waives shall have the exclusive right to sublease or grant licenses to use the radio tower or any implied warranty structure or equipment on the Tower Compound, but no such sublease or license shall relieve or release Tenant from its obligations under this Lease. Tenant shall certify to Landlord the number of subtenants using the Communications Facility along with each monthly payment to Landlord of any fees associated with subtenants, as provided in this Section 5(e).
(f) If at any time during the term of this Lease, the Federal Aviation Administration, Federal Communications Commission, or other governmental agency changes its regulations and requirements, or otherwise takes any action, the result of which materially interferes with Tenant’s use the Premises, or any communications tower located thereon, for the purposes originally intended by Tenant , or if technological changes render Tenant’s intended use of the Premises obsolete or impractical, or if Tenant otherwise determines, in its sole and absolute discretion, with or without cause, that the Premises is no longer suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. use and/or purposes, Tenant shall not permit any conduct or condition which may endangerhave the right to terminate this Lease upon written notice to Landlord. If Tenant elects to terminate this Lease pursuant to this Section 5(f), disturb or otherwise interfere with any other Building occupant’s normal operations or with the management Tenant shall pay a termination fee equal to one quarter (1/4) of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use current amount 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required annual rent being paid by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to Landlord at the Premises for the conduct time of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertytermination.
Appears in 1 contract
Sources: Lease Agreement
Use. 9.1 The Store may be used for any lawful retail use including but not limited to the following specific uses: the retail sale of sporting goods, sports apparel and active wear (aincluding without limitation athletic footwear and athletic uniforms of all kinds) and, such other merchandise as may be sold from time to time in Tenant's similarly merchandised stores. Tenant agrees to comply with all applicable laws and ordinances in its operations at the Premises; not to create hazardous or noxious conditions that would constitute a nuisance or would increase the premiums payable for casualty insurance coverage of the Shopping Center; and not to conduct liquidation, bankruptcy or sidewalk sales at the Premises without Landlord's consent. Tenant shall operate under the trade name "Sportmart", and neither Tenant nor any person, firm or entity affiliated with Tenant shall open, operate or acquire any financial interest in any store under that name or any other similar store selling similar merchandise within a three (3) mile radius of the Store. Tenant shall, continuously and uninterruptedly during the Term, during usual business hours and on such days as comparable businesses in the Shopping Center and elsewhere in the area are open for business, occupy and use the Premises only entire Store for the Use specified purposes stated herein.
9.2 Landlord warrants to Tenant that Tenant, while operating a store for the above use(s), will not be in Section l aboveviolation of (a) any exclusives or other agreements which Landlord may have with other occupants, and pursuant lessees, lenders, governmental authorities or any others, or (b) restrictions imposed by any governmental authority or body. Landlord shall hold Tenant harmless from any claims to the Building Rules (as defined hereunder). Without limited contrary including loss suffered by reason thereof.
9.3 Landlord agrees that Landlord shall not suffer any Leasable Floor Area within the generality Shopping Center to be used for the sale of sporting goods, sports apparel and/or athletic footwear, provided, however, that Landlord shall be permitted to lease other premises in the Shopping Center to retailers whose use of the foregoingpremises includes the "Incidental Sale" of such merchandise. "Incidental Sale" of such merchandise is defined as the sale or display of not more than (a) 1000 square feet of retail display space in another tenant's premises, or (b) twenty-five percent (25%) of the total square footage of another tenant's premises, whichever is less, used for the display of such merchandise. Landlord will fully cooperate with Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under in any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with of Tenant's efforts to enforce the management of the Building. Tenant may exclusive use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms provisions 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Sources: Lease Agreement (Sportmart Inc)
Use. 5.1 The Premises may be used only for general office purposes and any other use reasonably related to Tenant’s business operations (a) Tenant shall occupy the “Permitted Use”), and for no other use without Landlord’s prior written consent, provided, however, that any use involving the use of or resulting in the creation of chemicals, biohazards, medical waste, hazardous wastes, large or heavy equipment of a type not normally found within the general office environment or other uses that could have a material adverse impact upon the Building or the Premises only for shall require the Use specified in Section l aboveprior written consent of Landlord, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant which shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose be unreasonably withheld, conditioned or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsdelayed. Tenant shall never make any use of the Premises which is in violation of any governmental laws, rules or regulations, whether now existing or hereafter enacted or which is in violation of the general rules and regulations as may be reasonably modified from time to time so long as Tenant’s rights hereunder are not permit detrimentally affected thereby (a copy of the rules are attached as Exhibit B and incorporated herein by this reference) (the “Rules and Regulations”), nor may Tenant make any conduct or condition which may endangeruse of the Premises not permitted, disturb or otherwise interfere with prohibited, by any other Building occupant’s normal operations or with restrictive covenants applying to the management Premises that are of record prior to the BuildingEffective Date unless otherwise agreed to in writing by Landlord and Tenant. Tenant may not make any 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 that is or may be amended from time a nuisance or trespass, which increases any insurance premiums (unless Tenant is willing to timepay for such increase), or makes such insurance unavailable to Landlord on the Building. In the event of an increase in any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Landlord’s insurance premiums that results from Tenant’s Use includinguse or occupancy of the Premises, without limitationif Tenant does not pay Landlord, on demand, the operation amount of its business and the completion of Tenant’s Improvements (such increase, Landlord may treat such use as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertya default hereunder.
Appears in 1 contract
Sources: Office Lease (Healthways, Inc)
Use. (a) Tenant The Premises shall occupy and use the Premises only be used for the Permitted Use specified in Section l above, and pursuant for no other purpose. Tenant agrees not to use or permit the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty purpose which is illegal, dangerous or which, in Landlord's opinion, creates a nuisance or which would increase the cost of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere insurance coverage with any other Building occupant’s normal operations or with the management of respect to the Building. Tenant may use all Common Areas only for their intended purposes. Subject shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees (collectively, the "Tenant Related Parties") in such a manner as not to Tenant’s use unreasonably interfere with, annoy or disturb other tenants, or in any way unreasonably interfere with Landlord in the management and operation of the Common Areas Building, provided that, while such parties are outside of the Premises, Tenant shall only be required to use good faith efforts to cause its agents, contractors, customers, licensees and invitees to comply with the terms of this Leasesentence. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any written notices it receives with respect to a violation or alleged violation of any Laws. Landlord, within ten (10) days after receipt thereof, shall have exclusive control provide Tenant with copies of all Common Areas at all timesany written notices it receives with respect to a violation or alleged violation of any Laws with regard to the condition of the Premises. “Building Rules” means Tenant will comply with the rules and regulations of the Building attached to this Lease hereto as Exhibit “B” as they may be amended C and such other reasonable rules and regulations adopted and altered by Landlord from time to time. In the event time and of any conflict between the Building Rules and this Lease, this Lease shall controlwhich Tenant has received prior written notice. Tenant will also cause all Tenant Related Parties to comply with the rules and regulations, provided that, while such parties are outside of the Premises, Tenant shall only be responsiblerequired to use good faith efforts to cause its agents, at its sole cost contractors, customers, licensees and expense, invitees to obtain all required permits, approvals, zoning change or variance required by comply with the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business rules and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant regulations. Landlord shall make reasonable efforts to the Premises for the conduct of its business, but the failure of Tenant to obtain any or enforce all such permits rules and approvals shall not affect the validity of this Lease. Tenant understands, agrees regulations in a non-discriminatory and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyuniform manner.
Appears in 1 contract
Sources: Lease (First Capital Income Properties LTD Series Xi)
Use. (a) Tenant shall use and occupy and use the Premises only for the Use specified use set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality Article 1.G of the foregoing, Tenant Basic Lease Provisions and shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and all applicable zoning ordinances absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or regulationsinfringe upon the rights of other tenants or occupants in the Project. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to obtain all required permitsor affecting (i) the condition, approvalsuse or occupancy of the Premises or the Project (excluding structural changes to the Project not related to Tenant's particular use of the Premises), zoning change and (ii) improvements installed or variance required by constructed in the City of Phoenix Premises by-or for Tenant’s Use including, without limitation, the operation of its business and the completion benefit of Tenant’s Improvements . Tenant shall not permit more than six (as defined below6) and people per one thousand
(1, 000) rentable square feet of the Premises to occupy the Premises at any time. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any Alterations (fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the provisions of this Article. Landlord represents that Landlord has taken or shall take the necessary steps to comply with what Landlord reasonably believes are the requirements of the ADA in effect as defined below) installed by or on behalf of Tenant the date of this Lease as it pertains to the Premises for common areas within the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals Project. Operating Costs shall not affect include any cost incurred by Landlord in connection with upgrading the validity Project to comply with the requirements of the ADA that are in effect as of the date of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation including penalties or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable damages incurred due to the Propertysuch noncompliance.
Appears in 1 contract
Sources: Standard Office Lease (Lindows Inc)
Use. (a) Tenant 10.1 Sublessee may use and occupy the Sublet Premises solely for general office purposes. Sublessee shall not use or occupy the Sublet Premises for any unlawful purpose and use will comply with all present and future laws, ordinances, regulations and orders of all governmental units having jurisdiction over the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder)Sublet Premises. Without limited the generality of the foregoing, Tenant Sublessee shall not use the Sublet Premises in any manner incompatible with a first class office building complex. Sublessee acknowledges that it has had a full opportunity to make its own determination that the configuration and nature of the Sublet Premises are suitable for Sublessee's business, and Sublessee is not relying upon any implied-by-law warranty as to the suitability of the Sublet Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant Sublessee's particular business.
10.2 Sublessee shall not permit any conduct or condition permit to be conducted any activity, or place any equipment in or about the Sublet Premises, which may endanger, disturb will in any way increase the rate of fire insurance or otherwise interfere with any other Building occupant’s normal operations or with the management of insurance on the Building. Tenant may use all Common Areas only ; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Sublessee in or about the Sublet Premises, such statement shall be conclusive evidence that such increase in such rate is due to such activity or equipment and, as a result thereof, Sublessee shall be liable for their intended purposes. Subject to Tenant’s use the full amount of such increase and shall reimburse Sublessor and Landlord therefor, and further, if such activity or equipment jeopardizes any insurance coverage, Sublessee shall immediately cause the Common Areas discontinuance of such conduct or shall remove such equipment.
10.3 Sublessee shall not install, use, generate, store or dispose of in or about the Sublet Premises any Hazardous Material without Sublessor's and Landlord's prior written approval of each Hazardous Material and the terms proposed use. Sublessee hereby agrees to indemnify, defend and hold Sublessor harmless from and against any claim, damage or expense arising out of this LeaseSublessee's installation, 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 the event use, generation, storage, or disposal of any conflict between Hazardous Material, regardless of whether Sublessor has approved the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyactivity.
Appears in 1 contract
Use. (a) The Tenant covenants with the Landlord not to use the Leased Premises for any purpose other than general office purposes and other uses and purposes incidental and related to Tenant’s retail business and Landlord agrees that Tenant shall occupy and have the right to use the Leased Premises only for such use throughout the Use specified Lease Term, provided that in Section l aboveno event, will Tenant have the right to open and operate a retail store in the Leased Premises, and such use shall be consistent with the character of the Property and compatible with the other office uses of the Property. For purposes of this Section 6(a), an “Exclusive” shall mean and refer to an exclusive right to operate a specific business use in premises in the Building that is granted by Landlord to a tenant or lessee or licensee in the Building as to which Landlord has provided Tenant written notice, and a “Subsequent Exclusive” shall mean and refer to an Exclusive that is granted by Landlord after the date of this Lease as to which Landlord provides written notice to Tenant. Landlord hereby represents and warrants to Tenant that there are no existing Exclusives that have been granted by Landlord. Tenant agrees that if Landlord grants a Subsequent Exclusive and provides written notice thereof to Tenant, no assignee or subtenant of Tenant pursuant to a transaction entered into by Tenant subsequent to the Building Rules date of Landlord’s notice of the grant of the Subsequent Exclusive may use the Leased Premises in violation of the Subsequent Exclusive. Tenant further agrees that, if Landlord grants a Subsequent Exclusive (other than an Exclusive relating to or competing with Tenant’s retail business) and such tenant is not a retail company (i.e., a company that is primarily known to be in a retail business [e.g., ▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇, Gap, etc.]) (hereinafter, a “Non-Competing Exclusive”), then Tenant and any Permitted Transferee (as defined hereunder)in Section 7(g) herein) agree not to use the Leased Premises in violation of such Non-Competing Exclusive from and after the date of Landlord’s notice of such Non-Competing Exclusive. Without limited In other words, no subtenant or assignee of Tenant may use the generality Leased Premises in violation of any Subsequent Exclusive as to which Landlord has provided written notice to Tenant prior to the date of the assignment or sublease in question but any Non-Competing Exclusive will be applicable to Tenant’s assignees and/or sublessees and to Tenant and any Permitted Transferee from and after the date of Landlord’s notice to Tenant of such Non-Competing Exclusive. In connection with the foregoing, during the Term and any extensions thereof, so long as Tenant shall is in the children’s clothing business, Landlord agrees not use the Premises for to lease any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management premises located on Floor 1 of the Building. Tenant may use all Common Areas only for their intended purposes. Subject Building to Tenanta children’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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.clothing store;
Appears in 1 contract
Sources: Lease Agreement (Carters Inc)
Use. (a) Tenant shall occupy alliances and agrees not to use or allow such awards to be used for illegal purposes, or to use, allow or subdue the Premises only same to be used by any other person or person in any noisy, dangerous, offensive, illegal or improper manner. The tenant should not make or allow any disturbing noise or make or allow any act that creates a public or private disorder or which will interfere unreasonably with the rights, quiet enjoyment, comfort, or convenience of other tenants or lords of the earth. Lieutenantvolume of any radio, television or stereo in the premises sufficiently reduced at all times so as not to disturb other tenants in the building. Moreover, the tenant will be cognitive of the construction of the structure and will stretch from dances or similar within premises. 13. the tenant, at the end of this lease, will yield the prizes and all the equipment and equipment of the landlord in it in good, clean and operating conditions, our ordinary and accepted tear. the tenant must, at the time of vacating the premises, clean local sayings including stove and refrigerator and remove the basket from premises. a “Move-out/Cleaning tips Checklist” will be provided to tenant within 30 days of the written notice-list or not less than two weeks before the termination of this contract. if such cleaning and removal of waste as indicated by “Move-out Checklist” is not carried out by tenant, a standard cleaning fee will be assessed at tenant of $175.00 14. holdings with the right. pollution further alliances and agrees as follows: to comply with sections 800, 802 and 803 or any other section of the columbia housing regulations district as amended, or successors to it; to maintain clean and sanitary premises as required by law; to dispose of all waste, waste and other organic or flammable waste from the premises in a clean, safe and sanitary way; to maintain all hydraulic devices properly allow to use gas as clean conditions and theand heating and appliances; and not to allow any person on premises to destroy, dispose, damage or remove any part of the structure or housing units or structures, equipment, or appurtenances thereto, or himself do anything like that. Any quotation directed at Inquilino by the District of Columbia government for the Use specified in Section l aboveviolations of health regulations, fire or home is considered a first-faith proof of Tenant's violation of such provisions. Toilets, waste disposal, and pursuant to the Building Rules other cleaning and hygiene equipment should not be used for purposes other than those for which they are designed. No garbage, matches, rags, ashes, diapers (as defined hereunderincluding "disposable" diapers), or other improper items will be thrown there. Without limited the generality The cost of the foregoing, Tenant shall not use the Premises for repairing any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s damage resulting from improper 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 same must be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required borne by the City of Phoenix for Tenant’s Use includingtenant. 15. OTHERS AND DECLARATION The tenant does not change, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant nor changes to the Premises for Prizes or decorates or paints the conduct Awards, structure, equipment or appliances without Landlord's prior written consent. All these changes, i.e. any wall-mounted element, door and/or floor must become property of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this LeaseLandlord unless expressly accepted in writing otherwise. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property16.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall occupy and use the Premises only for the Permitted Use specified (as set forth in Section l abovethe Basic Lease Information) and shall comply with all Laws applicable to the use, condition, access to, and pursuant to the Building Rules (as defined hereunder). Without limited the generality occupancy of the foregoingPremises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to any use that would damage the Premises. Subject to Landlord’s after-hours security procedures (which do not prohibit access), repair situations, and subject to events beyond Landlord’s reasonable control, Tenant shall not use have the right to access the Building (including the Garage) and the Premises for any onon a 24-site retail saleshour, 7-day a week basis. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to shall obtain and keep in effect during the Term, all required permits, approvalslicenses, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of other authorizations necessary to permit Tenant to use and occupy the Premises for the conduct Permitted Use in accordance with applicable Law. Landlord shall not be obligated to provide Building conditions (including Building systems) designed and configured to accommodate a population density within the Premises as a whole in excess of its businessone (1) person for each 200 rentable square feet in the Premises (the “Building Density Standard”). Tenant may have a population density in excess of the Building Density Standard so long as (a) such density complies with all applicable Laws and (b) provided that if any increase in density beyond the Building Density Standard results in a service failure or deficiency, but Landlord shall have no obligation to remedy any service failure or deficiency due to Landlord’s inability to provide the failure services required in this Lease at the level set forth herein as a result of Tenant to obtain any or all exceeding such permits Building Density Standard and approvals in such event, Landlord shall not affect be in default under this Lease for such service failure or deficiency. Notwithstanding anything in this Lease to the validity contrary, and after the Commencement Date, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state Laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such Laws, as amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by Tenant’s specific use of the Premises (if different than general office use) or as a result of any Alterations made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable and not customary for general office use due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity or place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and such increase shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease. In no event shall Tenant understandsintroduce or permit to be kept on the Premises or brought into the Building any dangerous, agrees noxious, radioactive or explosive substance. Tenant shall not use or operate the Premises in any manner that will cause the Building or any part thereof not to conform with Landlord’s Sustainability Practices or certification of the Building in accordance with Green Building Certification. In locations where the Building is subject to penalties as a result of a greenhouse gas (GHG) emissions limit, if the Building is found in violation of the limit, Landlord may reasonably determine the portion of the penalties that are attributable to Tenant and acknowledges hold Tenant accountable for their portion of the penalty that neither has been levied on the Building. Landlord nor its Agents shall have made any representation or warranty that the burden to demonstrate to Tenant, the portion of the penalty attributable to Tenant. The portion may be determined using the collection of data from submeters to determine Tenant’s intended Use is permitted under actual energy consumption and emissions, calculations based on the City floor area of Phoenix zoning ordinance applicable to tenants’ respective leased spaces, number and frequency of occupants and/or visitors in a leased space, and/or operating hours within the PropertyBuilding, a combination of both submetering and calculations, or other methods.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy and use the Premises only be used for the Permitted Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder)for no other purpose. Without limited the generality of the foregoing, Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant agrees not to use or permit the use of the Premises for any on-site retail salespurpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant waives any implied warranty will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to interfere with or disturb other tenants or Landlord in the management of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsProject. Tenant shall not permit any conduct objectionable or condition which may endangerunpleasant odors, disturb smoke, dust, gas, noise, or otherwise interfere with vibrations to emanate from the Premises, or take any other Building occupant’s normal operations action that would constitute a nuisance or with the management would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the BuildingProject. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Landlord agrees to permit Tenant may use all Common Areas only for their intended purposesto store certain lab equipment such as cylinders or nitrogen tanks outside in areas adjacent to the Premises as reasonably designated by Landlord without any additional rent. 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 right to this Lease as Exhibit “B” as they may be amended from time require Tenant to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleinstall, at its sole cost and expense, protection or screening around such equipment as Landlord may reasonably deem necessary or advisable. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to obtain the use, condition, configuration or occupancy of the Premises. Tenant shall not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except as set forth in Section 30 below and for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all required permitsapplicable law. Tenant, approvalsat its expense, zoning change or variance required will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by the City of Phoenix for Tenant’s Use including, without limitation, the operation Landlord from time-to-time and will cause all of its business agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. In the event of a conflict between the rules and regulations and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity terms of this Lease, the terms of this Lease shall control. Landlord shall not enforce the rules and regulations against Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyin a discriminatory manner.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Use specified in Section l abovepurpose of general office, and pursuant storage uses necessary for Tenant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for conduct Tenant’s intended commercial purpose or Tenant’s permitted Use or business, provided that such uses shall be in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for any no other purpose under any and all applicable zoning ordinances or regulationspurpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises 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 conduct nuisance in, on or condition about the Premises. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may endangerappear unsightly from outside the Premises. No loudspeaker or other device, disturb system or otherwise interfere apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any other Building occupant’s normal operations or with applicable law for which Multi Tenant/Single Parcel Page 1 of 23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01 Tenant is obligated to comply under the management terms of the Buildingthis Lease. Tenant may use all Common Areas only for their intended purposes. Subject to shall comply with any covenant, condition, or restriction (“CC&R’s”) affecting the Premises which regulates Tenant’s use of the Common Areas and the terms Premises. The provisions of this Lease, Paragraph are for the benefit of Landlord only and shall have exclusive control of all Common Areas at all times. “Building Rules” means not be construed to be for the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event benefit of any conflict between Tenant or occupant of the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyPremises.
Appears in 1 contract
Sources: Lease Agreement (Opti Inc)
Use. (a) Premises shall be used for residential purposes only and shall be occupied only by those persons listed in this Agreement. Premises and Property shall be used by Tenant and Tenant shall occupy cause all occupants of the Premises and their guests, invitees, licensees and contractors of Tenant to use the Premises only for the Use specified and Property in Section l aboveaccordance with all federal, state, county, and pursuant municipal laws and ordinances. A “guest” shall be defined as anyone who visits the Property for no longer than fourteen (14) consecutive days or twenty- eight (28) non-consecutive days in any twelve (12) month period. Any adult that resided in the Property for more than fourteen (14) consecutive days or twenty-eight (28) non-consecutive days in any twelve (12) month period shall be an unauthorized occupant in violation of this paragraph unless such adult undergoes Landlord’s application process and is added to the Building Rules (as defined hereunder)this Lease by mutual agreement. Without limited the generality Tenant agrees that any violation or noncompliance of the foregoingabove resulting in fines, sanctions or penalties being imposed against Landlord or Manager shall be the financial responsibility of and immediately paid by the Tenant to Landlord as Additional Rent. Tenant shall be responsible for ensuring that Tenant, all occupants of the Premises and their respective invitees, licensees, contractors and guests comply with the Rules and Regulations set forth below and not engage in any activity while on Property or in Premises that is unlawful, would endanger the health and safety of others or would otherwise create a nuisance. In the event Tenant or any of the above-named parties are arrested or indicted for any unlawful activity occurring on Property or for a felony occurring off of the Property and said charges are not dismissed within thirty (30) days thereafter, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty be deemed to be in default of this Lease and Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant may, but shall not permit any conduct or condition which may endangerbe obligated to, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject terminate this Lease upon notice to Tenant’s use of . For the Common Areas and the terms purpose 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant an unlawful activity shall be responsibledeemed to be any activity in violation of local, at its sole cost and expense, to obtain all required permits, approvals, zoning change state or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyfederal law.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall occupy have the right to use, in common with others ---------- --- so entitled, all Common Areas associated with the Building and use located in the Premises only for Building or on the Use specified Property including all hallways, elevators, loading docks, freight elevators, access ways, walkways, nonexclusive parking areas, courtyards and landscaped areas. Landlord reserves the right, in Section l aboveits sole and unfettered discretion, to limit, relocate, or diminish the nonexclusive parking areas, provided the Landlord shall maintain a minimum parking ratio of four spaces per 1000 square feet of net rentable area at all times on the Property, and pursuant Tenant shall be entitled to the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, same. Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord general office use, fight assembly and product testing and other reasonable uses incidental and related thereto, provided that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not use, permit nor suffer anything to be done or anything to he brought into or kept in the Premises or on the Property which in Landlord's reasonable judgment occasions discomfort or annoyance to any conduct other tenants or condition occupants of the Building and parking area or which may endanger, disturb tend to impair the reputation or otherwise appearance of the Building or the Property or tend to interfere with any other Building occupant’s normal operations or with the management proper and economic operation of the Building, parking area or the Property by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any governmental body. Tenant may use all Common Areas only for their intended purposes. Subject If, due to Tenant’s 's specific use of the Common Areas and the terms of this LeasePremises, 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change improvements or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant alterations to the Premises for or the conduct Building are necessary to comply with any requirements imposed by law, Tenant shall pay the entire cost of improvements or alterations. Landlord hereby states, that to the best of its businessknowledge, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made without any representation or warranty that Tenant’s intended Use is permitted under that, on the City of Phoenix zoning ordinance applicable to Commencement Date (as hereinafter defined), the PropertyBuilding and the Property will comply with all laws, codes and ordinances then in effect.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, The Tenant shall not use the Premises Property for any on-site retail salespurpose other than the Permitted Use. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. The Tenant shall not permit use the Property for any conduct illegal purpose nor for any purpose or condition which may endangerin a manner that would cause loss, disturb damage, injury, nuisance or otherwise interfere with inconvenience to the Landlord, its other tenants or any other Building occupant’s normal operations owner or with the management occupier of the Buildingneighbouring property. The Tenant may use shall not overload any structural part of the Property nor any machinery or equipment at the Property nor any Service Media at or serving the Property. Compliance with laws The Tenant shall comply with all Common Areas only for their intended purposes. Subject to Tenant’s laws relating to: the Property and the occupation and use of the Common Areas and Property by the terms of this Lease, Landlord shall have exclusive control Tenant; the use or operation of all Common Areas Service Media and machinery and equipment at or serving the Property whether or not used or operated, and shall, where necessary, replace or convert such Service Media within or exclusively serving the Property so that it is capable of lawful use or operation; any works carried out at the Property; and all timesmaterials kept at or disposed of the Property. “Building Rules” means Without prejudice to any obligation on the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any consent or approval under this lease, the Tenant shall carry out all such permits works that are required under any law to be carried out at the Property whether by the owner or the occupier. Within five working days after receipt of any notice or other communication affecting the Property (and approvals whether or not served pursuant to any law) the Tenant shall: send a copy of the relevant document to the Landlord; and take all steps necessary to comply with the notice or other communication and take any other action in connection with it as the Landlord may require. The Tenant shall not affect apply for any planning permission for the validity of this LeaseProperty. The Tenant understands, agrees and acknowledges that neither Landlord nor shall comply with its Agents have made any representation or warranty that Tenant’s intended Use is permitted obligations under the City CDM Regulations, including all requirements in relation to the provision and maintenance of Phoenix zoning ordinance applicable a health and safety file. The Tenant shall maintain the health and safety file for the Property in accordance with the CDM Regulations and shall give it to the Landlord at the end of the term. The Tenant shall supply all information to the Landlord that the Landlord reasonably requires from time to time to comply with the Landlord’s obligations under the CDM Regulations. As soon as the Tenant becomes aware of any defect in the Property, it shall give the Landlord notice of it. The Tenant shall indemnify the Landlord against any liability under the Defective Premises ▇▇▇ ▇▇▇▇ in relation to the Property by reason of any failure of the Tenant to comply with any of the tenant covenants in this lease. The Tenant shall keep the Property equipped with all fire prevention, detection and fighting machinery and equipment and fire alarms which are required under all relevant laws or required by the insurers of the Property or reasonably recommended by them or reasonably required by the Landlord and shall keep that machinery, equipment and alarms properly maintained and available for inspection. Energy performance certificates The Tenant shall: cooperate with the Landlord so far as is reasonably necessary to allow the Landlord to obtain an Energy Performance Certificate and Recommendation Report for the Property including providing the Landlord with copies of any plans or other information held by the Tenant that would assist in obtaining an Energy Performance Certificate; and allow such access to any Energy Assessor appointed by the Landlord as is reasonably necessary to inspect the Property for the purposes of preparing an Energy Performance Certificate and/or Recommendation Report for the Property. The Tenant shall not commission an Energy Performance Certificate for the Property without the Landlord's consent such consent not to be unreasonably withheld. Encroachments, obstructions and acquisition of rights The Tenant shall not grant any right or licence over the Property to a third party. If a third party makes or attempts to make any encroachment over the Property or takes any action by which a right may be acquired over the Property, the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that encroachment or action; and take all steps (including any proceedings) the Landlord reasonably requires to prevent or license the continuation of that encroachment or action. The Tenant shall not obstruct the flow of light or air to the Property nor obstruct any means of access to the Property. The Tenant shall not make any acknowledgement that the flow of light or air to the Property or that the means of access to the Property is enjoyed with the consent of any third party. If any person takes or threatens to take any action to obstruct the flow of light or air to the Property or obstruct the means of access to the Property, the Tenant shall: immediately inform the Landlord and shall give the Landlord notice of that action; and take all steps (including proceedings) the Landlord reasonably requires to prevent or secure the removal of the obstruction. Breach of repair and maintenance obligations The Landlord may enter the Property to inspect its condition and state of repair and may give the Tenant a notice of any breach of any of the tenant covenants in this lease relating to the condition or repair of the Property. If the Tenant has not begun any works needed to remedy that breach within two months following that notice (or if works are required as a matter of emergency, then immediately) or if the Tenant is not carrying out the works with all due speed, then the Landlord may enter the Property and carry out the works needed. The costs incurred by the Landlord in carrying out any works pursuant to this clause (and any professional fees and any VAT in respect of those costs) shall be a debt due from the Tenant to the Landlord and payable on demand. Any action taken by the Landlord pursuant to this clause shall be without prejudice to the Landlord's other rights, including those under clause 38.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall use and occupy and use the Premises only for the Use use specified in Section l aboveParagraph 1, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, and all applicable zoning ordinances or regulations. Tenant shall agrees that it will use the Premises in such a manner so as not permit any conduct or condition which may endanger, disturb or otherwise to interfere with any or infringe the rights of other Building occupant’s normal operations or with the management of Tenants in the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expenseexpense promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to obtain all or affecting the condition, use or occupancy of the Premises or the Building, including structural changes to the extent required permits, approvals, zoning change due to Tenant's use of the Premises in excess of normal office use or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant 's improvements to the Premises in excess of normal office improvements. Tenant acknowledges that it has made its own investigation and determination of the suitability of the Premises for its business operations and the requirements that may be imposed by Applicable Laws in order to conduct of its business, but business at the failure of Tenant Premises and in no event shall Landlord have any responsibility for taking any action to obtain any conditional use permit, provide parking (except as expressly provided herein) or all such permits and approvals take other action to make Tenant's occupancy of the Premises comply with Applicable Laws. Tenant shall not affect do or permit to be done anything which will invalidate or increase the validity cost of any fire and extended coverage insurance policy covering the Building and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters including without limitation thereto, the installation of fire extinguishers or an automatic dry chemical extinguishing system. Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for such policy by reason of Tenant's failure to comply with the provisions of this LeaseParagraph. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property[SEE ADDENDUM SECTION 7.]
Appears in 1 contract
Sources: Office Lease (Acacia Research Corp)
Use. (a) Tenant shall occupy and use the The Premises will be used only for the Permitted Use specified in Section l aboveand for no other uses. The use will be otherwise consistent with any applicable governmental laws, ordinances, statutes, orders, and regulations and any AREA or any supplement to the AREA (approved by Tenant) that has been or will be recorded in any official or public records concerning the Real Property or any portion of it, including, but not limited to, all provisions of the Americans with Disabilities Act [42 USC sections 12183 and 12204] (collectively "Legal Requirements"). The foregoing notwithstanding, Landlord and Tenant acknowledge that where improvements or alterations are initiated after the Commencement Date by one party, that party shall be individually obligated for any alterations or improvements to the Premises and/or Shell Improvements resulting from Legal Requirements caused by the improvements or alterations initiated by that party, whether such alterations or improvements are work to be done by that party pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 or are necessitated by defects in the construction 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Shell Improvements (as defined belowto Landlord's work), the Tenant Improvements (as to Tenant's work) or other improvements installed by that party. Legal requirements imposed subsequent to the completion and government permitting or approval of improvements which are imposed and not the result of either parties' initiation of improvements or alterations shall be the obligation of Landlord with respect to the Shell Improvements and Common Area Improvements, and the obligation of Tenant with respect to the Tenant Improvements. The judgment of any Alterations (as defined below) installed by court of competent jurisdiction, or on behalf the admission of Tenant to or Landlord in any action or proceeding, regardless of whether the Landlord or Tenant is a party, that Tenant or Landlord, as the case may be, has violated any Legal Requirement in the condition, use, or occupancy of the Premises for or the conduct Shell Improvements, will be conclusive of its business, but the failure of Tenant to obtain any or all such permits that fact as between Landlord and approvals shall not affect the validity of this LeaseTenant. Tenant understandswill not commit waste, agrees overload the floors or structure of the Premises, subject the Premises or the Project to any use that would cause damage or violate any insurance coverage, permit any unreasonable and acknowledges obnoxious odors, smoke, dust, gas, substances, noise, or vibrations to emanate from the Premises, take any action that neither would constitute a nuisance or would disturb, obstruct, or endanger any other tenants of the Project, take any action that would abrogate any warranties, or use or allow the Premises to be used for any unlawful purpose. Landlord will not be liable to Tenant nor its Agents will this Lease be affected if any parking is impaired by moratorium, initiative, referendum, or regulation (provided that Tenant shall have such rights to any award in condemnation as may be afforded under Section 13). Landlord will not be responsible for noncompliance by any other Tenant or occupant of the Project with any of the AREA or any other terms or provisions of that tenant's or occupant's lease, provided that Landlord has made reasonable efforts (excluding litigation), on ▇▇▇▇▇▇'s written request, to enforce such provisions. Tenant will promptly comply with the reasonable requirements of any representation board of fire insurance underwriters or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyother similar body now or later constituted.
Appears in 1 contract
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l abovegeneral office, administrative, research and development, light assembly, shipping and receiving, and pursuant to other legally permitted uses which have been approved by Landlord and are consistent with all City of Milpitas ordinances and other uses in the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Project and Tenant shall not use or permit the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or to be used for any other purpose under without Landlord's prior written consent. Nothing contained herein shall be deemed to give Tenant any and all applicable zoning ordinances or regulationsexclusive right to such use in the Project. Tenant shall not permit any conduct use or condition which may endanger, disturb occupy the Premises in violation of law or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only certificate of occupancy issued for their intended purposes. Subject to Tenant’s the Premises or Project, and shall, upon written notice from Landlord, discontinue any use of the Common Areas and the terms Premises which is declared by any governmental authority having jurisdiction to be a violation of this Lease, Landlord shall have exclusive control law or 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 the event said certificate of any conflict between the Building Rules and this Lease, this Lease shall controloccupancy. Tenant shall be responsiblecomply with any direction of any governmental authority having jurisdiction which shall, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by reason of the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion nature of Tenant’s Improvements (as defined below) and 's use or occupancy of the Premises, impose any Alterations (as defined below) installed by duty upon Tenant or on behalf of Tenant Landlord with respect to the Premises for or with respect to the conduct of its business, but the failure of use or occupation thereof. Tenant to obtain any or all such permits and approvals shall not affect do or permit to be done anything which will invalidate or increase the validity cost of any fire, extended coverage or any other insurance policy covering the Premises 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 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 LeaseArticle. Tenant understandsshall not do or permit anything to be done in or about the Premises which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Project, agrees and acknowledges that neither Landlord or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor its Agents have made shall Tenant cause, maintain or permit any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.nuisance in,
Appears in 1 contract
Sources: Lease (Xicor Inc)
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant Lessee shall not use or permit the Premises premises to be used for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not than as above stated, nor permit any conduct change in occupancy or condition which may endangerany transfer of this Lease by operation of law or otherwise, disturb nor make any alterations, additions or otherwise interfere with any other Building occupant’s normal operations or with improvements TO THE PREMISES, without the management written consent of the BuildingLessor first obtained. Tenant may use Lessee will not invalidate any policies of insurance now or hereafter in force with respect to said building and will pay all Common Areas only for their intended purposes. Subject to Tenant’s extra insurance premiums if any, required on account of extra risk caused by the Lessee's use of the Common Areas premises. Any construction, remodeling, additions, improvements or fixtures, except movable office furniture and trade fixtures, shall be made or installed by the terms Lessee upon the premises only after the Lessor has given written consent hereto, and shall become the property of the Lessor, and shall remain and be surrendered in good condition with the premises as a part thereof at the termination of this Lease, Landlord by lapse of time or otherwise. If Lessor is required in its sole discretion to make alterations or improvements to the premises as a result of the nature of Lessee's business, whether to comply with the provisions of Paragraph 9 or otherwise, Lessee shall bear the cost thereof. Lessee agrees to pay promptly for any work done or material furnished in or about the premises and not to suffer or permit any lien to attach to the premises and Lessee further agrees to cause any such lien or any claims therefor to be released promptly; provided, however, that in the event lessee contests any such claim, lessee agrees to indemnify and secure Lessor to Lessor's satisfaction. Notice is hereby given that no mechanic's or materialmen's or other liens sought to be taken or vested on the premises or the building of which the premises is a part shall in any manner affect the right, title or interest of the Lessor therein, and that Lessee shall have exclusive control of all Common Areas at all timesno authority from Lessor to permit or create any such lien. “Building Rules” means the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event No Items of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant kind shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change stored or variance required by left for any period of time outside of the City confines of Phoenix for Tenant’s Use including, the leased premises without limitation, the operation prior written consent of its business and Lessor. Lessee shall maintain a constant temperature of no less than 35 degrees Fahrenheit in the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyleased premises.
Appears in 1 contract
Use. (a) Notwithstanding Section 8 of the Original Lease to the contrary, the Company Store Space shall be used by Tenant shall occupy solely as a company store, consistent and use the Premises only compatible with a first-class headquarters office building, for the Use specified in Section l abovesale to Tenant’s current or former employees or individuals specifically authorized by Tenant to purchase products at the Company Store, and pursuant to the Building Rules (as defined hereunder)of pre-packaged food items made or distributed by Tenant or any affiliate of Tenant. Without limited the generality of the foregoing, Tenant The Company Store Space shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or be used for any other purpose under any and all applicable zoning ordinances or regulationspurpose. The Additional Kitchen Space shall be used by Tenant solely as an extension of Tenant’s existing kitchen on the Plaza Level or, with Landlord’s consent, which consent shall not permit any conduct or condition which may endangerbe unreasonably withheld, disturb or otherwise interfere with for any other Building occupantlawful purpose, consistent and compatible with a first-class headquarters office building, and shall not be used for any other purpose. In no event shall Tenant sell or solicit the sale of any item from the Company Store Space to any person or entity other that Tenant’s normal operations current or with former employees or individuals specifically authorized by Tenant to purchase products at the management of the BuildingCompany Store. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and Supplemental Space shall comply with all of the terms applicable provisions of this the Lease, Landlord . Tenant shall have exclusive control not assign or sublease all or any portion of all Common Areas at all times. “Building Rules” means the rules and regulations attached Company Store Space except in connection with assignment of Tenant’s entire leasehold interest pursuant to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be solely responsible, at its sole cost and Tenant’s expense, to obtain for obtaining all required permits, approvals, zoning change or variance licenses (including a business license) and other governmental approvals required by for the City of Phoenix for Tenant’s Use including, without limitation, the opening and operation of its business and the completion of Tenant’s Improvements (as defined below) business in the Company Store Space or Additional Kitchen Space, and of any Alterations (as defined below) installed by Landlord shall have no responsibility therefor, although Landlord shall reasonably cooperate with Tenant in Tenant’s efforts to secure such permits and approvals. Tenant acknowledges that Landlord has made no representations or on behalf warranties regarding the ability of Tenant to use the Premises Company Store Space or Additional Kitchen Space for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is use permitted under the City of Phoenix zoning ordinance applicable to the Propertyhereinabove.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. (a) The Premises shall be used and occupied by Tenant shall occupy solely for general business office use including, but not limited to, Tenant's business as a LONG DISTANCE PROVIDER and all lawful matters thereto. Tenant agrees not to use or permit the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail sales. purpose which is illegal, or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Property.
b) Tenant waives any implied warranty of Landlord represents and warrants that Tenant will keep the Premises free from contamination by Hazardous Materials and that the Premises is suitable for Tenant’s intended commercial purpose and the activities to be conducted thereon will not pose any hazard to human health or Tenant’s permitted Use violate any applicable current federal, state, or for any other purpose under any and all applicable zoning ordinances local laws, ordinances, rules, codes, or regulationsregulations pertaining to Hazardous Materials or industrial hygiene or environmental conditions (collectively referred to herein as "Environmental Laws"). Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expenseexpense shall conform to all existing and any future changes in the Environmental Laws, whether foreseen or unforeseen, and will take all direct and indirect actions required in order to obtain keep its Premises or any activities conducted on the Premises free from any violation of any current or future applicable Environmental Laws. Tenant agrees to indemnify, defend and hold Landlord (and Landlord's partners, affiliates, directors, officers, shareholders, employees, mortgagees, heirs successors and assigns, as applicable) harmless from and against any and all required permitsclaims, approvalslosses, zoning change or variance required by the City of Phoenix for Tenant’s Use damages (including, without limitation, unforeseeable consequential and incidental damages), fines or penalties resulting from the operation of its business and the completion of Tenant’s Improvements (as defined below) and violation of any Alterations (as defined below) installed BS WM -------- -------- Atrium at Clearwater/Prog▇▇▇▇▇▇▇.▇▇▇▇▇. ▇▇cember 5, 1997 Tenant Landlord Environmental Laws applicable to the Building and/or the Premises which have been caused by or on behalf necessitated by the acts of Tenant and/or its agents. All sums paid and costs incurred by Landlord with respect to the Premises for the conduct of its business, but the failure of foregoing matters shall be payable by Tenant to obtain any or all such permits Landlord as additional rent due on demand.
c) Landlord hereby represents and approvals shall not affect warrants to Tenant that to the validity best of Landlord's knowledge as of the date of this Lease, no hazardous material has been leaked, spilled, discharged or incorporated into the Premises or the Building. Landlord shall notify Tenant understandsimmediately if Landlord should discover any hazardous materials or violations of any laws or regulations regarding hazardous materials. Landlord will, agrees and acknowledges that neither Landlord nor its Agents have made any representation at Landlord's sole expense, take all action necessary to remove or warranty that Tenant’s intended Use is permitted under abat▇ ▇▇▇ hazardous materials should they be found on or in the City of Phoenix zoning ordinance applicable to the PropertyPremises.
Appears in 1 contract
Sources: Office Lease Agreement (Progressive Telecommunications Corp)
Use. (a) Tenant shall occupy and may use the Premises only for the Permitted Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and comply with all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 Laws relating to this Lease and/or the use, condition, access to. and occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as Exhibit “B” between Landlord and Tenant, (a) Landlord shall deliver the Premises to Tenant in compliance with all applicable laws, and thereafter Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as they may be amended from time to time. In time (the event "Disabilities Acts") in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Complex, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any conflict between the Building Rules and this Leasealterations or additions, this Lease shall control. Tenant shall be responsibleincluding any initial tenant improvement work, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Except for the Permitted Use. the Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards. or results in an increased rate of insurance on the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 27 hereto). Outside storage is prohibited without Landlord's prior written consent: provided that Tenant may store trucks, other vehicles and trailers in the parking areas located to the Premises for rear of the conduct Building in the area depicted on Exhibit A. If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the rate of insurance on the Building or its businesscontents increases. Tenant shall pay to Landlord the amount of such increase within thirty (30) days of demand by Landlord, but the failure and acceptance of Tenant to obtain any or all such permits and approvals payment shall not affect the validity waive any of this LeaseLandlord’s other rights. Tenant understands, agrees shall conduct its business and acknowledges that neither control each other Tenant Party so as not to create any nuisance. or unreasonably interfere with Landlord nor in its Agents have made any representation or warranty that Tenant’s intended Use is permitted under management of the City of Phoenix zoning ordinance applicable to the PropertyBuilding.
Appears in 1 contract
Use. (a) Tenant shall occupy have the right to use, in common with others so entitled, all Common Areas associated with the Building and located in the Building or on the Property including all hallways, common lavatories, elevators, loading dock, freight elevator, access ways, walkways, courtyards and landscaped areas. Tenant shall have the right in common with others so entitled to use a proportionate share of the Building parking facilities for the parking of automobiles, it being understood and agreed by Tenant however that such parking is on an unreserved and unassigned basis and Landlord does not monitor or supervise use of said parking facilities. Tenant shall use the Premises only premises for the Use specified in Section l abovegeneral offices and other reasonable uses incidental and related thereto, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, provided that Tenant shall not use use, permit nor suffer anything to be done or anything to be brought into or kept in the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that premises or on the Premises is suitable for Tenant’s intended commercial purpose Property which in Landlord's sole judgment occasions discomfort or Tenant’s permitted Use or for annoyance to any other purpose under any tenants or occupants of the Building and all applicable zoning ordinances parking area or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb tend to impair the reputation or otherwise appearance of the Building or the Property or tend to interfere with any other Building occupant’s normal operations or with the management proper and economic operation of the Building, parking area or the Property by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any governmental body. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use covenants that it will move into the premises promptly at the commencement of the Common Areas term hereof and, will continuously use and occupy the terms entire premises, throughout the term hereof, and further covenants and agrees that, except temporarily by reason of casualty, taking or loss of access, if it vacates the premises or fails for a period in excess of thirty (30) consecutive days to conduct its business therein at any time during the term hereof, without the prior written consent of the Landlord, then all rent and escalation payments reserved in this Lease from the date of such breach to the expiration date of this Lease, Landlord lease shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules immediately become due and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required payable by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Use. (a) Tenant shall occupy The Premises may be used for general office purposes and any use the Premises only for the Use specified incidental to or in Section l aboveconnection with such use, and pursuant to for any use permitted by applicable zoning regulations (the Building Rules (as defined hereunder"Permitted Use"). Without limited the generality of the foregoing, Tenant The Premises shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsbe occupied by no more than four (4) persons per 1,000 rentable square feet. Tenant shall never make any use of the Premises which is in violation of any governmental laws, rules or regulations, whether now existing or hereafter enacted or which is in violation of the general rules and regulations for tenants (a copy of the present rules are attached as EXHIBIT B) as may be developed or modified from time to time by Landlord effective as of the date delivered to Tenant or posted on the Premises providing such rules are uniformly applicable to all tenants in the Building (the "Rules and Regulations"), nor may Tenant make any use of the Premises not permit any conduct or condition which may endangerpermitted, disturb or otherwise interfere prohibited, by any restrictive covenants which apply to the Premises which Landlord has provided Tenant with written notice thereof. Tenant may not make any other Building occupant’s normal operations use that is or with the management of may be a nuisance or trespass, which increases any insurance premiums, or makes such insurance unavailable to Landlord on the Building. Tenant may Should Tenant's use all Common Areas only for their intended purposes. Subject to Tenant’s use of conflict with the Common Areas and the terms of this Leasepreceding sentence, Landlord shall have exclusive control notify Tenant in writing specifying such conflict, and within thirty (30) days of all Common Areas at all times. “Building Rules” means the rules Tenant's receipt of such notice, Landlord and regulations attached Tenant shall meet and agree in good faith to this Lease as Exhibit “B” as they may be amended from time to timea resolution of such conflict. In the event of an increase in any conflict between of Landlord's insurance premiums which results from Tenant's use or occupancy of the Building Rules and this LeasePremises, this Lease shall control. if Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion does not pay Landlord within thirty (30) days of Tenant’s Improvements ('s receipt of written notice the amount of such increase, Landlord may treat such use as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertya default hereunder.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy and use the Premises be used only for the Permitted Use specified of the Premises set forth in Section l aboveItem 26 of the Basic Lease Provisions and for any other lawful purpose (a “Future Use”), provided that such Future Use does not conflict with any exclusive use rights granted by Landlord to another tenant at the Project pursuant to a written lease entered into by Landlord and such other tenant following the Effective Date, and pursuant to the Building Rules for reasonable and customary uses ancillary thereto.
(as defined hereunder)b) Outside storage including, without limitation, drop shipments, dock storage, trucks and other vehicles other than storage areas (if any) shown on Exhibit A2, is prohibited without Landlord’s prior written consent. Without limited the generality of the foregoing, Tenant shall not use the Premises for obtain, at Tenant’s sole cost and expense, any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable and all licenses and permits necessary for Tenant’s intended commercial purpose or Tenantcontemplated use of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsinsurance carrier. Tenant shall not permit any conduct objectionable or condition unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which may endangerwould constitute a nuisance or interfere with or disturb other tenants. Tenant shall not receive, disturb store or otherwise interfere with handle any other Building occupant’s normal operations product, material or with the management merchandise which is explosive or highly inflammable.
(c) If any Legal Requirement shall, by reason of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to nature of Tenant’s particular use or occupancy of the Premises (as opposed to laws that generally apply to use of the Common Areas and Premises or Project), impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the terms of this LeasePremises or the Building, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means or (ii) the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Leaseuse, this Lease shall control. alteration or occupancy thereof, Tenant shall be responsiblecomply 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 either the Building or Project, including common areas (excluding the Premises), is determined by applicable governmental agencies to obtain not be in compliance with Legal Requirements applicable to the Building or common areas 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 required permitsalterations and repairs to the Building or Project, approvals, zoning change or variance including common areas (but excluding the Premises) required by such governmental agencies so that the City Building and Project, including common areas (but excluding the Premises) comply with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of Phoenix for Tenant’s Use 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 time, including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant all Legal Requirements that pertain to the Premises for building structure. Notwithstanding the conduct of its businessforegoing sentence, but if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the failure of Tenant to obtain any or all such permits and approvals shall not affect Project after the validity Commencement Date of this Lease. Tenant understands) affecting the Building or the Project (excluding the Premises), agrees and acknowledges that neither which require Landlord nor its Agents have made any representation to make capital expenditures or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable repairs to the PropertyProject (excluding the Premises) (a “New Legal Requirement”), the annual amortized portion of such capital expenditures or repairs shall be included in CAM which shall be reimbursed by the tenants in the Project over its reasonable anticipated useful life as determined by Landlord’s contractor. Subject to applicable New Legal Requirements (including any “grandfather” provisions pertaining thereto), Landlord agrees to maintain the Building and the Project (except the Premises) in compliance with all Legal Requirements.
Appears in 1 contract
Sources: Lease Agreement (Invitae Corp)
Use. Tenant may use the Leased Premises as a Center to be operated and managed solely by the RATC Nest Inc. and in conformance with its 501(c )3 public charity activities. The purpose of The RATC Nest, Inc. shall be organized exclusively for charitable purposes under Section 501(c)(3) of the U.S. Internal Revenue Code providing relief of the poor, the distressed, and the under privileged by creating and maintaining a creative space for accessible art endeavors. The RATC Nest, Inc. will also be open to seniors, families, and community organizations to rent during off-peak hours after receiving the written permission of the Landlord. Before use by the public, Tenant shall prepare and submit to the Landlord for approval, such approval to not be unreasonably withheld, a written operations and safety plan to include, at least the following items:
(a) Tenant shall occupy and use the Premises only for the Use specified in Section l aboveA schedule of operations (days closed, and pursuant to the Building Rules opening times, closing times, special events)
(as defined hereunder). Without limited the generality b) Number of the foregoing, Tenant shall not use the Premises for any adult supervisors on-site retail salesduring operating periods
(c) Rules to be followed by participants, such as drug, alcohol and tobacco use and prohibiting noise that can be heard outside the Leased Premises and by other tenants or the Landlord in other areas of the Entire Premises;
(d) Safety training for adult supervisors to include emergency exit routes, operation of fire extinguishers and location of fire alarm pull switches. This training shall be given to any participant that attends the Tenant’s activities but not visitors touring the facility.
(e) There shall be no combustion of materials by any means, including lit candles or papers, etc. and no use of auxiliary heating units, such as electrical or propane heaters, not supplied by the Landlord. Some of the activities may be restricted by the fact that the RATC is not currently accessible under ADA regulations. It may be possible to make the space accessible, however, Landlord does not accept any obligation to do so. Tenant waives and Landlord may work together to develop funding to renovate the space for accessibility, and any implied warranty of Landlord that permanent renovations to the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant premises shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management become property of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas Landlord 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 subject to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertylease.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant Lessee warrants and represent to Lessor that the leased premises shall occupy be used and use the Premises occupied only for the Use specified purpose as set forth in Section l abovesection 1.06. Lessee shall occupy the leased premises, conduct its business and pursuant to the Building Rules (control its agents, employees, invitees and visitors in such a manner as defined hereunder)is lawful, reputable and will not create a nuisance. Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant Lessee shall not permit any conduct operation which emits any odor or condition matter which may endangerintrudes into other portions of the building, disturb use any apparatus or machine which makes undue noise or causes vibration in any portion of the building or otherwise interfere with with, annoy or disturb any other Building occupant’s lessee in its normal business operations or with the Lessor in its management of the Buildingbuilding. Tenant may use all Common Areas only for their intended purposesLessee shall neither permit any waste on leased premises nor allow the leased premises to be used in any way which would, in the opinion of Lessor, be extra hazardous on account of fire or which would in any way increase or render void the fire insurance on the building. Subject to TenantIf at any time during the term of this Lease the State Board of Insurance or other insurance authority disallows any of Lessor’s sprinkler credits or imposes an additional penalty or surcharge in Lessor’s insurance premiums because of Lessee’s original or subsequent placement or use of storage racks or bins, method of storage or nature of Lessee’s inventory or any other act of Lessee, Lessee agrees to pay as additional rent the Common Areas and increase (between fire walls) in Lessor’s insurance premiums. Notwithstanding the terms of this Leaseforegoing, Landlord Lessee shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules and regulations attached option to terminate this Lease as Exhibit “B” as they may be amended from time if a Certificate of Occupancy pursuant to time. In Article 3.07 is not issued to Lessee and Lessor does not agree to make the event changes necessary to allow Lessee to receive its Certificate of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyOccupancy.
Appears in 1 contract
Sources: Commercial Lease (Mathstar Inc)
Use. (a) Tenant shall use and occupy and use the Premises only for the Use specified use set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality Article 1.G. of the foregoing, Tenant Basic Lease Provisions and shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and all applicable zoning ordinances absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or regulationsinfringe the rights of other tenants in the Project. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to obtain all required permitsor affecting (i) the condition, approvalsuse or occupancy of the Premises or the Project excluding structural changes to the Project not related to Tenant's particular use of the Premises, zoning change and (ii) improvements installed or variance required constructed in the Premises by or for the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion benefit of Tenant’s Improvements (as defined below) and . Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any Alterations fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters. Tenant shall within thirty (as defined below30) installed by days after demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or on behalf of Tenant increased, to the Premises for extent such assessment or increase is attributable to Tenant's failure to comply with the conduct provisions of its business, but this Article after Tenant's receipt of substantiating documentation. Landlord represents that Landlord has taken or shall take the failure necessary steps to comply with what Landlord reasonably believes are the requirements of Tenant ADA in effect as of the date of this Lease as it pertains to obtain any or all such permits and approvals the common areas within the Project. Operating Costs shall not affect include any cost incurred by Landlord in connection with upgrading the validity Project to comply with the requirements of the ADA that are in effect as of the date of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation including penalties or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable damages incurred due to the Propertysuch noncompliance.
Appears in 1 contract
Sources: Credit, Security, Guaranty and Pledge Agreement (Kushner Locke Co)
Use. (a) Tenant shall occupy and agrees to use the Premises only for the Use specified in Section l abovea safe, careful and proper manner, and pursuant to comply, at Tenant's expense, with all Laws applicable to Tenant's use, occupancy or alteration of the Premises and with any Laws that require any alterations to the Building Rules (as defined hereunder). Without limited Premises or the generality portion of the foregoing, Tenant shall not use Building immediately adjacent to the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject due to Tenant’s use of the Common Areas and the terms of this Lease's status under such Laws, 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and ADA. If, due to the completion of Tenant’s Improvements (as defined below) and nature or manner of any Alterations (as defined below) installed use or occupancy of the Premises by Tenant, any improvements or on behalf of Tenant alterations to the Premises for or Building are required to comply with any Laws, or with requirements of Landlord's insurers, then Tenant will pay all costs of the conduct of its businessrequired improvements, but the failure of Tenant to obtain any alterations or all such permits and approvals shall not affect the validity of this Leasechanges in services. Tenant understandswill not keep anything within the Premises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the Premises or other part of the Building. Tenant will pay, agrees as Additional Rent and acknowledges upon demand of Landlord, any such increased premium cost due to Tenant's use or occupation of the Premises. Tenant will not cause, maintain or permit any nuisance or waste in or about the Premises and will keep the Premises free of debris, and anything of a dangerous, noxious, toxic or offensive nature or which could create a fire hazard or undue vibration, heat, noise, fumes, vapors or odors. Tenant will not do or permit anything which interferes with the transmission or reception of microwave, television, radio, telephone or other communication signals from antennae or other facilities in the Building. If any item of equipment, building material or other property brought into the Building by Tenant or on Tenant's request causes a dangerous, noxious, toxic or offensive effect (including an environmental effect) and in Landlord's reasonable opinion such effect will not be permanent but will only be temporary and is able to be eliminated, then Tenant will not be required to remove such item, provided that neither Tenant promptly and diligently causes such effect to be eliminated, pays for all costs of elimination and indemnifies Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyagainst all liabilities arising from such effect.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy be used for general office and executive use the and for no other purposes whatsoever. The Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises be used for any on-site retail sales. Tenant waives illegal purposes; nor in violation of any implied warranty regulation of Landlord that any governmental body; nor in any manner to create any nuisance or trespass; nor in any manner in which would deface or injure the Premises is suitable for Tenant’s intended commercial purpose building; nor in any manner to vitiate the insurance or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsincrease the rate of insurance on the Building. Tenant shall not violate, or permit the violation of, any conduct condition imposed by an insurance policy then issued in respect of the Land, the Building and/or the property therein and shall not do, or condition permit anything to be done, or keep or permit anything to be kept in the Premises which may endangerwould subject Landlord to any liability or responsibility for personal injury or death or property damage, disturb or which would increase any insurance rate in respect of the Land, the Building or the property therein over the rate which would otherwise interfere then be in effect or which would result in insurance companies of good standing refusing to insure the Land, the Building or the property therein in amounts reasonably satisfactory to Landlord. If, by reason of any failure of Tenant to comply with the provisions of this paragraph, the premiums on Landlord's or any other Building occupant’s normal operations tenant's insurance on or with the management in respect of the BuildingLand, the Building and/or property therein shall be higher than they otherwise would be, Landlord may upon written notice to Tenant either terminate this Lease or pay said premium increases on behalf of Tenant, in which event Tenant shall reimburse Landlord, on demand. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, maintain at all times during the term of this Lease public liability insurance in respect of the Premises and the conduct or operation of business therein, naming Landlord as an additional insured, with waiver of subrogation and with limits of not less than $2,000,000 combined single limit for bodily injury or death and property damage, to obtain any number of persons in any one occurrence together with "All Risk" insurance for the full replacement cost of all required permitsof Tenant's personal property on the premises. Unless this Lease is terminated upon damage or destruction, approvalsthe proceeds of such insurance will be used to restore the foregoing. Tenant shall promptly deliver to Landlord and any additional named insured such fully paid for policies or certificates of such policies issued by duly authorized agents of the carriers in question, zoning change at least ten (10) days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional named insured such renewal policy at least thirty (30) days before the expiration of any existing policy All such policies shall be issued by companies satisfactory to Landlord and all such policies shall contain a provision whereby the same cannot be cancelled or variance required by the City modified unless Landlord and any additional named insured are given at least thirty (30) days' prior written notice of Phoenix for Tenant’s Use such cancellation or modification, including, without limitation, any cancellation resulting from the operation non-payment of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertypremiums.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy and use the Premises be used only for the Use specified purposes of Click here to enter text. which use must be made in Section l aboveaccordance with all applicable laws, ordinances, regulations and pursuant to all other governmental requirements, as well as all rules and regulations for the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail salesadopted by Landlord and modified from time to time in Landlord’s discretion. Tenant waives any implied warranty of Landlord covenants that the Premises is suitable it shall at all times have all necessary permits and approvals, if any, for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationssuch use. Tenant shall not permit do or allow anything in the Premises or the Building that could increase Landlord's fire insurance rates or cause any conduct of Landlord's insurance to be adversely affected, or condition that would be considered extra-hazardous by insurance companies. The Premises are not to be used as a residence. Tenant shall not install any window mounted air conditioning units in the Premises; the only air conditioning units that Tenant may install are floor units that exhaust out a window, which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Buildingonly be installed and removed by Landlord. Tenant may use all Common Areas only for their intended purposes. Subject to At Tenant’s use of the Common Areas and the terms of this Leaserequest, Landlord shall have exclusive control store Tenant’s floor units, clearly labeled with ▇▇▇▇▇▇’s name, in the basement 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 the event of any conflict between the Building Rules at no charge to Tenant during the months when air conditioning is not necessary. Tenant acknowledges that neither the Property nor the Premises are furnished with a security system and this Lease, this Lease shall control. Tenant shall be responsible, at its sole own cost and expense, for installing a security system and or other security measures for the protection of the Premises and ▇▇▇▇▇▇’s personal property stored therein. Landlord shall not be held liable for any loss or damage to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use includingpersonal property, without limitation, the operation fixtures or fit-up by reason of its business and the completion failure to provide adequate security or ineffectiveness of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Leasesecurity measures undertaken. Tenant understandsacknowledges that Landlord is not an insurer and ▇▇▇▇▇▇ assumes all risk of loss to its personal property, agrees fixtures and acknowledges fit-up, and further acknowledge that neither Landlord nor its Agents agents have made any representation or warranty, nor has Tenant relied upon any representation or warranty, express or implied, including any warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable merchantability or fitness for any particular purpose relative to the Propertyany security measures recommended or undertaken.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant TENANT shall not permit any guest or invitee to reside in the UNIT
b) TENANT acknowledges that that the UNIT may be occupied by another tenant provided the additional tenant has an executed lease with LANDLORD for the UNIT or is listed in Paragraph 1 of this LEASE.
c) TENANT may not commit any act or allow any activity to occur in the UNIT or on the PROPERTY, which violates or breaks any Federal, State or local laws or ordinances, or any applicable rules or regulations. TENANT may not use or allow the 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 15%, this shall be deemed to be additional rent under the Lease and immediately due and payable by TENANT to LANDLORD. LANDLORD does not provide any insurance coverage for TENANT’s property. Unless caused by the willful or grossly negligent actions of LANDLORD, or LANDLORD’s agent's or employee's, neither LANDLORD nor LANDLORD’s agents and/or employees shall be responsible for any theft, damage, loss or destruction of personal property of TENANT or TENANT's occupants, guests, licensees, invitees or agents due to fire, water, flooding, other casualty, act of God, or any other causes. TENANT IS ENCOURAGED TO INSURE PERSONAL PROPERTY IN AN AMOUNT SUFFICIENT TO COVER THE PROPERTY. TENANT expressly and unequivocally agrees to be liable to LANDLORD and/or LANDLORD’s insurer for damage to the UNIT or the 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 condition which may endanger, disturb or otherwise interfere agents. TENANT agrees to comply in all respects with any other Building occupant’s normal operations applicable policy of insurance so as to not cause an increase in premium or with the management of the Building. Tenant 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 the event of void any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyinsurance policy.
Appears in 1 contract
Sources: Residential Lease Agreement
Use. (a) Tenant shall occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the Use specified in Section l abovepurpose of general office, light manufacturing, research and development, and pursuant storage and other uses necessary for Tenant to the Building Rules (as defined hereunder). Without limited the generality of the foregoingconduct Tenant's business, Tenant provided that such uses shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and be in accordance with all applicable zoning ordinances or regulationsgovernmental laws and ordinances, and for no other purpose. Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any conduct or condition which may endanger, disturb way increase the existing rate of (or otherwise interfere with affect) fire or any other Building occupant’s normal operations insurance covering the Premises or with the management any part thereof, or any of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of the Common Areas and the terms of this Leaseits contents, 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 the event or will cause a cancellation of any conflict between insurance covering the Building Rules and this LeasePremises or any part thereof, this Lease shall controlor any of its contents. Tenant shall not do or permit to be responsibledone anything in, on or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises or neighboring premises 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. No sale by auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of the building, or overload existing electrical or other mechanical systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at its sole cost the Premises without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, to obtain all required permitsdamage, approvalsreasonable attorneys' fees, zoning change or variance required by the City liability arising out of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain comply with any applicable law related to Tenant's use of the Premises. Tenant shall comply with any covenant, condition, or all such permits restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and approvals shall not affect be construed to be for the validity benefit of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation tenant or warranty that Tenant’s intended Use is permitted under occupant of the City of Phoenix zoning ordinance applicable to the PropertyPremises.
Appears in 1 contract
Use. (a) Tenant shall occupy and use covenants that throughout the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not Term it will use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that general, clerical, administrative, and executive offices consistent with a first class office building in the Premises is suitable Raleigh area, including, without limitation, software development, training and sales and for no other purpose.
(b) Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, shall comply with all Legal Requirements and all Insurance Requirements, provided Landlord notifies Tenant of such requirements, solely relating to obtain all required permits, approvals, zoning change or variance required affecting Tenant's particular use of the Premises and provided such requirements are not to alter or correct the build-out or upfit done by the City Landlord or to otherwise comply with Legal Requirements or Insurance Requirements applicable to tenants generally.
(c) If anything is done, omitted to be done, or suffered to be done by Tenant, or kept or suffered by Tenant to be kept in, upon or about the Premises that shall cause the rate of Phoenix fire or other insurance on the Premises or the Building in companies acceptable to Landlord to be increased, Tenant shall pay the entire amount of such increase promptly upon Landlord's demand therefor as Additional Rent or Tenant shall promptly alter its practices so that the rate shall not be so increased. In determining whether increased premiums are a result of something done, omitted or suffered to be done or kept or suffered to be kept in, upon or about the Premises by Tenant, a schedule issued by the organization computing the insurance rate of the Building showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up such rate. Landlord agrees that there shall be no such increase if Tenant uses the Premises in accordance with Paragraph 7(a) above.
(d) Tenant shall not place a load upon any floor that exceeds either the floor load per square foot that such floor was designed to carry or which is allowed by any Legal Requirement. Business machines and mechanical equipment in the Premises shall be placed and maintained by Tenant at Tenant's sole expense, in such manner as shall be sufficient, in Landlord's reasonable judgment to prevent unreasonable or uncustomary vibration, noise, annoyance or inconvenience to Landlord and the other tenants.
(e) Tenant shall not cause or permit any material amounts of any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises, the Building, or the Land in violation of any applicable law by Tenant, Tenant's agents, employees, contractors or invitees. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises, the Building or the Land by Tenant, Tenant's agents, employees, contractors or invitees, or if the Premises, the Building, or the Land become contaminated in any manner for Tenant’s Use which Tenant is legally liable, Tenant shall indemnify and hold harmless the Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the operation Building or the Land, damages due to loss or restriction of its business rentable or usable space, or any damages due to adverse impact on marketing of the space, and any and all sums paid for settlement of claims, reasonable attorneys' fees, consultant and expert fees) arising during or after the completion Term and arising as a result of such contamination by Tenant’s Improvements (as defined below) . This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any Alterations (as defined below) installed cleanup, removal or restoration mandated by a federal, state or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any local agency or all such permits political subdivision and approvals shall not affect the validity expressly survive expiration or termination of this Lease. Without limitation of the foregoing, if Tenant understandscauses or permits the presence of any Hazardous Substance on the Premises, agrees the Building or the Land in violation of any applicable law, and acknowledges that neither Landlord nor such results in contamination, Tenant shall promptly, at its Agents have made sole expense, take any representation or warranty that Tenant’s intended Use is permitted under and all necessary actions to return the City of Phoenix zoning ordinance applicable Premises to the Propertycondition existing prior to the presence of any such Hazardous Substance on the Premises, the Building or the Land. Tenant shall first obtain Landlord's approval for any such remedial action.
Appears in 1 contract
Sources: Lease Agreement (On Technology Corp)
Use. The Leased Premises shall be used and occupied by Tenant (aand its permitted assignees and subtenants) Tenant solely for general office purposes and for other legally permitted uses consistent with the character of first-class office buildings in the Greenway Plaza and Galleria areas in Houston, and for no other purpose. Included within permitted uses of the Leased Premises are the customary and reasonable activities of a bank, savings bank, savings and loan holding company, their successors or affiliates, or any similar financial institution. The Leased Premises shall occupy and use not be used for any purpose which would increase the Premises only rate of fire or liability or other insurance coverage on the Project or its contents, lower the quality or character of the Project, create unreasonable elevator loads, cause odors perceptible outside the Leased Premises, nor for a travel agency, nor, for as long as the existing lease with Dean Witter & Co. continues, for the Use specified retail or discount sale of stoc▇▇ ▇▇ ▇▇▇▇▇ if such activities constitute fifteen percent (15%) or more of the revenue generated by the business activities conducted in Section l above, and pursuant the Leased Premises. Any use of the Leased Premises for other than general office purposes shall be subject to the further limitation that such use may not consume a disproportionate share of standard Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb services or otherwise interfere with standard Building operations. Landlord has no current actual knowledge that the uses made by Tenant of the Leased Premises as of the date hereof violate either the Old Lease (hereinafter defined) or this Lease, provided that Landlord is in no way waiving any other Building occupant’s normal operations or failure of Tenant to comply with the management provisions of this Lease or the BuildingOld Lease. In addition, Tenant may use all Common Areas only a portion of the Leased Premises for their intended purposes. Subject purposes of a health or fitness center, cafeteria, and/or executive dining room provided (a) that such facilities are made available primarily to Tenant’s 's employees and their invitees and not to the public generally, (b) all improvements necessary to such uses are approved by Landlord in its reasonable discretion, provided that Landlord's approval, in its sole discretion, shall be required for the installation and use of the Common Areas all kitchen and related facilities and equipment, are installed by contractors approved by Landlord in accordance with 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion cost of such improvements, including Landlord's review and approval thereof, is paid by Tenant’s Improvements , and (as defined belowc) Tenant's installation and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or use complies in all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance respects with all applicable to the Propertylaws.
Appears in 1 contract
Use. (a) Tenant shall use and occupy and use the Premises only for the Use specified use set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality Article 1.F. of the foregoing, Tenant Basic Lease Provisions and shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and all applicable zoning ordinances absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or regulationsinfringe upon the rights of other tenants or occupants in the Project. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to obtain all required permitsor affecting (i) the condition, approvals, zoning change use or variance required by occupancy of the City of Phoenix for Premises or the Project (excluding structural changes to the Project not related to Tenant’s Use includingparticular use of the Premises), without limitationand (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. Tenant shall not permit occupancy of the Premises that exceeds any governmental regulations or requirements. Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, provided Tenant shall not be required to make any alterations to the operation Premises in connection therewith unless such standards or requirements are imposed due to Tenant’s particular use of its business the Premises, and the completion Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s Improvements (as defined below) and failure to comply with the provisions of this Article. Tenant agrees not to keep any Alterations (as defined below) installed by trash, garbage, waste or other refuse on behalf of Tenant to the Premises except in sanitary containers and agrees to regularly and frequently remove same from the Premises. Tenant shall keep all containers or other equipment used for storage of such materials in a clean and sanitary condition. Tenant shall keep the sewage disposal system free of all obstructions and in good operating condition. If the volume of Tenant’s trash becomes excessive in Landlord’s judgment, Landlord shall have the right to charge Tenant for additional trash disposal services and/or to require that Tenant contract directly for additional trash disposal services at Tenant’s sole cost and expense. Tenant shall, at its own cost, retain a licensed, bonded professional pest and sanitation control service to perform inspections of the Premises not less frequently than once every thirty (30) days for the conduct purpose of its businesseliminating infestation by and controlling the presence of insects, but the failure rodents and vermin and shall promptly cause any corrective or extermination work recommended by such service to be performed. Such work shall be performed pursuant to a written contract, a copy of which shall be delivered to Landlord by Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyupon request.
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Use. (a) The Demised Premises shall be used and occupied by Tenant solely for the purposes of office, assembly and storage of electronic or related items so -------------------- --------------------------------------- long as such use is in compliance with all applicable laws, ordinances, and governmental regulations affecting the Building and Premises. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said use to any requirement of law of any public authority. Landlord shall be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. Tenant shall be responsible for compliance with the Americans with Disabilities Act of 1990 as it applies to the Demised Premises. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Premises. Tenant shall occupy the Demised Premises, conduct its business and use the Premises only for the Use specified in Section l abovecontrol its agents, employees, invitees, and pursuant to the Building Rules (visitors in such a way as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any lawful and all applicable zoning ordinances or regulations. Tenant shall reputable and will not permit or create any conduct or condition which may endangernuisance, disturb noise, odor, or otherwise interfere with with, annoy, or disturb any other Tenant in the Building occupant’s in its normal business operations or with the Landlord in its management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s 's use of the Common Areas and Demised Premises shall conform to all the terms of this Lease, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the Landlord's rules and regulations attached relating to this Lease as Exhibit “B” as they may be amended from time to timethe use of the Premises. In Outside storage on the event Premises of any conflict between the Building Rules and this Leasetype of equipment, this Lease shall control. Tenant shall be responsibleproperty, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by materials owned or used on behalf of Tenant to the Premises for the conduct of by Tenant or its business, but the failure of Tenant to obtain any or all such permits customers and approvals suppliers shall not affect the validity of this Leasebe permitted. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.ACCESS TO DEMISED PREMISES:
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Use. (a) Tenant shall occupy and use the Premises only for the Permitted Use specified in Section l aboveand shall comply with all Laws relating to this Lease and/or the use, condition, access to, and pursuant occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed five persons for each 1,000 rentable square feet in the Premises. Tenant may use the Premises after normal business hours, so long as Tenant is not generally conducting business from the Premises after normal business hours. The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or for the storage of any Hazardous Materials, except in full compliance with all applicable Laws and this Lease. To the extent that Tenant's use directly results in an increase rate of insurance or any insurance expenses for the Building Rules (as defined hereunder)or its contents, then Tenant shall compensate Landlord for such increase. Without limited the generality of the foregoing, Tenant shall not use any substantial portion of the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for a "call center," any other purpose under telemarketing use, or any credit processing use. If, because of (a) Tenant's use, (b) Tenant's build-out, (c) a Tenant Party's acts, or (d) because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand, and all applicable zoning ordinances or regulationsacceptance of such payment shall not waive any of Landlord's other rights. Tenant shall conduct its business and control each other Tenant Party so as not permit to create any conduct nuisance or condition which may endanger, disturb or otherwise unreasonably interfere with any other Building occupant’s normal operations tenants or with the Landlord in its management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyProject.
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Use. (a) During the full term of this Lease the Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail salesgeneral office and warehouse purposes only or other uses required to run Tenants day to day operations, so long as such uses are in compliance with local codes. Any different use by the Tenant waives any implied warranty shall first require the prior written consent of Landlord the Owner, which consent shall not be unreasonably withheld, delayed or conditioned. The Tenant acknowledges and agrees that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any Owner may withhold consent to such different use, and all applicable zoning ordinances or regulations. Tenant such shall not permit be unreasonable, if it would (i) violate any conduct restriction or condition which may endanger, disturb exclusive right granted to another tenant or otherwise interfere with any other Building occupant’s normal operations or with the management occupant of the Building, or entitle another such other tenant or occupant to reduce its rent or terminate its lease, (ii) be in breach of any restrictions applicable to the Building, (iii) involve the storage, use or disposal of any material or substance which is then classified as “hazardous” or “toxic” by any law or regulation, (iv) adversely affect the reputation or image of the Building, as reasonably determined by the Owner, or (v) require the Owner to perform any alterations to the Premises or the Building by reason of any applicable law, code or regulation. Tenant may use all Common Areas only for their intended purposesThe provisions concerning hazardous waste and material set forth in “Appendix I” attached hereto and made a part hereof are hereby made a part of this Lease. Subject to The Tenant’s use of the Common Areas Premises shall be in full compliance with all statutes, ordinances, laws, rules, regulations and restrictive covenants applicable to the terms Premises, and in a manner which shall not result in a nuisance to or unnecessary disturbance of this Lease, Landlord other tenants of Building. The Tenant shall have exclusive control of comply with 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 timeof the National Fire Protection Association, the applicable Fire Rating Bureau and any similar body. In The Tenant shall not maintain any item or do anything in or about the event Premises which would cause the increase of any conflict between the Building Rules and this Lease, this Lease shall controlinsurance rates or make such insurance unobtainable. Tenant shall be responsible, at its sole cost have the right to use and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to occupy the Premises for on a 24/7/365 basis throughout the conduct of its business, but the failure of Tenant to obtain Term and any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyrenewal.
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Use. (a) Tenant The premises shall occupy and use the Premises be used only for the Use specified purpose of receiving, manufacturing, 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; provided however that Tenant agrees that if the City of Plymouth or any other entity notifies Tenant that manufacturing is in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality violation of the foregoingzoning code of the City of Plymouth, Tenant shall not use take such steps as necessary to cause the operation of Tenant's business in the Premises for to comply with said zoning code; and provided further that Tenant further agrees that any on-site retail salessuch notification by the City of Plymouth or other entity shall not work a constructive eviction or entitle Tenant to terminate this Lease and there shall be no reduction in base rent or Operating Costs (as hereinafter defined) as a result of such violation and/or such corrective steps. Outside storage, including without limitation, trucks and other vehicles, garbage containers and outdoor furniture are prohibited without Landlord's prior written consent. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under 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 zoning ordinances to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisance in or regulationsupon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any conduct or condition which may endangerreceive, disturb store or otherwise interfere handle on the Premises 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 on the Building or the Property 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 for the Building is caused by Tenant's use and occupancy of the Premises, then Tenant shall pay to landlord as additional rent the amount of such increase. Notwithstanding Tenant's obligation to comply with laws, Tenant shall have no obligation to remedy any other instances of noncompliance as to the Building occupant’s normal operations shell which Landlord is obligated to repair pursuant to Paragraph 1 above, and in no event shall Tenant have any liability for toxic or hazardous materials except to the extent caused by Tenant, its agents, servants, contractors, licensees or invitees except, as to such invitees Tenant shall only have liability if Tenant knew or reasonably should have known that its invitee was bringing Hazardous Substances (as defined in Paragraph 26) onto the Property. Operating Costs. Upon demand, Tenant shall pay to Landlord, as additional rent during the term hereof, Tenant's proportionate share of Operating Costs, as hereinafter defined, calculated on the basis of the ratio set forth in Paragraph 4E. As used in this lease, the term "Operating Costs" shall mean any and all expenses, costs and disbursements of any kind and nature whatsoever incurred by Landlord in connection with the management ownership, management, maintenance, operation and repair of the Building. Tenant 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 the event of any conflict between Property or the Building Rules and this Lease, this Lease which landlord shall controlpay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred). Tenant Operating Costs shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use includinginclude, without limitation, the operation costs of its business maintenance, repairs, and replacements to the completion Building including roof, walls, downspouts, gutters, painting, and sprinkler systems; the costs of Tenant’s Improvements (maintaining and repairing parking lots, parking structures and easements; property management fees, salaries, fringe benefits and related costs payable to employees of Landlord whose duties are connected with the Property; insurance costs, all heating and air conditioning costs, electricity, sewer and water and other utility costs not separately metered to tenants, landscape maintenance, trash and snow removal, taxes, as defined belowin ▇▇▇▇▇▇▇▇▇ ▇▇, and costs and expenses incurred by Landlord in protesting any assessments, levies or the tax rate, provided, however, that Operating Costs shall not include the following: (i) and costs of alterations of any Alterations tenant's premises; (as defined belowii) installed costs of curing construction defects; (iii) depreciation; (iv) interest and principal payments on mortgages, and other debt costs; (v) real estate brokers' leasing commissions or compensation; (vi) any cost or expenditure (or portion thereof) for which landlord is reimbursed, whether by insurance proceeds or on behalf otherwise; and (vii) cost of any service furnished to any other occupant of the Building which landlord does not provide to Tenant hereunder. Notwithstanding anything contained herein to the Premises contrary, depreciation of any structural repairs or replacements to the Building, or of any capital improvements made after the date of this lease which are intended to reduce Operating Costs or of any capital improvements which are required under any governmental laws, regulations, or ordinances which were not applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement, structural repair or replacement shall be reasonably determined by Landlord. In addition, interest on the undepreciated cost of any such improvement, structural repair or replacement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. Notwithstanding anything to the contrary contained in the Lease, Operating Costs shall, in no event, include the following: Repairs or other work occasioned by fire, windstorm or other casualty except the amount of any "deductible" payable under insurance policies and except glass breakage and/or earthquake damage if not insured against, or by exercise of the right of eminent domain; Leasing commissions, attorney's fees, costs and disbursements and other expenses incurred in connection with negotiations or disputes with tenants, other occupants, or prospective tenants or other occupants; Expenses of renovating or otherwise improving or decorating, painting or redecorating space for tenants or other occupants or vacant space; Landlord's costs of electricity and other services sold to tenants of the building and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant, other than that billed as rent escalation; Depreciation; Costs of a capital nature, including, but not limited to, capital improvements, capital repairs, capital equipment, and capital tools all in accordance with generally accepted accounting principles, except for the conduct yearly amortized portion of its business, said capital costs; Expenses in connection with services or other benefits of a type which are not provided Tenant but which are provided to another tenant or occupant of the failure Building; Costs incurred due to violation by Landlord or any other tenant of Tenant to obtain any or all such permits the terms and approvals shall not affect the validity conditions of this Lease; Overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate; Interest on debt or amortization payments on any mortgage or mortgages, and rental under any ground or underlying leases or lease; or rental or lease payments for parking; Landlord's general corporate overhead and general administrative expenses; Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord; All items and services for which Tenant reimburses Landlord or pays third persons; and Advertising and promotional expenditures. Promptly after the commencement of this lease and during December of each year or as soon thereafter as practicable, Landlord shall give Tenant written notice of its estimate of amounts payable under Paragraph 4A for the ensuing calendar year. On or before the first day of each month thereafter, Tenant shall pay to Landlord as additional rent one/twelfth (1/12th ) of such estimated amounts, provided that if such notice is not given in December, Tenant shall continue to pay on the basis of the prior year's estimate until the first day of the month after the month in which such notice is given. If at any time it appears to Landlord that the amounts payable under Paragraph 4A for the then current calendar year will vary from its estimate by more than five percent (5%). Landlord may, by written notice to Tenant, revise its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate. Within ninety (90) days after the close of each calendar year or as soon thereafter as practicable, Landlord shall deliver to Tenant a summary of the total Operating Costs for the previous calendar year and Tenant's proportionate share thereof. If such summary shows an amount due from Tenant that is less than the estimated payments previously paid by Tenant, it shall be accompanied by a refund of the excess to Tenant. If such summary shows an amount due from Tenant that is more than the estimated payments previously paid by Tenant, Tenant shall pay the deficiency to Landlord, as additional rent, within thirty (30) days after delivery of the summary. Tenant understandsor its representatives shall have the right to examine Landlord's books and records of Operating Costs during normal business hours within sixty (60) days following the furnishing of the summary to Tenant. Unless Tenant takes written exception to any item within ninety (90) days following the furnishing of the summary to Tenant (which item shall be paid in any event), such summary shall be considered as final and accepted by Tenant. If it is determined that Tenant paid Operating Costs in excess of one hundred and five percent (105%) of actual Operating Costs, Landlord shall pay the reasonable costs of Tenant's audit within thirty (30) days after receipt of copies of invoices with proof of payment detailing such costs. If Landlord selects the accrual accounting method rather than the cash accounting method for operating expense purposes, Operating Costs shall be deemed to have been paid when such expenses have accrued. For purposes hereof the Premises total 27,259 square feet. The Building totals 106,070 square feet. Tenant's "proportionate share" of 25.7% is arrived at by dividing 106,070 into 27,259. Landlord agrees to pay before they become delinquent all taxes, installments of special assessments and acknowledges that neither Landlord nor its Agents have made governmental charges of any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable kind and nature whatsoever (herein collectively referred to as "taxes") lawfully due and payable with respect to the Building and the Property. If at any time during the term of this lease, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments or governmental charges levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents for the present or any future building or buildings on the Property, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "taxes" for the purposes hereof. Landlord's Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and any casualty covered by the provisions of Paragraph 12A excepted, all parts of the Building, other than tenants' premises, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or nonstructural, including roof, foundation, walls, downspouts, gutters, sprinkler system; regularly mow any grass, remove weeds and perform general landscape maintenance; and maintain and repair the parking lot and driveway areas. Tenant shall immediately give Landlord written notice of any defect or need for repairs after which Landlord shall have a reasonable opportunity to repair the same or cure such defect. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. Tenant's Responsibilities.
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Use. The Tarob Site shall be used for employee parking and for no other purpose and the Sango Site shall be used for construction laydown, storage and staging and for no other purpose (a) Tenant shall occupy and use the Premises only for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder“Permitted Use”). Without limited the generality of the foregoing, Tenant shall not use any portion of the Premises for any on-site retail sales. Tenant waives any implied warranty purposes other than those specified without first obtaining the written consent of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsLandlord. Tenant shall not permit any conduct or condition which may endangerbefore and during the Term faithfully observe and comply with, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management and shall cause all occupants of the Building. Tenant may use all Common Areas only for their intended purposes. Subject Premises to Tenant’s use of observe and comply with, the Common Areas "Rules 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 Regulations" attached to this Lease hereto as Exhibit “B” as they may be amended , and all reasonable non-discriminatory modifications and additions to them which Landlord may, from time to time, put into effect and furnish to Tenant. In Landlord will try to enforce the event of any conflict between the Building Rules and this LeaseRegulations, this Lease shall controlbut will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or occupant of the Property. Tenant shall be responsiblemaintain and conduct its said business insofar as the same relates to Tenant's use and occupancy of the Premises, at its sole cost in a lawful manner and expensein strict compliance with all governmental laws, to rules, regulations and order. Tenant shall obtain all business licenses, clearances, and permits required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of to operate its business prior to opening, maintain such necessary licenses and permits in force during the completion Term, and shall provide copies of Tenanteach permit or license within 30 days after the Commencement Date and at any time during the Lease Term upon Landlord’s Improvements (as defined below) request. Tenant shall post all notices to the public in an accessible and visible place to the public. Such notices may include, but are not limited to, Health Department clearances, business licenses, or cosmetology or other licensure. Tenant shall promptly notify Landlord of any Alterations (as defined below) installed notice of violation, suspension or revocation of any such license or clearance. Without limiting in any way the restriction in this Lease that the Premises be used only for the Permitted Use specified in this paragraph, in no event shall the Premises be used for any exclusive use granted by Landlord to other tenants of the Property prior to or on behalf of Tenant subsequent to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity date of this Lease. Nothing in this Lease shall be construed to grant Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable an exclusive right to the Propertysuch Permitted Use.
Appears in 1 contract
Sources: Commercial Lease Agreement
Use. (a) Tenant The Licensee shall occupy and use the Premises only Premises: (i) for the Use specified agreed upon purpose described in Section l above3 and for no other purpose; (ii) only in accordance with all applicable laws (including but not limited to the Americans with Disabilities Act, fires codes, food and beverage requirements, liquor laws, and pursuant noise ordinances) and the Hall Association rules and regulations (a copy of which has been provided to the Building Rules Licensee); and (as defined hereunder). Without limited the generality of the foregoingiii) in a manner that does not create damages, Tenant shall not use waste, or a nuisance to the Premises for any on-site retail salesor to the Hall Property, or disturb occupants or cause damage to neighboring premises or properties. Tenant waives any implied warranty of Landlord that The Licensee does not have the Premises is suitable for Tenantright to use Hall Association trademarks, copyrights, or branding without the Hall Association’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationsprior written approval. Tenant shall not permit any conduct or condition Events in which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Buildingminors will be present must have sufficient adult chaperons present. Tenant 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 All minors will be supervised by adults at all times. “Building Rules” means Furnishings and equipment that may have been moved are to be returned to their original location. Food, drink and open flames / candies, are not allowed in the rules and regulations attached to this Lease as Exhibit “B” as they may be amended from time to timeLodge Room by any Non-Masonic groups. In the event ANY EVIDENCE OF THE USE OF OPEN FLAMES OR CANDLES IN THE LODGE ROOM WILL BE GROUNDS FOR FORFEITURE OF ALL DEPOSITS AND GROUNDS FOR NOT RENTING THE FACILITY IN THE FUTURE. Smoking or vaping of any conflict between type is not permitted on the Building Rules Premises. When using the kitchen, all dishes and this Leaseutensils taken from the cabinets must be washed and returned to their proper storage location. The kitchen must be left clean with all garbage, this Lease shall controltrash and recyclables placed in the proper receptacles. Tenant shall The Hall Association Custodian will remove these from the building. Food must not be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required left in the refrigerator beyond the rental period. Licensee must remove their food that is past expiration date. Only persons authorized by the City Hall personnel may operate the dishwasher. There is a $50.00 charge for unauthorized usage of Phoenix for Tenant’s Use including, without limitation, the operation of its business dishwasher. Cleaning the dining room and kitchen floor are performed by the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyCustodian.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) The Premises shall be used only for offices, receiving, storing, light manufacturing and assembling, shipping and selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto, provided that such uses are in compliance with all applicable Laws; however, no retail sales may be made from the Premises. Outside storage is prohibited. Tenant shall occupy be solely responsible for complying with all Laws applicable to the use, occupancy, and use condition of the Premises; provided, however, that Landlord shall deliver the Premises only for the Use specified to Tenant in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises a condition which is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and in compliance with all applicable zoning ordinances or regulationsLaws. Tenant shall not permit any conduct objectionable or condition which may endangerunpleasant odors, disturb smoke, dust, gas, light, noise or otherwise interfere with vibrations to emanate from the Premises; nor take any other Building occupant’s normal operations action that would constitute a nuisance or with would disturb, unreasonably interfere with, or endanger Landlord or any other person; nor permit the management 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 the disallowance of the Buildingany sprinkler credits. Tenant may use all Common Areas only for their intended purposes. Subject shall pay to Landlord on demand any increase in the cost of any insurance on the Premises incurred by Landlord, which is caused by Tenant’s use of the Common Areas Premises or because Tenant vacates the Premises.
(b) Tenant and its employees and invitees shall have the terms non-exclusive right to use, in common with others, the parking areas associated with the Premises which Landlord has designated for such use, subject to (1) such reasonable rules and regulations as Landlord may promulgate from time to time and (2) rights of this Leaseingress and egress of other tenants and their employees, agents and invitees. Tenant shall have the right to use unreserved, surface parking spaces at a ratio of four (4) spaces per 1,000 square feet of the Premises in common with other tenants of the Project. Upon receipt of notice from Tenant that the foregoing number of parking spaces are not available for Tenant’s use, Landlord shall take such steps as are necessary to provide Tenant with use of number of parking spaces to which Tenant is entitled.
(c) Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules right to establish and regulations attached to this Lease as Exhibit “B” as they may be amended amend from time to time. In , rules and regulations governing all tenants’ uses and occupancy of the Building (provided the same are reasonable, non-discriminatory and uniformly enforced), and provided further that in the event of any a conflict between the Building Rules those rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Use. (a) Tenant The premises shall occupy and use the Premises be used only for the Use specified in Section l abovepurpose of receiving, storing, assembling, preparing for sale, shipping and pursuant selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. Outside storage, including without limitation, trucks and other vehicles and the washing thereof at any time, is prohibited without Landlord's prior written consent, provided that the overnight parking of tractor trailers perpendicular to the Building Rules (as defined hereunder)and abutting Tenant's loading docks is permitted. Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under 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 zoning ordinances 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 regulationsupon, or connected with, the premises, all at Tenant's sole expense. Tenant shall not permit any conduct objectionable or condition unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other actior. which may endanger, would constitute a nuisance or would disturb or otherwise 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 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 Building occupant’s normal operations or with insurance authority to disallow any sprinkler credits. If any increase in the management 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. premises, or if Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of vacates the Common Areas premises and the terms of this Leasecauses an increase in such premiums, 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. then Tenant shall be responsible, at its sole cost and expense, pay as additional rental the amount of such increase to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyLandlord.
Appears in 1 contract
Use. (a) Tenant shall will occupy and use the Premises only for the Use specified continuously and in Section l above, its entirety and pursuant to the Building Rules (as defined hereunder). Without limited the generality will not use or permit any portion of the foregoing, Premises to be used for any purpose other than for general office space and related administrative activities consistent with the Permitted Use. Tenant shall agrees not to use the Premises for any on-site retail salespurpose which is unlawful, disreputable, dangerous to life, limb or property, or which adversely affects Landlord’s leasing of the Building, or which, in Landlord’s sole judgment, creates a nuisance, or increases the risk of casualty or the rate of fire or casualty insurance covering the Building or its contents. In the event that any act of Tenant results in any increase in the cost of insurance covering the Building or its contents, Tenant agrees to pay to Landlord the amount of such increased cost as Additional Rent. Tenant waives will conduct Tenant’s business and will control Tenant’s agents, servants, employees, customers, licensees, and invitees in such a manner as not to create any implied warranty nuisance or interfere with, annoy, or disturb the Landlord or other tenants in the management and operation of the Building and the Property. Tenant will maintain the Premises in a clean and healthful condition, free of vermin, insects and pests at all times, and will not cause or permit objectionable odors of an unusual or objectionable nature, to emanate from the Premises at any time. Tenant agrees to provide to Landlord once every calendar year during the Lease Term a certificate from a reputable pest control company that it is acceptable to Landlord that the Premises are free of vermin, insects and other pests, which is suitable for in form and substance reasonably satisfactory to Landlord. Tenant will remove all trash, food debris, and other refuse from the Premises on a daily basis. Tenant, at Tenant’s intended commercial purpose or expense, shall comply and cause Tenant’s permitted Use or for any other purpose under any agents, employees, licensees, and invitees to fully comply with: (i) the Building Regulations which are attached to this Lease as Exhibit D hereto; (ii) all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject laws pertaining to Tenant’s use of the Common Areas Premises; (iii) all other legal requirements, including all applicable laws pertaining to air and the terms of this Leasewater quality, Landlord shall have exclusive control of hazardous materials, waste and disposal, all Common Areas at emissions, and other environmental matters; and (iv) all times. “Building Rules” means the rules zoning and regulations attached to this Lease as Exhibit “B” as they may be amended from time to time. In the event land use matters and any directive of any conflict between governmental authority, pursuant to law, which shall impose any duty upon Landlord or Tenant with respect to the Building Rules and this Leaseuse or occupancy of the Premises, this Lease shall control. to include, without limitation, the obligation of Tenant shall be responsibleto obtain, at its sole cost and expense, all permits or other government consents from any county, state or federal agency which are required in order for it to obtain all required permitsperform the Permitted Use on the Premises, approvalsTenant shall otherwise comply with such other rules and regulations for the Building adopted and altered by Landlord from time‑to-time. All such changes to the Building’s Regulations, zoning change i.e., Exhibit D hereto, will be reasonable and shall be sent by Landlord to Tenant in writing. Nothing contained in this Lease will be deemed or variance required by construed in any manner as creating a partnership or joint venture between Landlord and Tenant with regard to conducting the City Permitted Use on the Premises or between Landlord and any other party with regard thereto, or cause the Landlord to be liable or responsible in any way for the actions, inactions, liabilities, debts or obligations of Phoenix for Tenant or Tenant’s Use includingagents, without limitationemployees, invitees, permitted subtenants, licensees or concessionaires. In addition to the foregoing, Tenant specifically covenants and agrees that its use of the Premises and Common Areas shall be subject to and in full compliance with the Declaration of Protective Covenants of Quail Springs Office Park, and any current or subsequent amendments thereto, including the Declaration of Protective Covenants dated as of July 27, 1983, and recorded in Book 4997 at Page 999, in the Office of the County Clerk of Oklahoma County, State of Oklahoma (“Oklahoma County Clerk”), as amended by that certain Amendment to Declaration of Protective Covenants dated as of September 20, 1984, and recorded with the Oklahoma County Clerk in Book 5230 at page 44, as further amended by that certain Second Amendment to Declaration of Protective Covenants dated as of March 17, 1998, and recorded with the Oklahoma County Clerk in Book 7269 at Page 735, as further amended by that certain Third Amendment to Declaration of Protective Covenants dated as of September 30, 2005, and recorded with the Oklahoma County Clerk in Book 9875 at Page 560, and as further amended by that certain Fourth Amendment to Declaration of Protective Covenants dated as of March 13, 2009, and recorded with the Oklahoma County Clerk in Book 11165 at Page 412 (collectively, the operation “Declaration”), all of its business which subject the Building and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant Property to the Premises for terms, conditions, restrictions, and provisions therein contained, and as said Declaration is amended from time-to-time. It is expressly understood and agreed that the conduct terms of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect Declaration may vary from the validity terms of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Sources: Office Lease Agreement (Mammoth Energy Services, Inc.)
Use. (a) Tenant Lessee shall occupy and use the Premises only premises for the Use specified purpose of operating a bank and incidental uses related thereto.
5.01 Lessee shall not do, bring, or keep anything in Section l aboveor about the premises that will cause a cancellation of any insurance covering the premises. Lessee shall not bring to, use, store or dispose of any toxic, hazardous or undesirable material or chemical in, on or about the premises, including but not limited to, oil, solvents, or other material which would violate any current or future environmental protection agency or any other state, federal or local environmental or health agency rules or regulations.
5.02 Lessee shall comply with all laws and pursuant to ordinances concerning the Building Rules (as defined hereunder). Without limited the generality premises or Lessee's use of the foregoing, Tenant premises.
5.03 Lessee shall not use the Premises for premises in any on-site retail sales. Tenant waives any implied warranty of Landlord manner that the Premises is suitable for Tenant’s intended commercial purpose will constitute waste, nuisance, or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use unreasonable annoyance (including, without limitation, the operation use of its business loud speakers or sound or light apparatus that can be heard or seen outside the premises) to owners or occupants of adjacent properties or other tenants in the building or center in which the premises are located. Lessee shall not use the premises for living quarters or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights into adjacent properties and buildings. Lessee shall not do anything on the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant premises that will cause damage to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals premises. Lessee shall not affect sell or display merchandise in the validity common areas or outside the interior of this Leasethe leased premises.
5.04 Lessor shall deliver the premises to Lessee clean and free of debris on lease commencement date . Tenant understandsLessee hereby acknowledges that Lessee has inspected the premises and found the plumbing, agrees lighting, air conditioning, heating, electrical system and doors in the premises in good operating condition and repair. Lessee hereby accepts the premises in their condition existing as of the lease commencement date or the date that Lessee takes possession of the premises, whichever is earlier. Lessee acknowledges that neither Landlord Lessor nor its Agents have Lessor's agent has made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable as to the Propertypresent or future suitability of the premises for the conduct of Lessee's business. Notwithstanding, Lessor agrees to install ceiling tiles, repaint the exterior premises and the interior premises, and install new rugs and drapes. Lessor shall have sole responsibility and have sole discretion in determining the nature, quality, and standards used in connection with such improvements provided that Lessor and Lessee shall coordinate their efforts to achieve a result that is aesthetically pleasing to both parties.
5.05 Lessee shall have the sole responsibility for complying, at Lessee's cost, with the provisions of the American With Disabilities Act of 1990 ("ADA") respecting the premises and every portion thereof.
Appears in 1 contract
Sources: Lease (Valley Commerce Bancorp)
Use. (a) a. Tenant shall use and occupy and use the Premises only for the Use specified in Section l abovegeneral office use, and pursuant to the Building Rules (as defined hereunder)for no other purposes. Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that or allow the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or to be used for any other purpose under without the prior written consent of Landlord. Tenant, at Tenant's expense, shall comply with all 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 use, occupation or alteration of the Premises, or the conduct of Tenant's business therein, including without limitation the Americans with Disabilities Act and all applicable zoning ordinances zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys' fees) arising out of claims or regulationssuits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the Americans with Disabilities Act or any other law or regulation applicable to the Premises and/or its occupancy by Tenant and Tenant’s business in the Premises. Tenant shall not use or permit the Premises or any conduct part thereof to be used in any manner that constitutes waste, nuisance or condition which may endanger, disturb or otherwise interfere with any unreasonable disturbances to other Building occupant’s normal operations or with the management tenants of the BuildingBuilding 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 may use all Common Areas only for their intended purposes. Subject covenants not to change Tenant’s 's use of the Common Areas and Premises without the terms prior written approval 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyLandlord.
Appears in 1 contract
Use. (a) Tenant A. The demised Premises shall occupy and use the Premises be used only for the Use specified in Section l abovepurpose of general office, receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, light manufacturing and product testing and for such other lawful purposes as may be incidental thereto, and pursuant subject to any building or building complex rules and regulations. Outside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. However, Tenant from time to time will park trucks and trailers within the delivery area and will locate a trash compactor and visually screened air compressor in the truck court. Additionally, Tenant will stripe, at Landlord's expense, a portion of the truck court as shown on Exhibit E and Tenant agrees to utilize these striped spaces on a regular basis to avoid absorbing more than their proportionate of spaces provided in front of the Building. The spaces in front of the Building that Tenant has the non-exclusive right to use are also depicted on Exhibit E. Landlord and Tenant understand and agree that Tenant will be mounting and 18" satellite dish on the roof of the southwestern corner of the Building. Any damage to roof components due to the Building Rules (as defined hereunder). Without limited the generality installation or maintenance of the foregoing, dish will be Tenant's responsibility. Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under 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 zoning ordinances to its particular use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or regulationsupon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall not permit any conduct objectionable or condition unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which may endanger, would constitute a nuisance or would disturb or otherwise 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 other Building occupant’s normal operations product, material or with the management of the Buildingmerchandise which is explosive or highly flammable. Tenant may use all Common Areas only will not permit the Premises to be used for their intended purposes. Subject 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.
B. Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant’s 's use of the Common Areas and the terms of this Lease, Landlord Premises 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 the event of any conflict between the Building Rules and this Lease, this Lease shall controlnot exceed allowable design floor loading for floor slabs on grade. Tenant shall be responsiblehold harmless Landlord from any claims, at its sole cost loss, liability, and expense, expensesarising out of such damage or repair caused by Tenant's negligence or failure to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of comply with this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyparagraph.
Appears in 1 contract
Use. (a) Landlord hereby grants permission to Tenant shall to occupy and use the Leasehold Premises only for the Use specified in Section l abovesole purpose of operating its Center, commonly known as “Florida House” including the installation, construction, operation and pursuant to the Building Rules (maintenance of a model house, together with attendant landscaping and walkways, which will incorporate sustainability features and practices such as defined hereunder). Without limited the generality of the foregoingwater and energy conservation, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any solar power and hurricane protection and other purpose under any environmentally sound construction techniques and all applicable zoning ordinances or regulationspractices. Tenant shall not permit any conduct relocate an existing structure to the Leasehold Premises or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with construct a new model house on the management of the Building. Tenant may use all Common Areas only for their intended purposes. Subject to Leasehold Premises at Tenant’s use of the Common Areas sole discretion 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 the event of any conflict between the Building Rules and this Lease, this Lease shall controlexpense. Tenant shall be responsibleresponsible for and shall bear the cost of all relocation fees, at its sole cost and expensearchitect/engineering fees, to obtain all required building permits, approvalsinspection and related governmental fees. Tenant shall submit all plans and specifications for the relocation or construction of the model home to Landlord for approval prior to commencing any construction or relocation activity. Landlord shall not unreasonably withhold approval thereof. The completed model house will be used by Tenant solely as the Center to demonstrate to the community available sustainability practices such as: energy efficient, zoning change water conservation, and environmentally sound products and procedures which can be incorporated into new or variance required existing homes. To promote acceptance by the City community of Phoenix for Tenant’s Use includingthe conservation features being displayed, without limitationand the concept of conservation in general, the operation model house will be staffed by Tenant, or sub-lessee referenced in Section 15, on a regular basis to provide demonstrations of its business the products and features and information on where they can be obtained. The model house will be constructed in such a manner that it can be removed from the completion Leasehold Premises without damage to the model house or the Leasehold Premises. At no time shall the model house be considered as part of the Leasehold Premises, and shall hereafter be deemed the personal property of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Property.
Appears in 1 contract
Sources: Lease Agreement
Use. (a) After the Commencement Date and throughout the Term, Tenant agrees to continuously use and operate its business in the Premises, fully fixtured, stocked and staffed, only for purposes of conducting business as a hydroponics supplier and retail store. Tenant agrees to conduct its business in the Premises so as not to unreasonably interfere with the operation of the Shopping Center or the business of other tenants, and so as not to cause the cancellation, reduction or nonrenewal of any insurance policy of Landlord. Tenant understands that the parking lot is shared by neighboring retail Tenants and shall cooperate with other Tenants to allow the shared parking lot to be used for the visiting patrons doing business with other Tenants. Landlord, at any time, is not responsible for any damage or theft of Tenants inventory. No sales, growing, storage or distribution of any marijuana or products containing marijuana shall be permitted on the premises at any time during the Primary Lease term and any Option Periods. Should Tenant be found in violation, the lease shall be terminated immediately and Tenant shall occupy vacate the premises.
(b) Tenant and its employees and customers have a nonexclusive license to reasonably use exterior areas of the Premises only Shopping Center that are not leased to or intended for the Use specified in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not exclusive use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant may use all others ("Common Areas only Areas") for their intended designed purposes. Subject to Tenant’s use of the Common Areas Landlord retains exclusive management and the terms of this Lease, Landlord shall have exclusive control of all Common Areas at and of all timesportions of the Premises outside interior walls (excluding storefront). “Building Rules” means the Tenant agrees to abide by any rules and regulations attached pertaining to this Lease as Exhibit “B” as they may be amended the Common Areas adopted by Landlord from time to time. In the event .
(c) All Tenant's signs, displays and advertising of any conflict between kind visible from the Building Rules exterior of the Premises must be approved in advance by Landlord and this Leasecomply with governmental requirements, this Lease to include local code restrictions. Tenant is responsible for all costs of sign permits, design, fabrication, installation, removal and replacement. All Tenant's signs must be installed within 60 days from the date Tenant opens for business. Tenant shall controlremove all exterior signs and related equipment then in place in, on or about the Premises within ten (10) days after the end of the Term. Tenant shall repair any holes, openings in the building exterior caused by removal of Tenant's signs and shall apply touch up paint to any areas affected by sign. If Tenant fails to remove any such signs within the time permitted, Landlord may hold Tenant's security deposit until such work is done, and may deduct any and all expenses incurred by Landlord in connection with removal, repair and disposal of Tenant's signs from Tenant's security deposit. Tenant shall also be allowed to have signage on the storefront, directly above Tenants leased premise. Tenant shall be responsibleresponsible for all costs, at including permits for the above signage. Tenant signage shall be subject to Landlord approval, not to be unreasonably withheld. Tenant signage shall contain only standard company name and logo, no exterior signage, window decals, banners etc shall not contain any pictures or depictions of marijuana leaf or mention of marijuana specifically.
(d) Tenant agrees to comply with all applicable law, including environmental laws, in its sole cost use and expenseoccupancy of the Premises. Tenant agrees not to store, to obtain all required permitsgenerate, approvalstreat, zoning change transport or variance required by the City of Phoenix for Tenant’s Use includingrelease hazardous substances in, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by on or on behalf of Tenant to about the Premises for or the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyShopping Center.
Appears in 1 contract
Use. (a) Tenant The Premises shall occupy be used and use occupied by the Lessee as an office and for no other purpose. Lessee agrees to conduct its business at all times in a reputable manner and to operate all of the Premises only for the Use specified in Section l aboveunless prevented from doing so because of fire, and pursuant to the Building Rules (as defined hereunder)accident or force majeure. Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleLessee shall, at its sole own cost and expense, to obtain any and all required permitslicenses and permits necessary for the aforesaid use.
(b) Lessee shall not solicit, approvalspeddle, zoning change canvas or variance required by distribute handbills or other written material or permit any such acts in its behalf, in the City hallways, corridors, or other Common Areas of Phoenix for Tenant’s Use includingthe Building, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant the grounds, parking areas, and sidewalks surrounding the Building. All such activities shall be confined to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals Premises. Lessee shall not affect solicit sales from persons other than accredited retail and wholesale merchants and their representatives.
(c) Lessor reserves the validity right to prescribe qualifications and time for admission to the Building, including but not limited to the payment of an admission fee, and to restrict access to the Building or any portion thereof to accredited retail and wholesale merchants and their representatives, and to make admission into the Building conditioned upon presentation and exhibition of such credentials as Lessor may deem necessary or appropriate. Lessee shall be furnished with credentials for admission into the Building if deemed necessary by Lessor.
(d) No sign, tag, label, picture, advertisement, or notice shall be displayed, installed, distributed, inscribed, painted or affixed by Lessee on the exterior doors, plate glass or exterior or interior walls of the Premises or on any part of the outside or inside of the Building without the prior written consent of the Lessor as to the content and design thereof. Lessee shall remove all signs, if any, at the termination of this Lease. Tenant understandsInstallation and removal of all signs shall be made in a good and workmanlike manner so as to avoid injury to or defacement of the Building, agrees Premises and acknowledges that neither Landlord nor its Agents have made any representation the improvements therein. No show cases or warranty that Tenant’s intended Use is permitted under other fixtures or objects shall be placed by Lessee in front of the City of Phoenix zoning ordinance applicable to Building, in the Propertycorridors or elsewhere in or about the Building, other than within the Premises.
Appears in 1 contract
Use. (a) The Premises may be used and occupied only for general business office, sales, administrative, software engineering, and software research and development purposes and for no other use or purpose without Landlord's prior consent, which consent shall not be unreasonably withheld. In addition to other reasons Landlord may have to withhold consent to a change in use of the Premises by Tenant, Landlord may withhold consent if the proposed use is either not compatible with the use as an office building or violates another provision of this Lease. Tenant shall occupy comply with all present and future Laws relating to Tenant's use or occupancy of the Premises only for (and make any repairs, alterations or improvements as required to comply with all such Laws), and shall observe the Use specified "Building Rules" (as defined in Section l above27 - Rules and Regulations), except that repairs or alterations required to comply with Laws generally applicable to the condition of the Premises for use as office space, and not required or caused by Tenant's particular use or activities or by any Alterations made or proposed by Tenant, shall be made by Landlord (and the cost thereof, if such cost is not subject to any of the exclusions to Operating Costs, shall be included in Operating Costs either as an expense or as a capital item to be amortized pursuant to the Building Rules (as defined hereunderprovisions of Section 3.2(a)(1)(G) above). Without limited the generality of the foregoing, Tenant shall not use do, bring, keep or 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 (unless within fifteen days after Landlord gives Tenant written notice of such increase in premium, Tenant agrees in writing to pay for such increase) for, any on-site retail sales. Tenant waives insurance policy covering the Project or any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulationspart thereof. Tenant shall not permit the Premises to be occupied or used in any conduct manner that will constitute waste or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall controla nuisance. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use includingnot, without limitationthe prior consent of Landlord, bring into the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by Building or on behalf of Tenant to the Premises for anything that may cause substantial noise, odor or vibration, overload the conduct floors in the Building or any of its businessthe heating, but ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the failure Building ("Building Systems"), or jeopardize the structural integrity of Tenant to obtain the Building or any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertypart thereof.
Appears in 1 contract
Sources: Lease Agreement (3do Co)
Use. (a) Tenant shall use and occupy and use the Premises only for the Use specified use set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality Article 1.G. of the foregoing, Tenant Basic Lease Provisions and shall not use or occupy the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that premises or permit the Premises is suitable for Tenant’s intended commercial purpose same to be used or Tenant’s permitted Use or occupied for any other purpose under any without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and all applicable zoning ordinances absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or regulationsinfringe the rights of other tenants in the Project. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsibleshall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to obtain all required permitsor affecting (i) the condition, approvalsuse or occupancy of the Premises or the Project excluding structural changes to the Project not related to Tenant's particular use of the Premises, zoning change and (ii) improvements installed or variance required constructed in the Premises by or for the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion benefit of Tenant’s , other than the initial Tenant Improvements (constructed pursuant to the Tenant Work Letter attached hereto as defined below) and Exhibit "D." Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any Alterations (as defined below) installed fire and extended coverage insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters. Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or on behalf increased by reason of Tenant Tenant's failure to comply with the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity provisions of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the PropertyArticle.
Appears in 1 contract
Sources: Standard Office Lease (Sound Source Interactive Inc /De/)
Use. (a) Tenant The Premises shall occupy and use the Premises only be used for the Permitted Use specified in Section l above, and pursuant for no other purpose. Tenant agrees not to use or permit the Building Rules (as defined hereunder). Without limited the generality use of the foregoing, Tenant shall not use the Premises for any on-site retail salespurpose which is illegal or dangerous, which creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any will conduct its business and all applicable zoning ordinances or regulations. Tenant shall control its agents, servants, employees, customers, licensees, and invitees in such a manner as not permit any conduct or condition which may endanger, disturb or otherwise to interfere with any or disturb other Building occupant’s normal operations tenants or with Landlord in the management of the BuildingProject or Property. Tenant may use will maintain the Premises in a clean and healthful condition, and comply with all Common Areas only for their intended purposes. Subject laws, ordinances, orders, rules and regulations of any governmental entity with reference to Tenant’s use the use, condition, configuration or occupancy of the Common Areas Premises. Tenant shall not, and shall not allow its employees, agents, contractors or invitees, to bring into the Building or the Premises any dangerous or hazardous materials, except for customary office and cleaning supplies, provided Tenant uses, stores and disposes of the same in compliance with all applicable law. Should Tenant bring use, store or treat any dangerous or hazardous materials in or upon the Premises or the Building, Tenant shall, at Landlord’s reasonable request, provide Landlord with relevant information relating to such materials (e.g., a copy of its most current materials list and transportation and removal manifests) and shall indemnify and hold Landlord harmless from all claims, liens, losses, damages and expenses, including without limitation reasonable attorneys’ fees and expenses, resulting from any use, storage or release of such materials at the Premises in violation of any applicable law. Tenant, at its expense, will comply with the rules and regulations of the Building attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing. In the event of a conflict between the rules and regulations and the terms of this Lease, Landlord shall have exclusive control the terms 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals Landlord shall not affect knowingly enforce the validity of this Lease. rules and regulations against Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertyin a discriminatory manner.
Appears in 1 contract
Use. Tenant shall:
(a) Tenant shall occupy and use the Premises only for the Use purposes specified in Section l above, 2.9 and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use or permit the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or to be used for any other purpose under any and all applicable zoning ordinances without the prior written consent of Landlord.
(b) not commit or regulations. Tenant shall not permit any conduct waste, injury or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with damage to the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use Property including, without limitation, the operation of its business and the completion of Tenant’s Tenant Improvements (as defined belowin Exhibit E and any trade fixture therein, normal wear and tear excepted, any loading of the floors thereof in excess of the maximum degree of loading as determined by Landlord, any nuisance therein or any use or manner of use causing annoyance to other tenants and occupants of the Property or to Landlord;
(c) and not invalidate or cause an increase in the cost of any Alterations fire, extended coverage or any other insurance covering the Building or insurance of another tenant of the Building against perils as to which Landlord or such other tenant has insured or which shall cause any policy of insurance on the Project to be subject to cancellation; and (d) observe and perform, and cause its employees, invitees and others over whom Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Exhibit "D" hereto, and such further and other reasonable rules and regulations and amendments and additions thereto as defined below) installed Landlord may hereafter make and notify Tenant in writing, except that Landlord may not enforce against Tenant any such change or addition that is inconsistent with this Lease unless required by governmental regulation or on behalf unless Tenant consents thereto. The imposition of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits Rules and approvals Regulations shall not affect create or imply any obligation of Landlord to enforce them against any *tfier tenant and Landlord shall not be liable to Tenant for violation of any Rules and Regulations or the validity breach of this Lease. Tenant understandsany provision in any lease by any other tenant or other party in the Building, agrees redecorating vacant space for tenants or other occupants of the Building; Marketing crests including leasing commissions, attorney's fees in connection with negotiation and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City preparation of Phoenix zoning ordinance applicable to the Property.leases and related agreement,;
Appears in 1 contract
Sources: Lease Agreement (Svi Solutions Inc)
Use. (a) Tenant shall occupy and will use the Premises only solely for the Use specified in Section l abovegeneral officing, warehousing, distribution, research and development, and pursuant manufacturing all in accordance with laws, ordinances, rules and any regulations which are applicable to the Premises or the Building, including, but not limited to laws related to land use, and for no other purposes. Tenant will not cause or permit any waste or damage to the Premises, the Building Rules (as defined hereunder). Without limited or the generality of land upon which the foregoing, Tenant shall Building is located and will not occupy or use the Premises for any on-site retail salesbusiness or purpose which is unlawful, hazardous, unsanitary, noxious or offensive or which unreasonably interferes with the business operations of other tenants in the Building. Tenant waives any implied warranty If the nature of Landlord that Tenant's use or occupancy of the Premises is suitable causes any increase in Landlord's insurance premiums over and above those chargeable for the least hazardous type of occupancy legally permitted in the Premises, then Tenant will pay the resulting increase within ten (10)days after its receipt of a statement from Landlord setting forth the amount thereof. If at any time, and from time to time during the Lease Term, Tenant desires to cease operating its business in the Premises, then the Tenant shall notify the Landlord, in writing, at least ninety (90) days prior to the effective date of any cessation of operations. Landlord shall have the right, at its sole option, to terminate the Lease upon written notice to Tenant at any time after Tenant ceases to operate in the Premises. In the event that Landlord exercises its option to terminate this Lease as provided above, then this Lease shall terminate on the date stated in Landlord's notice to terminate, which date shall be not greater than the thirtieth (30th) day following the date on which Landlord sends such notice to Tenant’s intended commercial purpose . Upon such date, Tenant shall surrender possession of the Demised Premises to Landlord and neither party shall thereafter have any further obligation to the other by virtue of this Lease, subject, however, to the payment by Tenant to Landlord of all sums then due and owing or Tenant’s permitted Use or for having accrued to Landlord hereunder and the survival of any other purpose indemnifications under any and all applicable zoning ordinances or regulationsthis Lease. Tenant shall not permit be deemed to have ceased operating its business and any conduct immediately prior period of cessation shall be deemed tolled if and to the extent that the Demised Premises is closed due to damage by fire or condition which may endangerother casualty, disturb a taking by eminent domain has made it impracticable to continue doing business therein or otherwise interfere with a force majeure event (not caused by Tenant). If at any other Building occupant’s normal operations or with time during the management of Term Tenant ceases to operate its business in the BuildingPremises it shall continue to maintain the Premises as required herein, including, but not limited to, continuing to heat the Premises at times when it would be continuously reasonable to do so. If at any time Tenant may use all Common Areas only for their intended purposes. Subject to Tenant’s use of does not maintain the Common Areas and the terms of this LeasePremises as required herein, Landlord shall have exclusive control of all Common Areas at all times. “Building Rules” means the rules and regulations attached be permitted to this Lease as Exhibit “B” as they may be amended from time to time. In the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to maintain the Premises for after five (5) days written notice to Tenant and Tenant's failure to cure within such five (5) day period. Notwithstanding the conduct of its businessforegoing, but the failure of Tenant in no event shall Landlord be required to obtain any or all such permits and approvals shall not affect the validity of this Lease. Tenant understands, agrees and acknowledges that neither Landlord nor its Agents have made any representation or warranty that Tenant’s intended Use is permitted under the City of Phoenix zoning ordinance applicable to the Propertygive notice in an emergency situation.
Appears in 1 contract
Use. (a) Tenant The Leased Premises shall occupy and use the Premises only not be used other than for the Use specified purpose set forth in Section l above, and pursuant to the Building Rules (as defined hereunder). Without limited the generality of the foregoing, Tenant shall not use the Premises for any on-site retail sales. Tenant waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted Use or for any other purpose under any and all applicable zoning ordinances or regulations. Tenant shall not permit any conduct or condition which may endanger, disturb or otherwise interfere with any other Building occupant’s normal operations or with the management of the Building. Tenant 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 the event of any conflict between the Building Rules and this Lease, this Lease shall control. Tenant shall be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or variance required by the City of Phoenix for Tenant’s Use including, without limitation, the operation of its business and the completion of Tenant’s Improvements (as defined below) and of any Alterations (as defined below) installed by or on behalf of Tenant to the Premises for the conduct of its business, but the failure of Tenant to obtain any or all such permits and approvals shall not affect the validity Article 1 of this Lease. Tenant understands, agrees shall at all times and acknowledges that neither Landlord nor its Agents have made any representation or warranty that at Tenant’s intended Use is permitted under sole cost and expense comply with all applicable laws, ordinances, regulations, or other governmental ordinances, orders or rules from time to time in existence including without limitation the City Americans with Disabilities Act, and the requirements of Phoenix zoning ordinance applicable any board of fire underwriters or other similar body relating to or affecting the condition, use or occupancy of the Leased Premises, as well as any easements, declarations, covenants, conditions, and restrictions now or hereafter recorded with respect to the Property. The Rules and Regulations attached hereto as Exhibit B and any reasonable modifications thereto adopted by Landlord, are expressly made a part hereof, and ▇▇▇▇▇▇ agrees to obey all such Rules and Regulations. Tenant further agrees that it shall not use the Leased Premises in violation of any exclusive right of use granted by Landlord to any other tenant in the Building Complex. The Leased Premises shall not be used for any improper or unlawful purpose, or for the carrying on of any activity which would tend to lower the first-class character of the Building Complex. The Leased Premises shall not be used for any purpose which is related in any manner whatsoever to the marijuana industry (including, but not limited to, a marijuana or medical marijuana dispensary, clinic, paraphernalia shop, retail store, cultivation, grow store, or related use). Tenant agrees that it will not store, do or permit anything to be done in or about the Leased Premises which may be prohibited by any insurance policy in force from time to time covering the Building Complex or which would cause the cancellation of any such insurance policies. In the event Tenant’s occupancy or conduct of business in or on the Leased Premises, whether or not Landlord has consented to the same, results in any increase in premiums for the insurance carried from time to time by Landlord with respect to the Building Complex, Tenant shall pay any such increase in premiums as Rent within ten (10) calendar days after bills for such additional premiums shall be rendered by Landlord.
Appears in 1 contract
Sources: Lease Agreement