Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall not do or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 2 contracts
Sources: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
Use. Tenant (a) The Premises shall use the Premises only in conformance with applicable governmental lawsbe used for general office and warehouse, regulationsassembly, rules and ordinances for the purpose of officeequipment, sales, research testing and development, distribution purposes, and related uses necessary for Tenant any other lawful purpose incidental to conduct its Tenant's business, provided such uses are permitted and conform no other, unless consented to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposein writing by Landlord. Tenant shall not do or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, Building anything which is prohibited by or will in any way in conflict with (in the case of hazardous materials, Tenant shall notify Landlord of any such materials and shall ensure that any such hazardous material is properly controlled, safeguarded, and disposed of) any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex Premises or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Premises or Building or any part thereof, thereof or any of its contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex Building which will in any way violate Rules or Regulations reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants or occupants of the Complex tenants, or injure or annoy them, or use or allow the Premises or Building to be used for any improper, immoral, or unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance nuisance, in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floors, walls, Building or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in in, on or upon about the Premises. Premises or Building.
(b) Tenant shall comply not use the name of the Building in which the Premises are located, in connection with any existing covenant, condition, or restriction business carried on in said Premises (“CC&R’s”except as Tenant's address) affecting the Premises. A copy without written consent of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and Landlord.
(c) Tenant shall not be construed to be for manufacture, assemble or store materials inside the benefit common areas outside of any tenant or occupant of the ComplexBuilding.
Appears in 2 contracts
Sources: Commercial Lease (Tenfold Corp /Ut), Commercial Lease (Medcross Inc)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposePermitted Use (as defined in the Basic Lease Information). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or that will in any way invalidate or increase the existing rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Subject to Landlord’s maintenance, operation and repair obligations expressly set forth in this Lease, Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or otherwise affect) fire or any insurance covering permit shall be required for the Complex proper and lawful conduct of Tenant’s business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of its contents, each such license or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentspermit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done anything inin the Premises, on or about the Premises or the Complex which will in any way obstruct manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or interfere with is likely to cause injury to the rights of other tenants Buildings or occupants any equipment, facilities or systems therein; (iii) constitutes a violation of the Complex Legal Requirements; (iv) materially impairs the character, reputation 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 or the Complex. Tenant shall not conduct any sale by auction 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 any appearance of the Buildings as Class A office Buildings; or (v) materially impairs the proper and economic maintenance, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside operation and repair of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, and/or its equipment, finished products facilities or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexsystems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, Inc.)
Use. Tenant shall use the Premises only for that use shown as Item 3 of the Basic Lease Provisions and shall not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord which consent may be withheld in conformance Landlord's sole discretion. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with applicable any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and ordinances for and/or directions in the purpose use of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant the Premises shall not do or permit be deemed to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate a conclusive determination of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsthat fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on 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 National Fire Protection Association 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 Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Use. (a) Tenant shall be permitted to use the Leased Premises only in conformance for manufacturing, warehousing, office space and any other permitted use, subject, however, to compliance with applicable governmental all Federal, State and local laws, regulationszoning ordinances, the orders, rules and ordinances for regulations of the purpose Board of office, sales, research Fire Insurance Underwriters and developmentany similar bodies having or asserting jurisdiction over the Leased Premises now in effect or hereafter adopted by any governmental authority having or asserting jurisdiction, and related uses necessary for Tenant such conditions, restriction and other encumbrances, if any, to conduct its businesswhich the Leased Premises are subject at the time of execution and delivery of this Lease (collectively, provided such uses are permitted and conform hereinafter referred to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. as the "Laws").
(b) Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or about on the Leased Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause in a cancellation of any insurance covering the Complex 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 or the Complex which will manner that would in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 violate any of the BuildingsLaws or any certificate of occupancy affecting the Leased Premises or make void or voidable any insurance then in force with respect thereto, or overload existing electrical that may interfere in any way with the ability to obtain at regular rates fire or other mechanical systems. Tenant shall not dump insurance thereon required to be furnished hereunder by Tenant, or that will cause or be likely to cause injury to any waste materials or refuse upon any part of the Premises Improvements, or outside of the Buildings, except that will constitute a public or private nuisance or waste. Nothing contained in trash containers placed inside exterior enclosures designated this Lease and no action or inaction by Landlord for shall be deemed or construed to mean that purpose Landlord has granted to Tenant any right, power or inside of permission to do any act or to make any agreement that may create, give rise to, or be the Building proper where designated by Landlord. Tenant shall not store foundation for, any materialsright, suppliestitle, equipmentinterest, finished products lien, charge or semi-finished products, raw materials or articles of any nature other encumbrance upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit estate of Landlord only and shall not be construed to be for in the benefit of any tenant or occupant of the ComplexLeased Premises.
Appears in 2 contracts
Sources: Lease Agreement (Lounsberry Holdings Ii Inc), Lease Agreement (Techprecision Corp)
Use. Tenant The Premises shall only be used for general office use consistent with the Premises only operation of a first-class office building in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Woodland Hills area (the “Specified Use”) and for no other purposepurposes, without ▇▇▇▇▇▇▇▇’s prior written consent, which consent shall be in Landlord’s sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
(a) the proposed use will place a disproportionate burden on the Building systems;
(b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
(c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Complex Building, or injure or unreasonably annoy them, or . Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful pornographic or objectionable purposeviolent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any unreasonable nuisance or waste in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of use the Premises in any manner that in Landlord’s reasonable judgment would materially and adversely unreasonably affect or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply interfere with any existing covenant, condition, services Landlord is required to furnish to Tenant or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other tenant or occupant of the ComplexBuilding, or that would interfere with or obstruct the proper and economical rendition of any such service.
Appears in 2 contracts
Sources: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)
Use. Tenant shall use the Premises only for general office use consistent with the character of a first class office building and shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeProject. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant 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 Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.any
Appears in 2 contracts
Sources: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Use. Tenant shall Subtenant may use the Sublease Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancespurposes as allowed in the Master Lease, and for no other purpose. Tenant Subtenant shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the term of this Sublease governing, affecting and regulating the Sublease Premises, including but not limited to the use thereof. Subtenant shall not do use or permit the use of the Sublease Premises in a manner that will create waste or a nuisance, interfere with or disturb other tenants in the Center or violate the provisions of the Master Lease. Subtenant acknowledges and agrees that the operation and use of the Sublease Premises may require that Subtenant apply for and receive licenses and/or permits from various federal, state and local governments, and Subtenant covenants and agrees to be done in or about the Premises or the Complex, nor bring or keep or permit apply for and receive such licenses and/or permits as are required. Subtenant shall provide to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation Sublandlord copies of any insurance covering such licenses and/or permits to the Complex extent applicable to the Sublease Premises. Subtenant acknowledges, agrees and covenants that its occupancy, operation and use of such Sublease Premises and/or its use and handling of animals shall be in accordance with: (a) all applicable state and federal regulations; (b) all licenses and permits that either Subtenant or Sublandlord has received or receives in the future respecting such Sublease Premises; and (c) all policies and procedures Sublandlord has reasonably promulgated respecting such Sublease Premises. In the event of any part thereofdisagreement concerning the interpretation of such licenses, or any of its contents. Tenant shall not do or permit to be done anything inpermits, on or about policies and/or procedures, the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants determination of the Complex or injure or annoy thememployee of Sublandlord charged with ensuring compliance with such licenses, or use or allow the Premises to permits, policies and/or procedures shall 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexcontrolling.
Appears in 2 contracts
Sources: Sub Sublease (Cytokinetics Inc), Sublease (Cytokinetics Inc)
Use. Tenant 6.1 The Demised Premises shall use the Premises be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose purposes of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances“Tenant’s Use” as set forth in Section 1(h) hereof, and for no other purpose. purpose or purposes whatsoever.
6.2 Tenant shall not do or permit to be done in or about the Premises or the ComplexDemised Premises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complextherein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents, or adversely affect or interfere with any services required to be furnished by Landlord to Tenant, or to any other tenants or occupants of the Building, or with the proper and economical rendition of any such service. Tenant shall not do or permit anything to be done anything in, on in or about the Demised Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building, or injure or annoy them, or use or allow the Demised 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 Demised Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in, on or about the Demised Premises. If anything 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 Demised Premises shall cause the rate of fire or other insurance on the Building in or upon companies acceptable to Landlord to be increased beyond the Premisesminimum rate from time to time applicable to the Building, Tenant shall pay the amount of any such increases. Tenant shall comply with any existing covenantnot cause or permit the use, conditiongeneration, storage or restriction (“CC&R’s”) affecting disposal in or about the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for Demised Premises or the benefit of Landlord only and shall not be construed to be for the benefit Building of any tenant substances, materials or occupant of the Complexwastes subject to regulation under federal, state or local laws from time to time in effect concerning hazardous, toxic or radioactive materials, unless Tenant shall have received Landlord’s prior written consent, which Landlord may withhold or at any time revoke in its sole discretion.
Appears in 2 contracts
Sources: Gross Lease (ENDRA Life Sciences Inc.), Gross Lease (Endra Inc.)
Use. 10.1 Tenant shall may use the Premises only in conformance with for any use permitted by (i) the MIB Zone, (ii) any other applicable governmental laws, regulations, rules ordinances, requirements, permits and ordinances for approvals applicable to the purpose of office, sales, research and developmentPremises, and related uses necessary (iii) all covenants, conditions and restrictions recorded against the property, and shall not use the Premises, or permit or suffer the Premises to be used for any other purpose without the prior written consent of Landlord.
10.2 Tenant to shall conduct its businessbusiness operations and use the Premises in compliance with all federal, provided such uses are permitted state, and conform to city zoning laws and all other governmental local laws, regulations, rules and ordinances, requirements, permits and for no other purposeapprovals applicable to the Premises. Tenant shall not do use or permit occupy the Premises in violation of any law or regulation or the certificate of occupancy issued for the Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, excluding, however, any duty to make structural or any of its contentscapital improvements, or will cause a cancellation of any insurance covering alterations, repairs and replacements to the Complex or any part thereof, or any of its contents. Premises.
10.3 Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy covering the Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises.
10.4 Subject to the warranties of Landlord in Section 14.2, Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises, including any alterations to the Premises made by Tenant and the activities conducted by Tenant within the Premises, shall be exclusively that of Tenant and not of Landlord, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises but only to the extent triggered by construction of alterations by or for Tenant. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this Lease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order. Furthermore, Landlord shall be responsible for compliance with ADA to the extent of a violation of Landlord’s warranties in Section 14.2.
10.5 Tenant may install signage on and about the Premises or Building and Project monument to the Complex which extent permitted by, and in conformity with, applicable provisions of the City of San Diego Sign Ordinance, and to the extent reasonably approved by Landlord. Tenant acknowledges that it understands that other tenants will occupy space in any way obstruct or interfere the Project, and that the maximum allowable signage is to be shared among all of the tenants on a pro rata basis. Tenant further acknowledges it is familiar with the rights of other tenants or occupants restrictions of the Complex City of San Diego Sign Ordinance, and is not relying on any representations or injure warranty of Landlord regarding the number, size or annoy themlocation of any signage. The expense of design, or permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all signs shall be the property of Tenant and may be removed from the Premises by Tenant, subject to the provisions of Article 36. Any relocation of Tenant’s signage required by Landlord’s division of the Project into more than one lot shall be with the consent of Tenant and at Landlord’s cost.
10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building.
10.7 Tenant shall not 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 or waste in, on on, or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 2 contracts
Sources: Lease (Biocept Inc), Lease (Biocept Inc)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse (as defined in Paragraph 1(h) hereof). Tenant shall will not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (fire insurance on the Building or otherwise affect) fire contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of insurance on the Building or any insurance covering contents created by Tenant's acts or conduct of business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the Complex or any part thereof, or amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsLandlord's other rights provided herein. Tenant shall will conduct its business and control its agents, employees and invitees in such a manner as not do to create any nuisance, nor interfere with, annoy or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of disturb other tenants or occupants Landlord in management of the Complex or injure or annoy them, or use or allow Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to be used for use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any improperand all laws relating to environmental hazards and, immoralas set forth in Subparagraph 8(c) hereof, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complexto accessibility by persons with disabilities. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premiseswill not, without the prior written consent of Landlord. Tenant shall , such consent not commit or suffer to be committed any waste in unreasonably withheld, paint, install lighting, window coverings or upon the Premises. Tenant shall comply with any existing covenant, conditiondecoration, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit install any signs, window or door lettering or advertising media of any tenant type on or occupant about the Premises or any part thereof. Should Landlord agree in writing to any of the Complexforegoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. Tenant Lessee shall use the Demised Premises only in conformance with applicable governmental lawsas a recreational vehicle sales and service facility, regulations, rules and ordinances for the purpose of office, sales, research and developmentuses ancillary thereto, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant In the event zoning or other laws or ordinances regulating the use of the Demised Premises at any time during the initial lease term or any extension thereof shall be modified or changed, Lessee shall use the Demised Premises only for such purposes as comply with such laws or ordinances. Lessee agrees that it will not permit any unlawful occupation, business or trade to be conducted on the Demised Premises or any use to be made thereof contrary to any Legal Requirements, the REA or the other provisions of this Lease. Lessee shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or about on the Demised Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause in a cancellation of any insurance covering the Complex 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 or the Complex which will manner that would in any way obstruct or interfere with violate any certificate of occupancy affecting the rights of other tenants or occupants of the Complex or injure or annoy themDemised Premises, or use make void or allow the Premises voidable any insurance then in force with respect thereto, or that may make it impossible to obtain fire or other insurance thereon required 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 or the Complex. Tenant shall not conduct any sale furnished hereunder by auction on the Premises. Tenant shall not place any loads upon the floors, wallsLessee, or ceiling, which endanger the structure, that will cause or place any harmful fluids or other materials in the drainage system of be likely to cause structural injury to any of the Buildingsleased Improvements, or overload existing electrical that will constitute a public or private nuisance or waste. Nothing in this Lease contained and no action or inaction by Lessor shall be deemed or construed to mean that Lessor has granted to Lessee any right, power or permission to do any act or to make any agreement that may create, give rise to, or be the foundation for, any right, title, interest, lien, charge or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature encumbrance upon the Premises or on any portion estate of common area of Lessor in the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Demised 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Holiday Rv Superstores Inc), Lease Agreement (Holiday Rv Superstores Inc)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules for general office purposes and ordinances for the purpose of office, sales, research and developmentrelated uses, and related uses necessary shall not use or permit the Premises to be used for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no any other purpose. Subject to the provisions of this Lease, Tenant shall be entitled to twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year access to the Premises.
(b) Except for permissible use of the Premises as set forth in this Lease, Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex said Building or any part thereof, thereof or any of its contents. Excepting the use of the Premises as permitted in Section 8(a), Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy them, them or use or allow the Premises to be used for any improper, immoral, immoral or unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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. .
(c) Neither Tenant, nor any assignee, sublessee or occupier of any portion of the Premises, shall permit the introduction, placement, use, generation, manufacture, storage, disposal or transportation in or around the Premises of any hazardous, poisonous or toxic substance, material or waste of any kind that may be hazardous to health and/or the environment, including, without limitation, substances from time to time identified as such by federal and/or state laws and regulations, without the prior written consent of Landlord; provided, however, Tenant shall comply be entitled to possess and maintain within the Premises reasonable amounts of such hazardous materials which are customarily used in connection with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexgeneral office uses.
Appears in 2 contracts
Sources: Office Building Lease (Doubleclick Inc), Office Building Lease (Abacus Direct Corp)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposePermitted Use (as defined in the Basic Lease Information). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or that will in any way invalidate or increase the existing rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or otherwise affect) fire or any insurance covering permit shall be required for the Complex proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of its contents, each such license or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentspermit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done anything inin the Premises, on or about the Premises or the Complex which will in any way obstruct manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or interfere with is likely to cause injury to the rights of other tenants Building or occupants any equipment, facilities or systems therein; (iii) constitutes a violation of the Complex Legal Requirements; (iv) materially impairs the character, reputation 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside appearance of the Building as Class A office Buildings; or (v) materially impairs the proper where designated by Landlord. Tenant shall not store any materialsand economic maintenance, supplies, operation and repair of the Building and/or its equipment, finished products facilities or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexsystems.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules for a medical and ordinances for the purpose of office, sales, research beauty consultation and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, administration office and for no other purpose. 5 In the event the Tenant uses the Premises for purposes not expressly permitted herein, the Landlord may terminate the Lease, or without notice to Tenant, restrain said improper use by injunction. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about anything therein which is not within the permitted use of the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants Tenants or occupants of the Complex Building or injure or annoy them, them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, purposes; nor shall Tenant cause, maintain or permit any nuisance in, on in or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer allow to be committed any waste in or upon the Premises. In the event Tenant's permitted use of the Premises increases the existing rate of or affects any fire or other insurance, then and in that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the Premises as a Tenant, or by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall comply with be deemed to have accepted the same and to have acknowledged that the Premises are conclusively in the condition required by the Lease. This Lease does not grant Tenant any existing covenant, condition, right of air and light over and about the Premises or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexBuilding.
Appears in 2 contracts
Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
Use. (a) Tenant shall occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentUse specified in Section l above, and related uses necessary 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 to conduct its business, provided such uses are waives any implied warranty of Landlord that the Premises is suitable for Tenant’s intended commercial purpose or Tenant’s permitted and conform to city zoning laws Use or for any other purpose under any and all other governmental laws, applicable zoning ordinances or regulations, rules and ordinances, and for no other purpose. Tenant shall not do permit any conduct or permit to be done in or about the Premises or the Complexcondition which may endanger, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (disturb or otherwise affect) fire interfere with any other Building occupant’s normal operations or any insurance covering with the Complex or any part thereofmanagement 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, or any Landlord shall have exclusive control of its contents, or will cause a cancellation 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 insurance covering conflict between the Complex or any part thereofBuilding Rules and this Lease, or any of its contentsthis Lease shall control. Tenant shall not do be responsible, at its sole cost and expense, to obtain all required permits, approvals, zoning change or permit 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 be done anything in, on or about 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 Complex which will in any way obstruct or interfere with the rights validity of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complexthis Lease. Tenant shall not conduct understands, agrees and acknowledges that neither Landlord nor its Agents have made any sale by auction on representation or warranty that Tenant’s intended Use is permitted under the Premises. Tenant shall not place any loads upon City of Phoenix zoning ordinance applicable to the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexProperty.
Appears in 2 contracts
Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse (as defined in Paragraph 1(h) hereof). Tenant shall will not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extrahazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (fire insurance on the Building or otherwise affect) fire contents; and in the event that, by reason of acts of Tenant, there shall be any increase in the rate of Insurance on the Building or any insurance covering contents created by Tenant's acts or conduct of business than Tenant hereby agrees to pay to Landlord the Complex or any part thereof, or any amount of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentssuch increase promptly. Tenant shall will conduct its business and control its agents, employees and invitees in such a manner as not do to create any nuisance, nor interfere with, annoy or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of disturb other tenants or occupants Landlord in management of the Complex or injure or annoy them, or use or allow Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to be used for use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any improper, immoral, unlawful or objectionable purpose, nor shall and all laws applicable to Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complexand relating to environmental hazards and to accessibility by persons with disabilities. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premiseswill not, without the prior written consent of Landlord. Tenant shall , such consent not commit or suffer to be committed any waste in unreasonably withheld, paint, install lighting, window coverings or upon the Premises. Tenant shall comply with any existing covenant, conditiondecoration, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit install any signs, window or door lettering or advertising media of any tenant type on or occupant about the Premises or any part thereof. Should Landlord agree in writing to any of the Complexforegoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all times.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not knowingly do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Provided that Landlord has given Tenant written notice of any invalidity or increased cost of an insurance policy(ies) or of any applicable insurance underwriter’s rules and 30 days notice to “cure”, Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systemsthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall not dump any waste materials comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or refuse upon any part its use of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenantcovenants, conditionconditions, easements or restriction (“CC&R’s”) reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided some do not materially impair Tenant’s use and enjoyment of the Premises. A copy Tenant shall, within five (5) business days after Landlord’s demand therefore; reimburse Landlord for any additional insurance premium charged by reason of Tenant’s use of the Premises. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all existing CC&Rs are attached hereto as Exhibit governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a “C”. The provisions of this Paragraph are capital” improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” improvement), Tenant shall only be responsible for the benefit amortized cost of Landlord only and such “capital” improvement (amortized at a market cost of funds) over the useful life of said improvement during the Term, except in the event such obligation for a capital improvement is required due to Tenant’s own particular use of the Premises (in which case Tenants shall not be construed to be fully responsible for the benefit entire cost and installation of any tenant or occupant of the Complexsuch “capital” improvement).
Appears in 2 contracts
Use. 2.01 Tenant shall use and occupy the Demised Premises only in conformance with applicable governmental lawsfor executive and general offices. Provided that Tenant does not utilize any other portion of the Building for such purpose, regulations, rules and ordinances Tenant shall also be able to utilize the Demised Premises for a kitchen for the purpose testing and preparation of office, sales, research recipes and development, for photo shoots and related uses necessary for Tenant to conduct its business, provided online marketing of such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, recipes and for no other purpose. It is intended that should Tenant rent more than one (1) floor (or part thereof) in the Building, Tenant shall not only be able to utilize one (1) of said floors for kitchen purposes. Tenant shall have the right to subsequently petition Landlord for permission to install a kitchen on multiple floors, in which event the decision whether to allow Tenant the ability to do so shall be in the sole and absolute discretion of Landlord.
2.02 If any governmental license or permit to shall be done required for the proper and lawful conduct of Tenant’s business in or about the Premises or the ComplexDemised Premises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do and if failure to secure such license or permit to be done anything in, on or about the Premises or the Complex which will would in any way obstruct affect Landlord, the Land or interfere with the rights Building or the conduct of other tenants business thereon or occupants of the Complex or injure or annoy themtherein, or use or allow the Premises to be used for any improperthen Tenant, immoralat its sole cost and expense, unlawful or objectionable purpose, nor shall Tenant cause, duly procure and thereafter maintain such license or permit any nuisance in, on or about and submit the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord same for that purpose or inside of the Building proper where designated inspection by Landlord. Tenant shall not store any materialsat all times comply with the terms and conditions of each such license or permit. At no expense to Landlord, supplies, equipment, finished products Landlord shall sign applications and otherwise cooperate with Tenant in connection with securing or semi-finished products, raw materials maintaining such license or articles of any nature upon the Premises or on any portion of common area of the Complex. permit.
2.03 Tenant shall not utilize at any loudspeaker time use or occupy, or suffer or permit anyone to use or occupy, the Demised Premises, or any portion thereof, or do or permit anything to be done in the Demised Premises, in violation of any zoning laws and/or resolutions or requirements of the Department of Buildings affecting the Demised Premises, the Land and/or the Building, and, in the event a certificate of occupancy is obtained for the Building, Tenant’s use of the Demised Premises shall not be in violation of the certificate of occupancy for the Demised Premises or for the Building so long as the certificate of occupancy obtained permits Tenant’s permitted use under Section 2.01 (excluding any right to maintain a kitchen). Notwithstanding anything to the contrary contained herein, Tenant acknowledges that no certificate of occupancy has been obtained for the Demised Premises and/or for the Building and that the Demised Premises are located in a M1-5B Zone. Landlord represents that the Building was constructed before certificates of occupancies were required under New York City laws and that Tenant’s use of the Demised Premises for executive and general offices is permitted under applicable zoning laws. Landlord agrees that any certificate of occupancy that it obtains for the Building shall permit the Demised Premises and the third floor of the Building to be used for office purposes. If, at any time, Tenant is prevented from lawfully using the Demised Premises or the third floor premises for executive and general offices due to the lack of a certificate of occupancy or pursuant to any certificate of occupancy that is hereafter issued, Landlord shall indemnify and hold harmless Tenant from any liability, damage or expense (including, without limitation, reasonable attorneys’ fees) arising therefrom and Fixed Rent and Additional Rent shall ▇▇▇▇▇ until Tenant is no longer prevented from using the Demised Premises for such purposes. If Tenant is prevented from using the Demised Premises or third floor premises for more than ninety (90) days, Tenant may terminate this Lease on notice to Landlord.
2.04 In connection with any permissible cooking in the Demised Premises:
(a) Tenant, at is sole expense, shall install and keep in good order and condition exhaust fans, ventilating systems, or other devicesimilar exhaust devices.
(b) Tenant shall use commercially reasonable efforts to keep the Demised Premises free from infestation of vermin and other pests.
(c) Tenant will use commercially reasonable efforts to prevent any offensive odors for which Landlord has received bona fide reasonably based complaints, system to emanate from the Demised Premises. Upon notification from Landlord that Landlord has received complaints from other tenants of the Building, Tenant will promptly commence curing the condition, that has given rise to such odors including the installation of control devices or apparatusthe implementation of procedures to eliminate such odors, which can be heard outside and will complete such installations or implementation as commercially reasonable as possible thereafter. Should Tenant fail to take commercially reasonable steps, Landlord, after notice to Tenant and expiration of any applicable cure period, shall (i) have the Premises, without right but not the prior written consent obligation to use self-help and ▇▇▇▇ Tenant for the cost thereof as Additional Rent; or (ii) treat such failure as a breach of Landlord. a material obligation of Tenant’s tenancy hereunder.
(d) Tenant shall not commit cause any food, waste or suffer other foreign substance to be committed thrown or drawn into the plumbing or waste lines. Tenant agrees to maintain the plumbing and waste lines in good order, repair and condition and to repair any waste damage resulting from any violation of this Article.
(e) Tenant shall install and maintain a working smoke detector/carbon monoxide detector in or upon the Demised Premises. Tenant shall comply with acknowledges that Landlord’s damages resulting from any existing covenant, condition, or restriction (“CC&R’s”) affecting breach of the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph Article are difficult, if not impossible to ascertain and concedes that among any other remedies for any such breach permitted by law or the benefit provisions of this Lease, Landlord only and shall not be construed entitled to be for the benefit enjoin Tenant from any violation of any tenant or occupant of the Complexsaid provisions.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances premises for the purpose of general office, sales, research and development, marketing, sales, studio, and related uses necessary for Tenant distribution and warehousing incidental to conduct its business, provided such uses are permitted general office use and conform to city zoning laws consistent with the City of Menlo Park office use provisions and all other governmental laws, regulations, rules and ordinanceslegally related uses, and shall not use or permit the Premises to be used for no any other purposepurpose without the prior written consent of Landlord. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Premises and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of paid certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction, which shall by reason of the nature of Tenant’s use or occupancy of the Premises impose any duty upon Tenant or Landlord with respect to the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereofPremises, or any of its contents, with respect to the use or will cause a cancellation of any insurance covering the Complex or any part occupation thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Complex and or property located therein. Tenant shall promptly upon demand reimburse Landlord for any additional premiums charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of or other tenants or occupants of the Complex Complex, 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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. In the event Tenant makes any improvements or alterations to the Premises and such construction triggers a requirement to make additional improvements to the Premises under the Americans with Disabilities Act (“ADA’’). Tenant shall comply with any existing covenant, conditionmake and pay for such ADA required improvements. If Landlord improvements or alterations to the Premises trigger a requirement to make additional improvements to Landlord’s Initials: Tenant’s Initials: the Premises under the ADA, or restriction (“CC&R’s”) affecting if neither Landlord nor Tenant make any improvements to the Premises. A copy of all existing CC&Rs Premises but ADA required improvements to the Premises are attached hereto as Exhibit “C”. The provisions of this Paragraph are required during the Lease term, then Landlord, not Tenant, shall be solely responsible for the benefit of Landlord only making and shall not be construed to be paying for the benefit of any tenant or occupant of the Complexsame.
Appears in 1 contract
Sources: Office Lease (Eidos PLC)
Use. Tenant shall 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, elevator(s), loading dock(s), access ways, walkways, nonexclusive parking area(s), courtyards and landscaped areas, if any. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules for general office use and ordinances for the purpose of office, sales, research and development, other reasonable uses incidental and related uses necessary for Tenant to conduct its businessthereto, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. that Tenant shall not do or use, permit nor suffer anything to be done or anything to be brought into or kept in or about the Premises or on the Complex, nor bring Property which in Landlord’s reasonable judgment occasions unreasonable discomfort or keep or permit annoyance to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy themBuilding and parking area(s), if any, or which may tend to impair the reputation or appearance of the Building or the Property, or tend to interfere with the proper and economic operation of the Building, parking area(s), if any, or the Property by Landlord, or which shall violate the Certificate of Occupancy for the Building or any law or regulation of any governmental body. If, due to Tenant’s use of the Premises, improvements or allow the Premises alterations 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 or the ComplexBuilding are necessary to comply with any requirements imposed by law, Tenant shall pay the entire cost of such improvements or alterations. Landlord shall be responsible for obtaining use and occupancy permits from the local governmental authorities. Tenant shall not conduct any sale by auction on covenants that it will move into the Premises. Tenant shall not place any loads upon Premises promptly at the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any commencement of the Buildingsterm hereof and will use and occupy the entire Premises throughout the term hereof, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildingsand further covenants and agrees that, except in trash containers placed inside exterior enclosures designated temporarily by Landlord for that purpose reason of casualty, taking or inside loss of the Building proper where designated by Landlord. Tenant shall access, it will not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside vacate the Premises, or fail to conduct its business therein at any time during the term hereof without the prior written consent of notice to the Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease Agreement (Ace Comm Corp)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection upon reasonable prior notice throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not conduct do or permit to be done anything which will invalidate or increase the cost of any sale by auction on insurance policy(ies) covering the PremisesBuilding, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall not place any loads upon the floorscomply at its expense with all present and future laws, wallsordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system its use of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises only for GENERAL OFFICE USE shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeBuilding. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant Tenant's shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant 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 Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on June 30, 1983 as Instrument Number 83/115477 in the Official Records of Alameda County (the "CC&Rs"), and further amended via Certification of Amendment dated April 18, 1985 Instrument Number 85/07539 and Second Certification of Amendment dated October 11, 1989 Instrument Number 89/277713. Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&R's, as the same may be amended from time to time. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any existing covenantand all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the Meyer Center- Pleasanton Owner's Association in their sole di▇▇▇▇▇ion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, conditionfrom time to time promulgate laws, or restriction (“CC&R’s”) rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. A copy Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all existing CC&Rs are attached hereto such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with all laws relating to the storage, use and disposal of hazardous, toxic or radioactive matter, including those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, Division 4, Chapter 30 ("Title 22") as Exhibit “C”they may be amended from time to time (collectively "Toxic Materials"). The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit If Tenant does store, use or dispose of any tenant or occupant of Toxic Materials, Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the ComplexPremises.
Appears in 1 contract
Use. Tenant (a) The Premises shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances be used for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use and for no other purpose. Tenant shall not do or permit to No retail sales may be done in or about made from the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause other than incidental retail sales from a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsshowroom area). Tenant shall not do or permit to be done anything in, on or about use the Premises to receive, store or the Complex which will in handle any way obstruct product, material or interfere merchandise that is explosive or highly inflammable or hazardous. Outside storage is prohibited. Tenant shall be solely responsible (at Tenant's sole cost and expense) for complying with the rights of other tenants or occupants all laws applicable to ITS use, AND occupancy of the Complex Premises, including without limitation obtaining all required building permits and/or certificates of occupancy FOR THE PREMISES. Tenant shall not permit any objectionable or injure unpleasant odors, smoke, dust, gas, light, noise or annoy themvibrations to emanate from the Premises; nor take any other action that would in Landlord's sole judgment constitute a nuisance or would disturb, unreasonably interfere with, or use endanger Landlord or allow any other person; nor permit the Premises to be used for any improperpurpose or in any manner that would (1) void the insurance thereon, immoral(2) increase the insurance risk, unlawful or objectionable purpose, nor (3) cause the disallowance of any sprinkler credits. Tenant shall Tenant cause, maintain or permit pay to Landlord on demand any nuisance in, increase in the cost of any insurance on or about the Premises or the Complex. Tenant shall not conduct any sale Building incurred by auction on the Premises. Tenant shall not place any loads upon the floors, walls, or ceiling, Landlord which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part is caused by Tenant's use of the Premises or outside because Tenant vacates the Premises IN VIOLATION OF THIS LEASE. Tenant agrees not to use or permit the use of the BuildingsPremises for any purpose which is illegal or dangerous to life, except limb or property;
(b) Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in trash containers placed inside exterior enclosures designated by Landlord for that purpose such a manner as not to interfere with, annoy or inside disturb other tenants or Landlord. Tenant will maintain the Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to ITS use AND occupancy of the Premises. Tenant, at his expense, will comply with the rules and regulations of the Building proper where designated adopted and altered by LandlordLandlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. ANY FURTHER REVISIONS OF THE RULES AND REGULATIONS SHALL APPLY UNIFORMLY TO ALL TENANTS IN THE BUILDING AND SHALL BE UNIFORMLY ENFORCED. A copy of the existing rules and regulations is attached hereto as EXHIBIT "E" and made a part hereof. Tenant shall agrees not store to commit or allow any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or waste to be committed on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without and at the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions termination of this Paragraph are for Lease to deliver up the benefit of Premises to Landlord only in as good condition as at the Commencement Date, ordinary wear and shall not be construed to be for the benefit of any tenant or occupant of the Complextear excepted, AND SUBJECT TO THE PROVISIONS OF THE LEASE CONCERNING DAMAGE AND CASUALTY.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Use. Tenant ▇. ▇▇▇▇▇▇ shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules demised premises for executive and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancesgeneral offices, and for no other purpose. Tenant shall not do Notwithstanding the foregoing and subject to the provisions of Sections B and C of this Article 39, the demised premises may be used for the following additional uses: a conference facility, sales, training facility, computer related service and maintenance facility, showroom and demonstration room facility.
B. If any governmental license or permit to shall be done required for the proper and lawful conduct of Tenant's business in or about the Premises or the Complexdemised premises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of Tenant, at its contentsexpense, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do duly procure and thereafter maintain such license or permit to be done anything in, on or about and submit the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used same for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated inspection by Landlord. Tenant shall not store any materials, supplies, equipment, finished products at all times comply with the terms and conditions of each such license or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. permit.
C. Tenant shall not utilize at any loudspeaker time use or other deviceoccupy, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer or permit anyone to use or occupy, the demised premises, or do or permit anything to be committed done in the demised premises, in violation of the Certificate of Occupancy for the demised premises or for the Building or in violation of any waste in superior mortgage or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premisessuperior lease. A copy of all existing CC&Rs are attached the current Certificate of Occupancy for the Building is annexed hereto as Exhibit “C”. The provisions D.
D. Landlord hereby represents to Tenant that the existing leases for the fourth (4th) and sixth (6th) floors of the Building do not permit such spaces to be used as a factory and Landlord agrees that during the term of this Paragraph are for the benefit of Landlord only and shall lease, it will not be construed permit such floors to be for the benefit of any tenant or occupant of the Complexused as a factory.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 inor commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, and any energy reporting requirements. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Premises or the ComplexProject. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), then Tenant shall not conduct any sale only be responsible for the amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by auction on Landlord) over the Premises. Tenant shall not place any loads upon useful life of said improvement during the floorsTerm, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials except in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part event such obligation for capital improvements is required due to Tenant’s particular use of the Premises or outside of the Buildings, except (in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. which case Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles be fully responsible for the entire cost and installation of any nature upon each capital investment). Subject to the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The express provisions of this Paragraph are for the benefit of Landlord only Lease, Tenant shall have full access to and shall not be construed to be for the benefit of any tenant or occupant use of the ComplexPremises twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year.
Appears in 1 contract
Sources: Lease (Ista Pharmaceuticals Inc)
Use. The premises shall be occupied and used by Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances Tenant's employees solely for the purpose of office, sales, research conducting therein the business set forth in Article 1 and development, and related uses necessary shall not use or permit the Premises to be used for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all any other governmental laws, regulations, rules and ordinances, and for no other purposepurpose without the prior written consent of Landlord. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building of which the Premises are a part, and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done not in compliance with any applicable statute, ordinance, rule, regulation, order, restriction of record or about requirement which shall, by reason of the nature of tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on 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 Pacific Fire Rating Bureau or any other organization performing a similar function. 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 article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Office Space Lease (Acubid Com Inc)
Use. 5.1. The Premises shall be used by Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules solely as and ordinances for executive and general offices for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use as set forth in the Reference Page and for no other purposepurpose whatsoever.
5.2. Tenant shall not do use or permit to be done the use of the Premises or any part thereof in any way that would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or about for any unlawful purposes or in any unlawful manner or in violation of the certificate of occupancy for the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about Building (the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate "Certificate of (or otherwise affect) fire or any insurance covering the Complex or any part thereofOccupancy"), or any of its contents, ground or will cause a cancellation of any insurance covering underlying leases which may hereafter affect the Complex Building or any part thereof, or any of its contentsthe Premises. Tenant shall not do suffer or permit the Premises or any part thereof to be used in any manner or anything to be done therein or anything into be brought into or kept therein that, on or about in the Premises or the Complex which will reasonable judgment of Landlord, shall in any way obstruct impair or interfere with or tend to impair or interfere with (a) the rights character, reputation or appearance of the Building as a high quality office building, (b) any of the Building services, (c) the use of any of the other areas of the Building by, or reasonably occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Complex or injure or annoy themBuilding, or use (d) increase or allow tend to increase Landlord's costs of operating 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 or the ComplexBuilding. Tenant shall not install any electrical or other equipment of any kind that, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance.
5.3. If any governmental license or permit (other than a Certificate of Occupancy for the Building or any other license or permit required of all tenants occupying space for executive and general office use in the Borough of Manhattan) shall be required for the proper and lawful conduct of Tenant's business in the Premises or any sale by auction part thereof or for Tenant's occupancy of the Premises, Tenant at its expense shall procure and maintain and comply with the terms and conditions of such license or permit and submit the same to Landlord for inspection.
5.4. Tenant acknowledges and agrees that the value of the Premises and the reputation of the Landlord will be seriously injured if the Premises are used for any obscene or pornographic purposes or any sort of commercial sex establishment. Tenant agrees that it will not bring or permit any obscene or pornographic material on the Premises. Tenant , and shall not place permit or conduct any loads upon the floorsobscene, wallsnude, or ceilingsemi-nude live performances on the Premises, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part nor permit use of the Premises for nude modeling, rap sessions, or outside of the Buildingsas a so-called rubber goods shop, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles as a sex club of any nature upon the Premises sort, or on as a "massage parlor." Tenant agrees further that it will not permit any portion of common area these uses by any sublessee or assignee of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.This
Appears in 1 contract
Use. Tenant 7.1 The Demised Premises shall use the Premises be used, if at all, only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose purposes of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances"Tenant's Use" as set forth in Section 1 (h) hereof, and for no other purpose. purpose or purposes whatsoever.
7.2 Tenant shall not do or permit to be done in or about the Premises or the ComplexDemised Premises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complextherein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or will in any way increase the existing rate of (or otherwise affect) or, except for office use, affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents, or, except for office use, adversely affect or interfere with any services required to be furnished by Landlord to Tenant, or to any other tenants or occupants of the Building, or with the proper and economical rendition of any such service. Tenant shall not do or permit anything to be done anything in, on in or about the Demised Premises or the Complex which will in any way materially or adversely obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy themBuilding, or use or allow the Demised Premises to be used for any improper, immoral, unlawful or objectionable purpose, purpose nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in, on or about the Demised Premises. Except for office use, if anything 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 Demised Premises shall cause the rate of fire or other insurance on the Building in or upon companies acceptable to Landlord to be increased beyond the Premisesminimum rate from time to time applicable to the Building, Tenant shall pay the amount of any such increases. Tenant shall comply with indemnify Landlord against any existing covenantloss resulting from breach of this Section 7.2.
7.3 Tenant shall not cause or permit the use, conditiongeneration, storage or restriction disposal in or about the Demised Premises or the Building of any Hazardous Materials (“CC&R’s”as hereinafter defined) affecting unless Tenant shall have received Landlord's prior written consent, which Landlord may withhold or at any time revoke in its sole discretion. Tenant hereby covenants to indemnify and hold Landlord, its successors and assigns, harmless from any loss, damage, claims, costs, liability or cleanup costs arising out of Tenant's use, handling, storage or disposal of Hazardous Materials in violation of applicable laws, rules, regulations or ordinances relating to office use on the Demised Premises. A copy Notwithstanding the foregoing or anything else to the contrary contained in this Lease, without Landlord's approval or consent, Tenant may utilize typical amounts of such Hazardous Materials typically utilized in offices in accordance with all existing CC&Rs are attached hereto Laws (as Exhibit “C”hereinafter defined). The Tenant shall defend, indemnify and hold Landlord harmless from and against any and all losses, costs (including reasonable attorneys' fees), liabilities and claims arising from any violations of applicable laws by Tenant relating to Hazardous Materials that hereinafter become located in, on or under the Development as a result of the act or omission of Tenant, its agents, employees and contractors and shall assume full responsibility and cost to remedy such violations to a standard which is applicable to office use. Landlord represents and warrants that the Development does not contain any Hazardous Materials in violation of any applicable laws. For purposes hereof, "Hazardous Materials" shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) which is regulated by applicable law.
7.4 Tenant shall use the telecommunications closets on the 7th floor and 8'▇ ▇▇▇▇▇▇ wing of the Demised Premises solely for cabling, equipment dedicated to the distribution of data, telecommunications, Supplemental Equipment and equipment relating to building systems, such as, without limit? tion, AV equipment. Should Tenant's installation of such items exceed the applicable levels in the Building Design Criteria, Tenant shall, at its expense, as provided in and subject to the provisions of Section 8.4, pull electricity from Tenant's panel to support such equipment (the existing UPS circuit will not be available to Tenant for such purpose) and add any necessary cooling equipment. Any cooling equipment installed by Tenant in such telecommunication closet(s) shall be deemed Supplemental Equipment. Landlord may leave in the telecommunications closet life safety equipment related to the operation of a multi-tenant commercial building. Will agree to remove this Paragraph are language for the benefit of Landlord only and shall initial lease term but not be construed for extensions or as it pertains to be for the benefit of any tenant or occupant of the Complex8'h floor.
Appears in 1 contract
Sources: Lease (Covisint Corp)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, Permitted Use (as defined in the Basic Lease Information) provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. that Tenant shall not do be under no obligation to operate or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on business in the Premises. Tenant shall not place any loads upon occupy or use the floors, wallsPremises, or ceilingpermit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which endanger is unlawful in-part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done that will in any way invalidate or increase the structurerate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or place any harmful fluids disturb other tenants or other materials interfere with Landlord in the drainage system of any management of the BuildingsBuilding, the Property or overload the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing electrical as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit a photocopy of the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other mechanical systemsdocuments as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not dump at any waste materials time use or refuse upon occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done in the Premises, in any part manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or is likely to cause injury to the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the Premises Legal Requirements; (iv) materially impairs the character, reputation or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside appearance of the Building as a Class A office building; or (v) materially impairs the proper where designated by Landlord. Tenant shall not store any materialsand economic maintenance, supplies, operation and repair of the Building and/or its equipment, finished products facilities or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexsystems.
Appears in 1 contract
Use. Tenant The Premises shall only be used as general office use consistent with the Premises only operation of a first-class office building in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Woodland Hills area (the “Specified Use”) and for no other purposepurposes, without Landlord’s prior written consent, which consent shall be in Landlord’s reasonable discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings in the Woodland Hills, California, area. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems;
b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales;
c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Complex Building, or injure or annoy them, or . Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful pornographic or objectionable purposeviolent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or waste in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of use the Premises in any manner that in Landlord’s reasonable judgment would adversely affect or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply interfere with any existing covenant, condition, services Landlord is required to furnish to Tenant or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other tenant or occupant of the ComplexBuilding, or that would interfere with or obstruct the proper and economical rendition of any such service.
Appears in 1 contract
Sources: Office Lease (ReachLocal Inc)
Use. Tenant The Premises shall use the Premises be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of officereceiving, storing, shipping and selling (but limited to contractor sales) products, research materials and development, and related uses necessary for merchandise made and/or distributed by Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no such other purposelawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent. Tenant may also use the Premises for light manufacturing. Tenant shall not do conduct or permit to be done give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or about structure of the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about subject the Premises or to use that would damage the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsPremises. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improperpurpose or in any manner that would void Tenant's or Landlord's insurance, immoralincrease the insurance risk, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit cause the disallowance of any nuisance in, sprinkler credits. If any increase in the cost of any insurance on or about the Premises or the Complex. Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall not conduct any sale by auction on pay the Premisesamount of such increase to Landlord. 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part Any occupation of the Premises by Tenant prior to the commencement Date shall be subject to all obligations of Tenant under Tenant's prior lease, dated June 11, 1992. Landlord shall make such modifications as may be required by order or outside directive of applicable governmental authority in order to bring the Building (but not the Premises' interior) into compliance with applicable laws as of the BuildingsCommencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Any modifications made by Landlord that are required by applicable laws or regulations that become effective after the Commencement Date or that are required as a result of the Tenant's use of the Premises shall be chargeable to Tenant, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside structural modifications under Paragraph 10 of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexLease.
Appears in 1 contract
Use. Tenant shall use the Premises only for general office use and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeProject. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant Tenant's shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant 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 Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of Alameda County (the "CC&Rs"). Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&R's, as the same may be amended from time to time, provided that any amendments do not materially diminish Tenant's rights under this Lease or materially increase Tenant's obligations. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any existing covenantand all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the Bemal Corporate Park Owner's Association in their sole discretion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, conditionfrom time to time promulgate laws, or restriction (“CC&R’s”) rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. A copy Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all existing CC&Rs are attached hereto such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with all laws relating to the storage, use and disposal of hazardous, toxic or radioactive matter, to the extent brought into the Project by Tenant, its agents or employees, including those materials identified in Sections 66680 through 66685 of Title 33 of the California Administrative Code, Division 4, Chapter 30 ("Title 22") as Exhibit “C”they may be amended from time to time (collectively "Toxic Materials"). The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit If Tenant does store, use or dispose of any tenant or occupant of Toxic Materials, Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the ComplexPremises.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Uses set forth in the Basic Lease Information and for no other purposeuses. Tenant's use of the Premises shall be in compliance with and subject to all applicable laws, statutes, codes, ordinances, orders, rules, regulations, conditions of approval and requirements of all federal, state, county, municipal and governmental authorities and all administrative or judicial orders or decrees and all permits, licenses, approvals and other entitlements issued by governmental entities, and rules of common law, relating to or affecting the Project, the Premises or the Building or the use or operation thereof, whether now existing, including, without limitation, the Americans with Disabilities Act of 1990, 42 USC 12111 et seq. (the “ADA”) as the same may be amended from time to time, all Environmental Laws (as defined in Section 12.1), the CC&Rs and any supplement thereto which is permitted as provided in Section 1.3, and recorded in the official public records with respect to the Building or any portion thereof (“Applicable Laws”). Subject to limitations below, Tenant, at Tenant's sole cost and expense, shall comply with all Applicable Laws, which compliance obligation shall include the alteration of the Premises and/or any interior improvements or fixtures in order to comply with such Applicable Laws. Landlord shall be responsible for obtaining the certificate of occupancy or comparable governmental sign-off sufficient to permit occupancy of the Premises, and Tenant shall be responsible for obtaining any other business license, or other permits or licenses required by any governmental agency permitting Tenant's use or occupancy of the Premises. Landlord shall reasonably cooperate with Tenant in Tenant's efforts to obtain any governmental permit, license or approval which is the responsibility of Tenant hereunder, at no cost, expense or liability to Landlord. Notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant) shall be required to make: (a) at Landlord's cost, without inclusion in Operating Expenses, all alterations, repairs and replacements to conform the Premises to Applicable Laws in effect as of the Effective Date; and (b) at Landlord's cost but subject to inclusion of such costs in Operating Expenses to the extent permitted under the definition of Operating Expenses in Section 6 above, any capital improvements to the Premises required in order to cause the Premises to comply with Applicable Laws enacted after the Effective Date, except that if such compliance work is necessitated by the particular use of, or alterations or improvements to, the Premises by Tenant or any Tenant Parties, then Tenant shall perform such compliance work at Tenant's sole cost. In no event shall the Premises be used for any of the Prohibited Uses set forth on Exhibit D attached hereto. Tenant shall comply with the rules and regulations attached hereto as Exhibit E, together with such additional rules and regulations as Landlord may from time to time reasonably prescribe (so long as they do not materially interfere with Tenant's use of the Premises or impose additional material monetary obligations on Tenant). Tenant shall not do commit waste, overload the floors or structure of the Building, permit any unreasonable odors, smoke, dust, gas, substances, noise or vibrations to be done in or about emanate from the Premises or the ComplexPremises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything take any action which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way would obstruct or interfere with the rights of endanger any other tenants or occupants of the Complex or injure or annoy themtenants, take any action which would abrogate any warranties, 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be responsible for the benefit of non-compliance by any other tenant or occupant of the ComplexProject with, or Landlord's failure to enforce, any of the rules or regulations or CC&Rs or any other terms or provisions of such tenant's or occupant's lease, but Landlord shall use commercially reasonable efforts to enforce the CC&Rs and other rules and regulations with respect to all Project tenants in a non-discriminatory manner (provided that nothing contained herein shall obligate Landlord to commence any litigation or other proceeding in pursuing such enforcement). Tenant shall promptly comply with the reasonable requirements of any board of fire insurance underwriters or other similar body now or hereafter constituted. Tenant shall not do any act which shall in any way encumber the title of Landlord in and to the Premises, the Building or the Project.
Appears in 1 contract
Sources: Multi Tenant Industrial Triple Net Lease (Standard Register Co)
Use. A. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances demised premises solely for the purpose use specified in Article 2 of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, the printed form of this lease and for no other purposepurposes. Tenant specifically covenants and agrees that Tenant shall not do or permit to be done in or about use the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex demised premises or any part thereof, nor permit the demised premises of any part thereof to be used for sleeping or residential purposes or for overnight accommodations.
B. In addition, Tenant shall not suffer nor permit the demised premises or any of its contentspart thereof to be used in any manner, or will cause a cancellation anything to be done therein, or suffer or permit anything to be brought into or kept therein, which would in any way (i) violate any of the provisions of any grant, lease or mortgage or requirements of public authorities (ii) make void or voidable any fire or liability insurance covering policy then in force with respect to the Complex building, (iii) make unattainable or more difficult to obtain from reputable insurance companies authorized to do business in New York State fire insurance with extended coverage, or liability, elevator, boiler or any other insurance maintained by Landlord, (iv) cause physical damage to the building or any part thereof, (v) constitute a public or any private nuisance, (vi) impair, the appearance, character or reputation of its contents. Tenant shall not do or permit to be done anything inthe building, on or about the Premises or the Complex which will in any way obstruct (vii) impair or interfere with the rights of other tenants or occupants any of the Complex building services or injure or annoy themthe proper
C. Owner makes no representations, guarantees, or acknowledgments that the use designated in the Lease by the Tenant is permitted under any statute, ordinance, rule, regulation, or allow other present or future law promulgated by any state, federal, municipal, or local government or agency or authority thereof. In the event that said use is illegal or determined by any notice of violation or order issued by the aforesaid appropriate governmental authority, then upon six (6) days prior written notice given in accordance with this Lease, this Lease and the term thereof shall expire on the last day of said notice as if said day were the last day of the term of this Lease.
D. If any governmental licence or permit shall be required for the proper and lawful conduct of Tenant's business, Tenant, at Tenant's sole cost and expense, shall duly procure and thereafter maintain such licence or permit and submit the same to inspection by Owner Tenant, at Tenant's sole cost and expense, shall at all times comply with the terms and conditions of each such licence or permit.
E. The Owner represents to the best of his knowledge that the Premises to may 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 or the Complex. Tenant shall not conduct any sale by auction an office and there are no outstanding violations on the Premises. , that the Landlord is aware, that would preclude 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord from obtaining a building permit for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexalterations.
Appears in 1 contract
Sources: Lease Agreement (Medscape Inc)
Use. (a) Tenant shall use the Premises only for general office purposes and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeBuilding. Tenant shall not do use or permit occupy the Premises in violation of law or the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of the certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose a duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on 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 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 article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable objectional purpose, nor shall Tenant cause, maintain or permit any nuisance nuisances in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Office Building Lease (Ayurcore Inc)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systemsthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall not dump any waste materials comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or refuse upon any part its use of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantnon-discriminatory amendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Lease (Intest Corp)
Use. Tenant shall use the The Premises only in conformance with applicable governmental laws, regulations, rules and ordinances are to be used solely for the purpose of office, sales, research maintaining an office for use in connection with Tenant's business including its use as a conference and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, meeting center and for no other purposebusiness or purpose without the prior written consent of Landlord. Tenant shall not do or permit to be done in or about the Premises anything which is illegal or the Complexunlawful; or which is of a hazardous or dangerous nature, nor bring or keep which is noxious or permit offensive to be brought or kept other tenants in or about the Premises or the Complexto Landlord, anything or which is prohibited by or will in any way increase the existing rate rates of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated carried by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on use any portion of common area the Premises for providing of any medical or rehabilitation services or related similar services and the ComplexPremises shall be used solely as a business office. Tenant shall not utilize any loudspeaker obtain all permits, licenses, certificates or other deviceauthorization and any renewals, system extensions or apparatuscontinuances of the same required in connection with the lawful and proper use of the Premises except for a Certificate of Occupancy and shall pay when due all taxes upon its merchandise, which can stock, fixtures and equipment in the Premises. Neither a failure on the part of Tenant to procure such permit, license, certificate or other authorization, nor the revocation of the same, shall in any way affect the liability of Tenant for payment of rent herein reserved or the performance or observance of any of the covenants or conditions herein contained on Tenant's part to be heard outside performed and observed. Tenant shall (and shall cause its employees to) observe the Rules and Regulations attached as Exhibit "A" or such other rules and regulations applicable to the Premises as may be imposed by Landlord from time to time on a nondiscriminatory basis to all Tenants and Tenant shall comply with all governmental laws; and ordinances and all regulations applicable to the use and occupancy of the Premises, except that Tenant shall not be required to install or pay for any improvement to the leased Premises that is required of the Building as a whole. Without limiting the generality of the foregoing, Tenant shall not display anything outside of the Premises nor operate any loud speakers without the prior specific written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposePermitted Use (as defined in the Basic Lease Information). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manor or extra hazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or that will in any way invalidate or increase the existing rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or otherwise affect) fire or any insurance covering permit shall be required for the Complex proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of its contents, each such license or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentspermit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done anything inin the Premises, on or about the Premises or the Complex which will in any way obstruct manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or interfere with is likely to cause injury to the rights of other tenants Building or occupants any equipment, facilities or systems therein; (iii) constitutes a violation of the Complex Legal Requirements; (iv) materially impairs the character, reputation 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside appearance of the Building as Class A office Buildings; or (v) materially impairs the proper where designated by Landlord. Tenant shall not store any materialsand economic maintenance, supplies, operation and repair of the Building and/or its equipment, finished products facilities or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexsystems.
Appears in 1 contract
Sources: Lease Agreement (Netgateway Inc)
Use. Tenant shall use the Premises only for Escrow offices or other office use consistent with other Class "A" office use within ▇▇▇▇ Center Newport and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeBuilding. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenants use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on 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 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 Tenants failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Use. (a) Tenant shall use and occupy the Premises only for office, assembly, manufacturing, warehouse, and distribution purposes (the “Intended Uses”). Tenant shall use the Premises only in conformance with applicable governmental lawsa careful, regulations, rules safe and ordinances for the purpose of office, sales, research proper manner and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall not do use or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about purpose prohibited by the Certificate of Occupancy issued for the Premises or the Complexlaws of the United States or the State of Colorado, or any subdivision thereof. Tenant shall not conduct neither do nor permit to be done any sale by auction on the Premises. Tenant shall not place any loads act or thing upon the floors, walls, Premises which shall or ceiling, which endanger might subject the structure, Landlord to any liability or place responsibility for injury to any harmful fluids person or other materials in the drainage system persons or to property by reason of any of the Buildings, business or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature operation carried on upon the Premises or on for any portion reason.
(b) In the event that any official shall hereafter at any time contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are being used by Tenant or anyone claiming through Tenant for a purpose which is a violation of common area any permit, Certificate of the Complex. Tenant shall not utilize any loudspeaker Occupancy, statute, ordinance or other device, system or apparatus, which can be heard outside requirement of law applicable to the Premises, without the prior Tenant shall, upon ten (10) days’ written consent notice from Landlord, immediately discontinue such use of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.
(c) Tenant, at its sole expense, shall comply with all laws, orders and regulations of federal, state, city and other governmental authorities, and with any direction of any public officer or officers, pursuant to law, which shall declare any violation or impose any order or duty upon Landlord or Tenant with respect to the Premises, or the use or occupation thereof. Without limiting the generality of the foregoing, Tenant shall comply with any existing covenantsuch laws, conditionorders, or restriction (“CC&R’s”) affecting regulations, including but not limited to the Americans With Disabilities Act and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, which relate to the operation, design or construction of the Premises. A copy ; all applicable health codes; and all applicable laws regarding or relating to possession or disposal of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexwastes.
Appears in 1 contract
Sources: Lease Agreement
Use. Tenant shall use the Premises only for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used for those purposes. Tenant waives any right to terminate this lease in conformance with applicable governmental laws, regulations, rules and ordinances the event the Premises cannot be used for such purposes during the Lease term. The premises may not be used for any other purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposewithout Landlord's written consent. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy them, 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises any existing covenantsigns, conditionsymbols, drapes or other materials without written consent of Landlord. Tenant shall not, without Landlord's prior written consent, keep any substances designated as, or restriction (“CC&R’s”) affecting containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. A copy of Tenant shall be fully and completely liable to Landlord for any and all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.use, storage,
Appears in 1 contract
Sources: Commercial Lease (Nutraceutix Inc)
Use. Tenant shall use the Premises only for general office use (including a loan office) consistent with the character of a first class office building and shall not use or permit the Premises to be used for any other purpose without Landlord's prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeProject. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant 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 Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of Alameda County, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions of ▇▇▇▇ Center Pleasanton on October 5, 1993 as Instrument Number 93366552, as further amended by that certain Second Amendment to Declaration of Easement and Maintenance Agreement on July 31, 1997 as Instrument Number 97191415, as further amended by that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions on November 17, 2000 as Instrument Number 2000341937, as further amended by that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions on August 17, 2000 as Instrument Number 2000341939 (as amended, the "CC&Rs"). Landlord represents that the CC&Rs do not prohibit the use of the Premises for use as general office space. Tenant's use of the Premises shall be subject to and Tenant shall comply with any existing covenantthe CC&Rs, conditionas the same may be amended from time to time, and all Applicable Laws. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are declaring easements for the benefit of Landlord only parking, utilities, fire or emergency access, and shall not be construed to be for the benefit of any tenant or occupant of the Complex.other
Appears in 1 contract
Use. Tenant shall covenants and agrees to occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use and for no other purpose. Tenant shall , and to use them in a careful, safe, and proper manner; to pay on demand for any damage to the Premises caused by misuse or abuse thereof by Tenant, Tenant’s agents or employees, or of any other person entering upon the Premises under express or implied invitation of Tenant; not do to use or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improperpurposes prohibited by the laws, immoralcodes, unlawful or objectionable purposerules, nor shall Tenant causeand regulations of the United States, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floors, wallsState of Colorado, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, applicable municipality or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semiquasi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlordgovernmental entity. Tenant shall not commit waste or suffer or permit waste to be committed or permit any waste nuisance on or in the Premises. In the event that any officials shall hereafter at anytime contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are used for a purpose which is a violation of any permit, certificate of occupancy, statute, ordinance or other requirement of law applicable to the Building or the Premises, Tenant shall, upon five (5) days’ written notice from Landlord, immediately discontinue such use of the Premises. Tenant at its sole expense shall comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any existing covenantdirection of any public office or officers, conditionpursuant to law which shall impose any violation or duty upon Landlord or Tenant with respect to the Premises, or restriction (“CC&R’s”) affecting the Premisesuse or occupation thereof. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and Tenant shall not be construed use or suffer or permit any other firm or person to be use the Premises for any hazardous purpose or in any manner that will violate, suspend, void, make inoperative or increase the benefit rate of any tenant policies of insurance of any kind at any time carried by Landlord upon the Premises or occupant the Building or the fixtures and property therein. Any increase in the cost of any insurance carried by Landlord attributable to Tenant’s activities on the ComplexPremises or Tenant’s failure to perform and observe Tenant’s obligations and covenants hereunder shall be borne by Tenant and payable to Landlord from time to time on demand.
Appears in 1 contract
Sources: Premises Lease (Zynex Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules for general office purposes and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its software consulting or contracting business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposepurposes. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or therein that will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Project or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Project or any part thereof, thereof or any of its contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex which that will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project or injure or annoy them, them or use tend to lower the first class character of the Bridgepoint Buildings or allow the Premises to be used for any improper, immoral, unlawful create unreasonable elevator loads or objectionable purpose, nor otherwise interfere with standard Bridgepoint Buildings operations. Tenant shall Tenant cause, maintain or not permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply not use the Premises or permit anything to be done in or about the Premises that will in any way conflict with any existing private restrictive covenant, conditionlaw, statute, ordinance or any rule or regulation of Landlord or any governmental or quasi-governmental authority now in force or that may hereafter be enacted or promulgated. Landlord agrees that as long as this Lease is in existence, or restriction any renewals thereof, Landlord will not enter into any new leases (“CC&R’s”other than renewal leases with existing tenants) affecting with new tenants for Three Bridgepoint that engage in the Premises. A copy computer software consulting or software contracting business without the prior written approval of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and Tenant, which approval shall not be construed to be for unreasonably withheld or delayed. Notwithstanding the benefit foregoing, Landlord has currently entered into leases with National Instruments, Advance Micro Devices Sales Office as tenants of any One Bridgepoint, and Motorola, Inc. as a tenant or occupant in Three Bridgepoint and Four Bridgepoint, all of the Complexwhom are involved in computer related businesses.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basis Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systemsthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall not dump any waste materials comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or refuse upon any part its use of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant’s failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Lease (Devax Inc)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules for General Office use and ordinances shall not use or permit the Premises to be used for any other purpose without the purpose prior written consent of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeLandlord. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project and shall, upon five (5) days written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction as well as the provision of any covenants, conditions and restrictions or similar recorded documents affecting the Project which shall be reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost covering the Project or Premises and/or property located therein and shall comply with all rules, on orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this paragraph. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Use. A. Tenant shall continue to use and occupy the Demised Premises only in conformance with applicable governmental laws, regulations, rules for: corporate and ordinances for the purpose sales offices; warehousing; repair and light manufacture of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, electronic equipment; and for no other use or purpose. The parties acknowledge that retail sales are prohibited.
B. Tenant represents and warrants to Landlord that its business operations are assigned the Standard Industrial Classification number "3663" in the most recent edition (1987) of the Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget, Washington, D.C. This representation and warranty shall expressly survive the expiration or termination of the Lease.
C. Tenant shall be responsible for obtaining, at its sole cost and expense, any and all governmental approvals which may be required for the use and occupancy of the Demised Premises. In addition, if any other governmental license or permit shall be required for the proper or lawful conduct of any business or other acts to be carried on in the Demised Premises and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant shall procure and ' thereafter maintain such license or permit, submit the same for inspection by Landlord, and comply with the terms and conditions of such license or permit.
D. Tenant shall not do use or permit the use of the Demised Premises in any manner or for any purpose, or do, bring or keep anything or permit anything to be done done, brought or kept therein, including without limitation the installation or operation of any electrical, electronic or other equipment, which would: (i) violate any provision of this Lease or is unlawful or in contravention of the Certificate of Occupancy for the Demised Premises; (ii) make void or about voidable any insurance then in force with respect to the Demised Premises; (iii) result in waste or cause damage to the Demised Premises or the Complexfixtures or equipment thereof; (iv) constitute a public or private nuisance; or (v) interfere with rights of other tenants of the Industrial Park.
E. Tenant shall not use or occupy, nor bring or keep or permit to be brought or kept in or about suffer the Premises or the ComplexDemised 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 Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inused or occupied: (i) for any purpose deemed by Landlord as disreputable, on not in keeping with the first-class nature of the Industrial Park or about the Premises extra hazardous; or the Complex which will (ii) for any unlawful purpose or in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 violation of any of the Buildingspresent or future governmental laws, ordinances, requirements, order, directive, rules or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexregulations.
Appears in 1 contract
Use. Tenant Sublessee shall use the Premises only as described in conformance the Basic Sublease Provisions and shall not use or allow the Premises to be used for any other purpose without the prior written consent of Sublessor. Sublessee shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Lessor or Sublessor discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Sublessee, at its sole cost and expense, agrees to comply with applicable governmental all laws, regulationsrules, rules regulations and ordinances for directions of any governmental authority having jurisdiction which shall, by reason of the purpose nature of officeSublessee's use or occupancy of the Premises, salesimpose any duty upon Sublessee, research and developmentSublessor, and related uses necessary for Tenant or Lessor with respect to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall not do or permit to be done in or about the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant Sublessee shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire coverage, on extended coverage or any other insurance policy covering the Building and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Sublessee shall promptly, upon demand, reimburse Sublessor for any additional insurance premium charged by reason of Sublessee's failure to comply with the provisions of this Article. Sublessee shall not do or permit anything to be done in or about the Premises or the Complex premises which will in any way obstruct or interfere with the rights right of other tenants or occupants of the Complex Building, their guests or invitees, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Sublessee cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant Sublessee shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Sublease (Jb Oxford Holdings Inc)
Use. The Leased Premises are leased to Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances solely for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use set forth in Article 1.9 above and for no other purposepurpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire affect any casualty or any other insurance covering on the Complex Building or any part thereofthe Property, or any of its their respective contents, or will make void or voidable or cause a cancellation of any insurance policy covering the Complex Building or the Property, or any part thereof, thereof or any of its their respective contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or Leased Premises, the Complex Building and/or the Property which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or the Property or injure or annoy them, or . Tenant shall not use or allow the Leased 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 or the Complex. Tenant shall not conduct any sale by auction on the Leased 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlordand/or the Property. Tenant shall not store any materialsIn addition, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any existing covenantBoard of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or restriction (“CC&R’s”) affecting occupancy of the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The provisions judgment of this Paragraph are for any court of competent jurisdiction or the benefit admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord only and Tenant. In addition, Tenant shall not be construed to be for the benefit of place a load upon any tenant or occupant floor of the ComplexLeased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
Use. The Leased Premises are leased to Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances solely for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use set forth in Article 1.9 above and for no other purposepurpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire affect any casualty or any other insurance covering on the Complex Building or any part thereofthe Property, or any of its their respective contents, or will make void or voidable or cause a cancellation of any insurance policy covering the Complex Building or the Property, or any part thereof, thereof or any of its their respective contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or Leased Premises, the Complex Building and/or the Property which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or the Property or injure or annoy them, or . Tenant shall not use or allow the Leased 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 or the Complex. Tenant shall not conduct any sale by auction on the Leased 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlordand/or the Property. Tenant shall not store any materialsIn addition, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any existing covenantBoard of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or restriction (“CC&R’s”) affecting occupancy of the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”Property, excluding structural changes not relating to or affected by Tenant’s improvements or acts. The provisions judgment of this Paragraph are for any court of competent jurisdiction or the benefit admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord only and Tenant. In addition, Tenant shall not be construed to be for the benefit of place a load upon any tenant or occupant floor of the ComplexLeased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not conduct do or permit to be done anything which will invalidate or increase the cost of any sale by auction on insurance policy(ies) covering the PremisesBuilding, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall not place any loads upon the floorscomply at its expense with all present and future laws, wallsordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain specifically to Tenant or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system to Tenant's particular use of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto which do not materially interfere with Tenant's rights nor materially increase Tenant's obligations under this Lease, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Sources: Industrial Lease (Broadcom Corp)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancesPermitted Uses set forth in Section 1.01(e) hereof, and for no other purposepurposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the Permitted Uses or for any unlawful purpose or in any unlawful manner, and shall comply with the CCR and all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises and the occupancy thereof (except to the extent Landlord is responsible therefor pursuant to other provisions of this Lease) and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees that Tenant may enter into contracts or subleases with third party vendors of Tenant’s choice for the purpose of operating any of the facilities referred to in the Permitted Uses in Section 1.01(e). Tenant shall not do or permit anything to be done in or about the Premises or the ComplexPremises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Project or any part thereof, thereof or any of its contents. In the event that, by reason of any acts of Tenant or any of the Tenant-Related Parties or their conduct of business for other than the Permitted Uses, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant shall not do or permit to be done anything in, on in or about the Premises or the Complex and/or Project which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor Project. Tenant shall Tenant cause, maintain or not permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease (I2 Technologies Inc)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the Complex. Project Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systemsthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall not dump any waste materials comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or refuse upon any part its use of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. 10.1 Tenant shall may use the Premises only in conformance with for any use permitted by (i) the applicable governmental zoning governing the Property and (ii) any other laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentordinances, and related uses necessary permits applicable to the Premises, and shall not use the Premises, or permit or suffer the Premises to be used for any other purpose without the prior written consent of Landlord.
10.2 Tenant to shall conduct its businessbusiness operations and use the Premises in compliance with all federal, provided such uses are permitted state, and conform to city zoning laws and all other governmental local laws, regulations, rules and ordinances, requirements, permits and approvals applicable to the Premises. Subject to Section 10.1, Tenant shall not use or occupy the Premises in violation of any law or regulation or the certificate of occupancy issued for no other purposethe Building, and shall, upon five (5) days’ written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Subject to Section 10.1, Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit be deemed to be done in default of the foregoing obligation (a) until any notice and cure period provided under this Lease has expired or about (b) if Tenant has the Premises right to appeal such directive, and Tenant prosecutes such appeal in a timely fashion and in a manner that does not impose any lien, charge or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire other obligation on Landlord or any insurance covering portion of the Complex or Project, during any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. such appeal period.
10.3 Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost (unless Tenant agrees to pay such increased cost) of any fire, extended coverage or any other insurance policy covering the Premises, or which will make such insurance coverage unavailable on commercially reasonable terms and conditions, and shall comply with all rules, orders, regulations and requirements of the insurers of the Premises.
10.4 Tenant shall comply with the Americans with Disabilities Act of 1990 (“ADA”), and the regulations promulgated thereunder, as amended from time to time. All responsibility for compliance with the ADA relating to the Premises and the activities conducted by Tenant within the Premises shall be exclusively that of Tenant and not of Landlord, including any duty to make structural or capital improvements, alterations, repairs and replacements to the Premises. Any alterations to the Premises made by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with Article 17; provided, that Landlord’s consent to such alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA. However, nothing in this Lease shall be construed to require Tenant to make structural or capital improvements, alterations, repairs or replacements to comply with ADA unless and until required to do so by order of any government entity or court of law exercising proper jurisdiction with regard thereto, subject to any right to appeal or otherwise contest any such order.
10.5 Tenant may install signage on and about the Premises Premises, including any existing monument sign or new monument sign installed by Tenant, to the Complex extent permitted by, and in conformity with, the applicable sign ordinance and other laws, regulations, ordinances, and permits applicable to the Premises, and to the extent approved by Landlord, which will in any way obstruct approval shall not be unreasonably withheld, conditioned or interfere with the rights of delayed. Tenant acknowledges that it understands that other tenants or occupants will occupy space in the Project, and that the maximum allowable signage is to be shared among all of the Complex tenants on a fair and reasonable basis. Tenant further acknowledges that it is not relying on any representations or injure warranty of Landlord regarding the number, size or annoy themlocation of any signage. Notwithstanding the foregoing, subject to any applicable sign ordinance and other laws, regulations, ordinances, and permits applicable to the Premises, and Landlord’s reasonable approval, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall be entitled but shall not be required to display at least one exterior sign identifying Tenant on the existing monument sign on the Project. The expense of design, permits, purchase and installation of any signs shall be the responsibility of Tenant and the cost thereof shall be borne by Tenant. At the termination of the Lease, all signs shall be the property of Tenant and shall be removed from the Premises by Tenant, subject to the provisions of Article 30.
10.6 No equipment shall be placed at a location within the Building other than a location designed to carry the load of the equipment. Equipment weighing in excess of floor loading capacity shall not be placed in the Building.
10.7 Subject to Section 10.1, Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or waste in, on on, or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease (Icagen Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules for GENERAL OFFICE USE ------------------------------------------------------------------------------ purposes and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall not do use or permit to be done in or about occupy the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit use or suffer occupy the Premises for sleeping or residence purposes or in violation of law or of the certificate of occupancy issued for the Premises or the Building, and shall, upon the shorter of (a) the period allowed by law, and (b) five (5) days notice from Landlord, discontinue any use of the Premises which is declared by either any governmental authority having jurisdiction or the Landlord to be committed a violation of law or of said certification of occupancy. Landlord makes no representation or warranty that the use permitted above will not violate any waste in law, regulation, or upon order, such being the Premisesresponsibility solely of Tenant. Tenant shall comply with any existing covenantdirection of any governmental authority having jurisdiction which shall, condition, by reason of the nature of Tenant's use or restriction (“CC&R’s”) affecting 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. A copy Tenant shall not do nor permit to be done anything which will invalidate or increase the cost of any insurance policy covering the Building and/or property located therein and shall comply with all existing CC&Rs are attached hereto as Exhibit “C”rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. The Without waiving any of Landlord's rights hereunder, Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexArticle 9.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systems. Tenant the Project and/or their contents, and shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premisescomply with all applicable insurance underwriters rules. Tenant shall comply at its expense with any existing covenantall present and future laws, conditionordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or restriction (“CC&R’s”) affecting its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. A copy Notwithstanding the foregoing, to the extent that construction or rehabilitation is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on capital improvements contained in Section 4.2(g), shall be considered as part of “Project Costs” (except to the extent that such compliance results from Tenant’s particular use of the Premises [including, without limitation, ADA compliance by Tenant in connection with its business and employment practices in the Premises], in which event Tenant shall perform all existing CC&Rs are attached hereto as Exhibit “C”required construction and/or rehabilitation at its sole cost and expense). The Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Lease (Sonics, Inc.)
Use. Tenant shall not use or permit the Premises only to be used for any other purpose than that stated in conformance Paragraph 1.1, subparagraph G without the prior written consent of Landlord. Tenant expressly acknowledges that Landlord or its agents have not made any representations as to the suitability of the Premises for the use stated above and Tenant has been advised by Landlord or its agents to make its own independent determination as to the suitability of the Premises to the stated use, and any related zoning or other laws, ordinances, regulations and directives or any applicable covenants, conditions and restrictions affecting the Premises which may limit or restrict the stated use. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such time in a satisfactory condition. Tenant shall not commit, or permit to be committed, any waste upon the Premises, or any nuisance or other act in violation of public policy. Further, Tenant shall not commit, or suffer to be committed, anything which would subject the Landlord to responsibility or liability for injury or damage to any person or property or which would invalidate or increase the cost of any insurance coverage described in this Lease. Tenant shall comply with applicable governmental lawsall rules, regulations, rules orders and ordinances for requirements of Landlord's then current insurance carrier(s) with respect to the purpose use of office, sales, research the Premises and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposemaintaining reasonable insurance coverage of the types specified in this Lease. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Complex, 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease Agreement (Navidec Inc)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentuse set forth in Subparagraph 1(m), and related uses necessary shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to conduct its business, provided such uses use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and suitable for no other purposea particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or Project, or injure or annoy them, or (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not place any loads upon the floors, walls, or ceilingof record, which endanger affect the structure, or place any harmful fluids or other materials in the drainage system use and operation of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of LandlordBuilding, the Common Areas or the Project, or any portion thereof. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. Landlord makes no representation or warranty as to the compliance of the Premises, the Building or the Common Areas with the ADA. The parties hereby agree that: (a) Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (b) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Alterations in the Premises, and (c) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s use of the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are be solely responsible for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant requirements under Title I of the ComplexADA relating to Tenant’s employees.
(c) In accordance with California Civil Code Section 1938, Landlord hereby discloses to Tenant that neither the Building nor the Premises has undergone inspection by a certified access specialist.
Appears in 1 contract
Sources: Lease Agreement (Innovega Inc.)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits, if any legally required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not conduct do or permit to be done any sale by auction on act which will invalidate or increase the Premisescost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall not place any loads upon the floorscomply at its expense with all present and future laws, wallsordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system its use of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof provided such compliance will not have a material adverse effect or material economic impact on Tenant. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant’s failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Use. 11.1. The Premises shall be used and occupied by Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, general office purposes and for no other purposepurpose without the prior written consent of Landlord, which Landlord may withhold in its sole discretion. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building or the Project, with respect to the suitability thereof for the conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect or cause a cancellation of any fire or other insurance covering the Building, Common Area, or the Premises or any of its contents, nor shall Tenant senor permit to be kept, used or sold in or about the Premises any article which may be prohibited by a standard form policy of insurance. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant's failure to comply with the provisions of this Article 11. Tenant agrees that it will use the Premises in such manner as not to interfere with the rights of other tenants of the Building or Common Area. Tenant shall neither use nor allow the Premises, Building or Common Area to be used for any unlawful or objectionable purpose, nor cause, maintain or permit any nuisance or waste in, on or about any portion of the Project. Tenant will not place a load upon any floor exceeding the floor load which such floor was designed to carry, and Landlord reserves the right to prescribe the location of any safe or other heavy equipment in the Premises. Tenant shall not use or allow anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex this Project which will in any way obstruct conflict with any law, ordinance or interfere with governmental regulation or requirement of any board of fire underwriters or any duly constituted public authority now in force or hereafter enacted or promulgated affecting the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 occupancy of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant and shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall promptly comply with any existing covenant, condition, such law or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”requirements at its sole cost and expense. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit judgment of any tenant court of competent jurisdiction or occupant any admission by Tenant that Tenant has violated any such law, statute ordinance, rule, regulation or requirement shall be conclusive of the Complexsuch fact as between Landlord and Tenant.
Appears in 1 contract
Sources: Office Lease (Doubletwist Inc)
Use. (a) The Premises shall be used for general office, warehouse and light assembly purposes and for absolutely no other use or purpose without Landlord’s express written consent in ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall use not give notice of any auction, liquidation or going out of business sale on the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposePremises. Tenant shall not do or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way conflict with any all present and future statutes, laws, codes, regulations, ordinances, orders, rules, bylaws, administrative guidelines, requirements, directives and actions of any federal, state or local governmental or quasi-governmental authority, and other legal requirements of whatever kind or nature that are applicable to the Property, (including Environmental Laws and the Americans With Disabilities Act of 1990, and accessibility guidelines promulgated in connection therewith (the “ADA”), as the same may be amended from time to time) and any amendments, modifications or changes to any of the foregoing (collectively, “Laws”) or with the Rules and Regulations set forth on Exhibit F hereto, as such Rules and Regulations may be amended or supplemented by Landlord in writing from time to time, or which is prohibited by the standard form of fire insurance policy or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex Building or any part thereof, thereof or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents, or which will violate any restrictive covenant or other agreement now or hereafter of record and to which the Land is subject. Notwithstanding the foregoing, if ▇▇▇▇▇▇▇▇ agrees to allow Tenant to use the Premises in such a manner which results in an increase of rates payable by Landlord for fire or other insurance, then, in such event, Landlord shall have the right to require Tenant to the pay the cost of such increase. Tenant shall not permit any operation which emits any odor or matter which intrudes into other portions of the Building, use any apparatus or machine which makes unreasonable noise or causes vibration in any portion of the Building or otherwise do or permit anything to be done anything in, on in or about the Premises or the Complex which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Complex Building, or injure or unreasonably 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. Landlord acknowledges that Tenant intends to use radio frequency guided forklifts and wireless routers for its computer systems at the Premises.
(b) Subject to Landlord’s obligations to perform the Landlord’s Work and to obtain all required permits and certificates of occupancy related to Landlord’s Work, all as set forth in Exhibit D attached hereto, Tenant shall, at its sole cost and expense, obtain all permits, licenses and other approvals required by law for the conduct of its business, comply with and shall cause the Premises to comply with the requirements of all Laws including, without limitation, the ADA and local accessibility laws as they pertain to the conduct of ▇▇▇▇▇▇’s business or that of any party claiming by, through or under Tenant, including without limitation, those which require the making of alterations, modifications or changes to the Premises or the ComplexBuilding whether foreseen or unforeseen, ordinary or extraordinary, and whether or not the same are now or hereafter effective. Notwithstanding the foregoing, Tenant shall not be obligated to make repairs or alterations to the Premises in order to comply with Laws unless the need for such repairs or alterations arises from (i) the specific manner and nature of Tenant’s use or occupancy of the Premises, as distinguished from general office and warehouse use, (ii) the manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of the Tenant, including, without limitation, any Alterations made by or on behalf of Tenant, or (iv) a breach by Tenant of any provisions of this lease. Tenant shall also be responsible for the cost of compliance with all present and future Laws in respect of the Building and the Project to the extent arising from any of the causes set forth in clauses (i) through (iv) of the preceding sentence, in which event Tenant shall be responsible to perform, at Tenant’s sole cost and expense, such repairs or alterations, whether or not such compliance requires work which is structural or non-structural, ordinary or extraordinary, foreseen or unforeseen. Notwithstanding the foregoing to the contrary, to the extent that the Laws pertain to the base building systems serving the Building generally (and not components thereof or supplemental systems serving exclusively the Premises), the structural elements, the common areas, the Building as a whole or the Project, and modifications to thereto are required in order to bring the same into compliance with any of the Laws, Landlord shall be responsible for the compliance of such item(s) with the Laws, but, without prejudice to Landlord’s rights, if any, to include such items within Operating Expenses as defined in (and limited by) Section 4 of this Lease; provided, however, if any such required modifications or compliance are the result of any of the causes set forth in clauses (i) through (iv) above of this Section 7(b), all such costs shall be paid by Tenant. To the maximum extent this provision may be enforceable according to law, Tenant shall be responsible for the cost of repairs which may be made necessary by reason of damage to the Building caused by any act or neglect of Tenant, or its agents, employees, contractors or invitees (including any damage by fire or other casualty arising therefrom).
(c) Tenant acknowledges that the Project is served by a private wastewater treatment system (the “Septic System”). Tenant shall not conduct dispose of any sale by auction on sweepings, rubbish, rags, acids, petroleum products, Hazardous Substances (as hereinafter defined) or any other foreign substances in the Premises. Tenant shall not place any loads upon plumbing facilities which may clog, erode or damage the floorsplumbing pipes, wallsline or conduits, or ceilingSeptic System serving the Building and Tenant further agrees to indemnify Landlord for the cost of repair or cleaning the pipes, which endanger the structureplumbing, or place any harmful fluids Septic System or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. plumbing facilities and any other consequence or cost which may be incurred as a result of the violation of this obligation.
(d) During the Lease Term, neither Tenant nor any agents, employees, contractors, subtenants, licensees, invitees, customers or visitors of Tenant or anyone claiming by, through or under Tenant (collectively, the “Tenant Parties”), shall not utilize cause or permit the manufacturing, treatment, use, possession, processing, storage, disposal, handling, distribution, transportation, release, threatened release, discharge, leaking or remitting of any loudspeaker Hazardous Substance on, under, in or other device, system or apparatus, which can be heard outside from the Premises, without the prior Building or the Project, or any part thereof. Notwithstanding the foregoing, Landlord acknowledges and agrees that so long as all such usage, storage and disposal is in strict compliance with Environmental Laws and the Rules and Regulations, Tenant shall be entitled to use at the Premises ordinary cleaning supplies and office supplies containing de minimus amounts of Hazardous Substances, including, toner for photocopying machines and other similar materials, and other materials and substances customarily used and found in comparable industrial buildings. Upon receipt of a written consent request, ▇▇▇▇▇▇ shall disclose in writing to Landlord the identity of all Hazardous Substances present or used by Tenant at the Premises (other than ordinary cleaning supplies and office supplies as described in the preceding sentence) and complete and return to Landlord a Hazardous Materials Disclosure Certificate in the Landlord’s then standard form for the Building. Tenant shall not commit and any person or suffer to be committed any waste in entity acting at the direction or upon with the Premises. consent or knowledge of Tenant shall comply with any existing covenantall applicable local, conditionstate, or restriction federal laws, rules, regulations, principles of common law, ordinances and codes, as well as orders, decrees, judgments, injunctions, notices, plans or demand letters issued, promulgated, approved or entered thereunder, now or hereafter in effect pertaining to environmental contamination, clean-up, pollution, protection of the environment or public health and safety including, without limitation, “CERCLA”, “RCRA”, state lien or superlien statutes (the “CC&R’sEnvironmental Laws”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”). The provisions term “Hazardous Substance” shall mean any waste, substance, material, pollutant, contaminant, toxic or hazardous or extremely hazardous or acutely hazardous substance, waste, material, constituent or chemical that is regulated by, that forms the basis of liability under, or the presence of which in the environment is prohibited by or requires notification, investigation, or remediation under, any Environmental Laws, including without limitation, (A) those identified in Section 101(14) of CERCLA, as the same may be amended from time to time, and (B) petroleum and petroleum fractions, by-products or products. Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees and successors from any liability, loss, cost, injury, damage or other expense whatsoever, including, without limitation, reasonable attorneys’ fees, reasonable settlement costs, costs of monitoring, investigation and remediation, that may occur as a result of any violation or claim of violation of Environmental Laws by Tenant or any of the Tenant Parties, expressly excluding any conditions existing as of the Commencement Date. The indemnity by Tenant in the foregoing sentence shall be deemed to be continuing in nature and shall remain in full force and effect and shall survive the expiration or earlier termination of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexLease Agreement.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancesPermitted Use set forth in Section 1.01(e) hereof, and for no other purposepurposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises or the ComplexPremises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Project or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Project or any part thereof, thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all times during the Term of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of four persons for every one thousand square feet of the Premises without Landlord's consent. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor . Tenant shall Tenant cause, maintain or not permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of, within or about the Premises or any other portion of the Project, any asbestos-containing materials or any sold, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any existing covenantall applicable laws, conditionrules and regulations pertaining to and governing such use by Tenant, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are and shall remain liable for the benefit costs of Landlord only and shall not be construed any clean up or removal required to be for the benefit of any tenant performed with respect to such asbestos-containing, toxic or occupant of the Complexhazardous materials.
Appears in 1 contract
Sources: Office Lease (Carreker Antinori Inc)
Use. Tenant shall covenants and agrees to occupy and use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use and for no other purpose. Tenant shall , and to use them in a careful, safe, and proper manner; to pay on demand for any damage to the Premises caused by misuse or abuse thereof by Tenant, Tenant's agents or employees, or of any other person entering upon the Premises under express or implied invitation of Tenant, not do to use or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improperpurposes prohibited by the laws, immoralcodes, unlawful or objectionable purposerules, nor shall Tenant causeand regulations of the United States, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floors, wallsState of Colorado, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, applicable municipality or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semiquasi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlordgovernmental entity. Tenant shall not commit waste or suffer or permit waste to be committed or permit any waste nuisance on or in or upon the Premises. In the event that any officials shall hereafter at anytime contend or declare by notice, violation, order or in any other manner whatsoever that the Premises are used for a purpose which is a violation of any permit, certificate of occupancy, statute, ordinance or other requirement of law applicable to the Building Complex or the Premises, Tenant shall, upon five (5) days written notice from Landlord, immediately discontinue such use of the Premises. Tenant, at its sole expense, shall comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any existing covenantdirection of any public office or officers, conditionpursuant to law which shall impose any violation or duty upon Landlord or Tenant with respect to the Premises, or restriction (“CC&R’s”) affecting the Premisesuse or occupation thereof. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and Tenant shall not be construed use or suffer or permit any other firm or person to be use the Premises for any hazardous purpose or in any manner that will violate, suspend, void, make inoperative or increase the benefit rate of any tenant policies of insurance of any kind at any time carried by Landlord upon the Premises or occupant the Building Complex or the fixtures and property therein. Any increase in the cost of any insurance carried by Landlord attributable to Tenant's activities on the ComplexPremises or Tenant's failure to perform and observe Tenant's obligations and covenants hereunder shall be borne by Tenant and payable to Landlord from time to time on demand.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do use or permit allow the Premises to be done used for any unlawful purpose nor shall Tenant permit any nuisance or commit any waste in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsPremises. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in invalidate or increase the cost of any way obstruct insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with the rights its use and enjoyment of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant's failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances continuously during the term of this Lease for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, use specified in the Basic Lease Information and for no other purposepurpose without the written consent of Landlord. If any governmental license or permit, other than a Certificate of Occupancy, shall be required for the proper and lawful conduct of Tenant's business in the Premises or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy them, or nor use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, cause or maintain or permit any nuisance in, on, or about the Premises. Tenant shall not commit or allow the commission of any waste in, on, or about the Premises. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not do or permit anything to be done on or about the Premises or bring or keep anything therein which will in any way increase the Complexrate of any insurance upon the Building in which the Premises are situated or any of its contents or cause a cancellation of said insurance or otherwise affect said insurance in any manner. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or which may hereafter be in force ("Legal Requirements") and with the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use, or occupancy of the Premises, excluding structural changes not related to or affected by: (i) alterations or improvements made by or for Tenant or (ii) Tenant's acts. The judgment of any court of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord be a party thereto or not, that Tenant has so violated any such law, statute, ordinance, rule, regulation, or requirement, shall be conclusive of such violation as between Landlord and Tenant. Tenant shall not conduct use its best efforts to prevent any sale violation of applicable Legal Requirements by auction on the Premises. Tenant shall not place any loads upon the floorsits partners, wallsdirectors, or ceilingofficers, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only agents and shall not be construed to be for the benefit of any tenant or occupant of the Complexemployees.
Appears in 1 contract
Use. Tenant shall use the Premises only for general office use consistent with the character of a first class office building and shall not use or permit the Premises to be used for any other purpose without Landlord's prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeProject. Tenant shall not do use or permit occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be done in a violation of law or about of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on extended coverage or any other insurance policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant 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 Article. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 acknowledges that Landlord has recorded covenants, conditions and restrictions against the Premises on February 18, 1987 as Instrument Number 87/046032 in the Official Records of Alameda County, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions of ▇▇▇▇ Center Pleasanton on October 5, 1993 as Instrument Number 93366552, as further amended by that certain Second Amendment to Declaration of Easement and Maintenance Agreement on July 31, 1997 as Instrument Number 97191415, as further amended by that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions on November 17, 2000 as Instrument Number 2000341937, as further amended by that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions on August 17, 2000 as Instrument Number 2000341939 (as amended, the "CC&Rs"). Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&Rs, as the same may be amended from time to time, and all Applicable Laws. Tenant acknowledges that there have been and may be from time to time recorded easements and/or declarations granting or declaring easements for parking, utilities, fire or emergency access, and other matters. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such easements and declarations. Tenant's use of the Premises shall be subject to such guidelines as may from time to time be prepared by Landlord or the ▇▇▇▇▇▇ Corporate Park Owner's Association in their sole discretion. Tenant acknowledges that governmental entities with jurisdiction over the Premises may, from time to time promulgate laws, rules, plans and regulations affecting the use of the Premises, including, but not limited to, traffic management plans and energy conservation plans. Tenant's use of the Premises shall be subject to and Tenant shall comply with any and all such laws, rules, plans, and regulations. Tenant, at its sole cost, shall comply with any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing covenantand as amended, enacted, issued or adopted in the future which are or become applicable to Tenant, the Premises, the Building, the Common Area or the Project ("Environmental Laws"). If Tenant does store, use or dispose of any "Hazardous Materials" (as hereinafter defined), Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the Premises. As used herein, "Hazardous Materials" means any chemical, substance, material, controlled substance, object, condition, waste, living organism or restriction combination thereof, whether solid, semi solid, liquid or gaseous, which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (“CC&R’s”PCBs), refrigerants (including those substances defined in the Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to time) affecting and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of future listed, defined or regulated in any tenant manner by any Environmental Law based upon, directly or occupant of the Complexindirectly, such properties or effects.
Appears in 1 contract
Use. The Tenant shall use the Premises premises only for its general and executive offices in conformance connection with applicable governmental lawsTenant's computer consulting, regulationsmaintenance, rules equipment, assembly, installation and ordinances for the purpose of officesystems integration business including, sales, research training and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeseminar programs in connection therewith. Tenant shall not do use or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of a requirement such as the Certificate of Occupancy for the premises or the building, and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done in therein or about the Premises or the Complex, nor bring or keep or permit anything to be brought into or kept therein which, in or about the Premises or the Complexjudgement of Landlord, anything which is prohibited by or will reasonably exercised, shall in any way increase (i) impair the existing rate character, reputation or appearance of (or otherwise affect) fire or any insurance covering the Complex or any part thereofbuilding, or (ii) impair or interfere with any of its contentsthe building systems or services or the proper and economic operation of the building, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct (iii) impair or interfere with the rights use of any of the other areas of the building or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complexbuilding. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. If any license or permit of a governmental authority shall be required for the proper and lawful conduct of Tenant's business or other activity carried on in the premises, and if the failure to secure such license or permit might or would, in any sale way, affect Landlord, then Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by auction on Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the Premisesrequirements of each such license or permit. The use of the premises shall not in any event be deemed to include, and Tenant shall not place use or permit the use of the premises or any loads upon part thereof for (a) the floorssale, wallspreparation or consumption of food or beverages (alcoholic or non-alcoholic), except by its employees and persons invited by it in connection with the furtherance of its business and prospects, (b) a banking or ceilingsafe deposit business or a money exchange, which endanger (c) as a stock brokerage office, (d) the structureconduct of a school of any kind (other than a training center for employees or customers or prospective customers of Tenant), (e) an employment agency, (f) the conduct of any business, organization or place any harmful fluids or other materials activity in which, in the drainage system reasonable judgment of Landlord, may create or fost▇▇ ▇▇ unusual risk to the security of the building or of any of its tenants or occupants, (g) for the Buildingspurpose of manufacturing, requiring or overload existing electrical servicing of products or goods of whatsoever kind or nature except in connection with Tenant's use of premises as described in paragraph first, above, (h) the sale or display of goods or merchandise of any kind or retail purposes, or, (i) the conduct of any business which involves direct patronage of the general public in the premises, such as, by way of illustration, a medical or other mechanical systemshealth maintenance office or a travel agent. Tenant The premises shall not dump be used, at any waste materials time, by a government or refuse upon governmental agency or authority. SIGNS No signs, advertisements or notices shall be exhibited, inscribed, painted or affixed by Tenant on any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose premises or on the inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, premises which can be heard seen outside of the Premises, premises without the prior written consent of the Landlord. In the event of the violation of the foregoing by any tenant, Landlord may remove the same without any liability, and may charge the expense incurred by such removal to the Tenant. Landlord shall have the right to prohibit any advertising by Tenant which, in the opinion of Landlord, impairs the reputation of the building or its desirability as a building or space therein available for rent, and upon written notice from Landlord, Tenant shall not commit refrain from or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexdiscontinue such advertising.
Appears in 1 contract
Use. Tenant warrants and represents to Landlord that the Leased Premises shall use the Premises only in conformance with applicable governmental laws, regulations, rules be used and ordinances occupied solely for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, purposes set forth in Article 1 and for no other purposepurposes whatsoever. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and will not create a nuisance. Tenant shall not do permit any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, use any apparatus or machine which makes undue noise or causes undue vibration in any portion of the Building or otherwise materially interfere with, annoy or disturb any other lessee in its normal business operations or Landlord in its management of the Building. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be done used in any way which would, in the reasonable opinion of Landlord, be extra hazardous on account of fire or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will would in any way increase or render void the existing rate fire insurance on the Building. If any governmental license or permit shall be required for the proper and lawful conduct of (Tenant's business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or otherwise affect) fire or any insurance covering permit and shall at all times comply with the Complex or any part thereof, or any terms and conditions of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentssame. Tenant shall not do or permit to be done anything in, on or about at any time knowingly suffer the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Leased Premises to be used or occupied in violation of (i) the Certificate of Occupancy for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises or for the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floorsBuilding, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of (ii) any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for Lease, or (iii) zoning ordinances, and rules and regulations of governmental and quasi governmental authorities having jurisdiction over the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexBuilding.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 commit any waste in the Premises or the ComplexProject. Tenant shall not perform any work or conduct any sale by auction on business whatsoever in the Project other than inside the Premises. Tenant shall not place any loads upon do or permit to be done anything which will invalidate or increase the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system cost of any of insurance policy(ies) covering the BuildingsBuilding, or overload existing electrical or other mechanical systemsthe Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall not dump any waste materials comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or refuse upon any part its use of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, including without the prior written consent limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenantcovenants, conditionconditions, easements or restriction (“CC&R’s”) reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s use and enjoyment of the Premises. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant’s failure to comply with the provisions of this Paragraph are for Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. Any capital improvements that Tenant shall be required to make pursuant to this Section 5.1 or other provisions of this Lease (including, without limitation, Section 7.1) which shall have a useful life that extends beyond the benefit expiration of Landlord only the Term and which shall not be construed required as a result of Tenant’s unique situation, unique improvements in the Premises or unique use of the Premises, shall be amortized over such useful life of such capital improvements (calculated at market cost of funds) and, notwithstanding anything to the contrary in this Lease, Tenant shall be responsible only for the benefit of any tenant or occupant of amortized costs attributable to the ComplexTerm and Landlord shall be responsible for the balance.
Appears in 1 contract
Sources: Lease (AutoTrader Group, Inc.)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposePermitted Use (as defined in the Basic Lease Information). Tenant shall not do occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed by Landlord to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or that will in any way invalidate or increase the existing rate of insurance on the Building or its contents. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such insurance by reason of Tenant’s failure to comply with the provisions of this Paragraph. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, interfere with, annoy or disturb other tenants or interfere with Landlord in the management of the Building, the Property or the Park. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other agencies or bodies having jurisdiction over the Premises and governing the use, condition or occupancy of the Premises, whether existing as of the Commencement Date or enacted subsequent thereto.
(b) If any governmental license or otherwise affect) fire or any insurance covering permit shall be required for the Complex proper and lawful conduct of Tenant’s business in the Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord. Landlord agrees to cooperate with Tenant and to execute such applications, certificates and other documents as Tenant shall reasonably request in order for Tenant to procure or maintain any such license or permit, provided that same is at no cost or expense to Landlord. Tenant shall at all times comply with the terms and conditions of its contents, each such license or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentspermit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Premises, or do or permit anything to be done anything inin the Premises, on or about the Premises or the Complex which will in any way obstruct manner which (i) violates the existing, permanent Certificate of Occupancy for the Premises; (ii) causes or interfere with is likely to cause injury to the rights of other tenants Building or occupants any equipment, facilities or systems therein; (iii) constitutes a violation of the Complex Legal Requirements; (iv) materially impairs the character, reputation 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside appearance of the Building as Class A office Buildings; or (v) materially impairs the proper where designated by Landlord. Tenant shall not store any materialsand economic maintenance, supplies, operation and repair of the Building and/or its equipment, finished products facilities or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexsystems.
Appears in 1 contract
Use. Throughout the Term (hereinafter defined) of this Lease, Tenant shall continuously use and occupy the Premises only in conformance with applicable governmental lawsfor general and executive offices, regulationswarehousing and the installation, rules operation and ordinances for the purpose maintenance of officetelecommunications equipment and transmission facilities, salesincluding but not limited to, research a switch facility and developmentcustomer collocation provising equipment, and other uses normally related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, thereto (the "Permitted Use") and for no other purpose. Tenant at its sole expense shall not do or permit to be done in or about the Premises or the Complexcomply with all laws, nor bring or keep or permit to be brought or kept in or about the Premises or the Complexrules, anything which is prohibited by or will in orders and regulations of federal, state, county and municipal authorities and with any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation direction of any insurance covering the Complex public officer or any part thereofofficers, or any of its contents. Tenant shall not do or permit pursuant to be done anything inlaw, on or about the Premises or the Complex which will in impose any way obstruct duty upon Landlord or interfere Tenant with the rights respect to or arising out of other tenants or occupants of the Complex or injure or annoy them, or Tenant's 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 or the Complex. Tenant shall not conduct any sale by auction on occupancy of the Premises. If 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 receives notice of any violation of law, ordiance, order or regulation applicable to the BuildingsPremises, or overload existing electrical or other mechanical systems. Tenant it shall not dump any waste materials or refuse upon any part of give prompt notice thereof to the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store injure, overload, deface or commit waste in the Premises, or any materialspart of the Building, supplies, equipment, finished products or semi-finished products, raw materials or articles nor permit the occurrence of any nature upon nuisance therein or, unless otherwise permitted herein, the emission therefrom of any objectionable noise or odor, nor use or permit any use of the Premises which is improper, offensive, contrary to law or on ordinance or which is liable to render necessary any alterations or additions in the Building, nor obstruct in any manner any portion of common area of the ComplexBuilding or appurtenant land. Tenant shall may not, without Landlord's prior written consent, install in the Premises any water fountains, refrigerators, sinks or cooking equipment, provided that Landlord's consent will not utilize any loudspeaker be unreasonably withheld with respect to items designed for the convenience of Tenant's employees and further provided that special venting or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall matters are not commit or suffer to be committed any waste required in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complexconnection therewith.
Appears in 1 contract
Sources: Lease Agreement (BGS Systems Inc)
Use. Tenant shall use the Premises only for general office purposes and purposes incident thereto in conformance compliance with applicable governmental lawsExhibit H, regulations, rules and ordinances for the purpose of office, sales, research and developmentHazardous Waste, and related uses necessary shall not use or permit the Premises to be used for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all any other governmental laws, regulations, rules and ordinances, and for no other purposepurpose without the prior written consent of Landlord. Tenant shall not do use or permit 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 use of the Premises which is declared by any governmental authority having jurisdiction to be done a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law or of said Certificate of Occupancy. Tenant may not offer shared tenant services, such as but not limited to telecommunications, data processing or word processing, to any unaffiliated tenant in the Building without Landlord's prior written consent, which consent may be withheld by Landlord at its sole and absolute discretion. Tenant shall not install any radio or about television antenna, loudspeaker or other device on the roof or exterior walls of the Building. Tenant shall not interfere with radio or television broadcasting or reception from or in the Building or elsewhere. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the Complex, nor bring use or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part occupation thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything inwhich will invalidate or increase the cost of any fire, on 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 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 Paragraph S. Tenant shall not do or permit anything to be done in or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in in, or upon the PremisesPremises and shall keep the Premises in first class repair and appearance. Tenant shall comply 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 any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premisespartitions to be considered a part of the live load. A copy Landlord reserves the right to prescribe the weight and position of all existing CC&Rs are attached hereto safes, files and heavy equipment which Tenant desires to place in the Premises so as Exhibit “C”to distribute properly the weight thereof. The provisions Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of this Paragraph are for the benefit of earth movements. Landlord only and shall not be construed to be responsible for the benefit of any tenant damage or occupant of the Complexliability for such events.
Appears in 1 contract
Sources: Lease Agreement (Synon Corp)
Use. Tenant shall agrees to use the Premises only in conformance with applicable governmental lawsfor general office purposes and agrees not to use nor permit the use of the Premises or any part thereof for any other purpose, regulations, rules and ordinances except that Tenant may use the Premises for the purpose conduct of officea 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, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall agrees not to do or permit to be done in or about the Premises or the ComplexBuilding, nor to bring or keep or permit to be brought or kept in or about the Premises or the ComplexBuilding, 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 covering on the Complex or any part thereof, Building or any of its contentscontents (with the 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, or will cause a cancellation Tenant shall pay to Landlord, as Additional Rent, upon demand the amount of any insurance covering the Complex or any part thereof, or any of its contentssuch increase. Tenant shall agrees not to do or permit to be done anything in, on or about the Premises or the Complex Building, or permit to be done in, on or about the Premises, anything which will in any way unreasonably obstruct or interfere with the rights of other tenants or occupants of the Complex Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purpose or objectionable purpose, nor shall any purpose inconsistent with the use generally acceptable in Comparable Buildings (as defined in Paragraph 29(b)). Tenant cause, agrees not to cause or maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction Building, or permit in, on or about the Premises. Tenant shall not place any loads upon the floors, wallsa nuisance, nor to use, or ceilingpermit to be used from the Premises, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, apparatus which can be heard outside the Premises, Premises without the prior written consent of LandlordLandlord 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 shall agrees not to commit or suffer to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph 8 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexBuilding.
Appears in 1 contract
Sources: Lease Agreement (JMP Group Inc.)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy themthe Project, 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 inor commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Premises or the ComplexProject. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), then Tenant shall not conduct any sale only be responsible for the amortized cost of such capital improvement (amortized at a market cost of funds as reasonably determined by auction on Landlord) over the Premises. Tenant shall not place any loads upon useful life of said improvement during the floorsTerm, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials except in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part event such obligation for capital improvements is required due to Tenant’s particular use of the Premises or outside of the Buildings, except (in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. which case Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles be fully responsible for the entire cost and installation of any nature upon each capital investment). Subject to the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The express provisions of this Paragraph are for the benefit of Landlord only Lease, Tenant shall have full access to and shall not be construed to be for the benefit of any tenant or occupant use of the ComplexPremises twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year.
Appears in 1 contract
Sources: Lease (Micro Therapeutics Inc)
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant’s permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do use or permit allow the Premises to be done in or about the Premises or the Complexused for any unlawful purpose, nor bring shall Tenant permit any nuisance or keep or permit to be brought or kept commit any waste in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsPremises. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in invalidate or increase the cost of any way obstruct insurance policy(ies) covering the Building or its contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with the rights its use and enjoyment of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building, and any existing covenantamendments or modifications thereto, condition, including without limitation the payment by Tenant of any periodic or restriction (“CC&R’s”) affecting special dues or assessments charged against the PremisesPremises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. A copy Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of all existing CC&Rs are attached hereto as Exhibit “C”. The Tenant’s failure to comply with the provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant’s noncompliance.
Appears in 1 contract
Sources: Industrial Lease (Sunpower Corp)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of general office, saleslight manufacturing, research and development, and related storage and other uses necessary for Tenant to conduct its Tenant's business, provided that such uses are permitted and conform to city zoning shall be in accordance with all applicable governmental laws and all other governmental laws, regulations, rules and ordinances, and for no other purpose. Tenant shall not do or permit to be done in or about the Premises or the Complex, Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not knowingly do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant knowingly cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any 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 any of the Buildingsbuilding, or overload existing electrical or other mechanical systems. Tenant shall not dump any No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises or outside of the Buildingsbuilding 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 building proper where designated by Landlord. Tenant shall not store any 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 or on any portion of common area of the Complex. Tenant shall not utilize any No loudspeaker or other device, system or apparatus, apparatus which can be heard outside the Premises, 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, attorneys' fees, or liability arising out of failure of Tenant to comply with any existing applicable law. Tenant shall comply with any covenant, condition, or restriction (“"CC&R’s”'s") affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.
Appears in 1 contract
Sources: Lease Agreement (Transmeta Corp)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentuse set forth in Subparagraph 1(n), and related uses necessary shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to conduct its business, provided such uses use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and suitable for no other purposea particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or Project, or injure or annoy them, or (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall comply with all present and future covenants, conditions, and restrictions or other restrictive covenants and obligations, whether or not place any loads upon the floors, walls, or ceilingof record, which endanger affect the structure, or place any harmful fluids or other materials in the drainage system use and operation of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent Building, the Common Areas or the Project, or any portion thereof, provided that Landlord shall not adopt or agree to any restrictions that materially interfere with the operation of LandlordTenant’s business in the Premises as permitted under this Lease or any rights of Tenant under this Lease. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in the condition required under Paragraph 15(a). Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in (i) the Common Areas, except as provided Table of Contents below, and (ii) the Premises to the extent, but only to the extent, any alterations to the Premises are directly required by the City of San Diego in connection with Landlord’s Work, (b) except as provided in Clause (a)(ii), above, Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of travel” requirements triggered by Tenant Alterations in the Premises other than Landlord’s Work, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s particular use of the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are be solely responsible for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant requirements under Title I of the ComplexADA relating to Tenant’s employees.
Appears in 1 contract
Sources: Lease Agreement (Synbiotics Corp)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentuse set forth in Subparagraph 1(m), and related uses necessary shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to conduct its business, provided such uses use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and suitable for no other purposea particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable governmental authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or Project, or injure or annoy them, or (iii) use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads upon the floorscomply with all present and future covenants, wallsconditions, and restrictions or ceilingother restrictive covenants and obligations, which endanger affect the structure, or place any harmful fluids or other materials in the drainage system use and operation of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of LandlordBuilding, the Common Areas or the Project, or any portion thereof. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first-class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant’s business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, “ADA”) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant’s business is deemed a “public accommodation” or “commercial facility”, (2) whether such requirements are “readily achievable”, and (3) whether a given alteration affects a “primary function area” or triggers “path of travel” requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas, except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III “path of Landlord’s Initials Tenant’s Initials travel” requirements triggered by Tenant Alterations in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the Common Areas necessitated by the Building being deemed to be a “public accommodation” instead of “commercial facility” as a result of Tenant’s use of the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are be solely responsible for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant requirements under Title I of the ComplexADA relating to Tenant’s employees.
Appears in 1 contract
Use. 2.01 Tenant shall use and occupy the Demised Premises only for executive and general offices in conformance connection with applicable governmental laws, regulations, rules and ordinances for the purpose conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Tenant's [DESCRIBE BUSINESS] business and for no other purpose. Tenant represents and warrants that it is duly formed and in good standing, and has full corporate, partnership or limited liability company power and authority, as the case may be, to enter into this Lease and has taken all corporate, partnership or limited liability company action, as the case may be, necessary to carry out the transaction contemplated herein, so that when executed, this Lease constitutes a valid and binding obligation enforceable in accordance with its terms. Tenant shall not do provide Landlord with corporate resolutions, the operating agreement, the partnership agreement or permit other proof in a form acceptable to Landlord, authorizing the execution of this Lease at the time of execution.
2.02 If any governmental license or permit, other than a Certificate of Occupancy, shall be done required for the proper and lawful conduct of Tenant's business in or about the Premises or the ComplexDemised Premises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do and if failure to secure such license or permit to be done anything in, on or about the Premises or the Complex which will would in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy themaffect Landlord, or use or allow the Premises to be used for any improperTenant, immoralat its expense, unlawful or objectionable purpose, nor shall Tenant cause, duly procure and thereafter maintain such license or permit any nuisance in, on or about and submit the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord same for that purpose or inside of the Building proper where designated inspection by Landlord. Tenant shall not store any materials, supplies, equipment, finished products at all times comply with the terms and conditions of each such license or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. permit.
2.03 Tenant shall not utilize at any loudspeaker time use or other deviceoccupy, system or apparatussuffer or permit anyone to use or occupy, which can be heard outside the Demised Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer do or permit anything to be committed any waste done in or upon the Demised Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting in violation of the Premises. A copy Certificate of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are Occupancy for the benefit of Landlord only and Demised Premises or for the Building.
2.04 The Demised Premises shall not be construed used for any purpose which would tend to be for lower the benefit of any tenant or occupant first-class character of the ComplexBuilding, create unreasonable or excessive elevator or floor loads, impair or interfere with any of the Building operations or the other areas of the Building by any other tenants or, impair the appearance of the Building.
Appears in 1 contract
Sources: Lease (Aveta Inc)
Use. Tenant shall use the Premises only in conformance for any legal use consistent with applicable governmental laws, regulations, rules the character and ordinances zoning for the purpose of Real Property, including, without limitation, general office, sales, research and development, assembly, manufacturing, warehouse and related uses necessary for Tenant to conduct its business, provided such uses are permitted administration purposes consistent with the character of the Building as a first-class research and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancesdevelopment building, and for no other purpose. Tenant shall not do use or permit to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful other purpose or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complexpurposes whatsoever. Tenant shall not conduct use, or suffer or permit any sale by auction on person or persons to use, the Premises, the Building and/or the Real Property, or any part thereof, for any use or purpose contrary to the provisions of Exhibit D attached hereto, or in violation of the laws of the United States of America, the state in which the Real Property is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Real Property. 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of be solely responsible for ensuring that the Premises or outside are adequate to fully meet the needs and requirements of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside its intended use and operation of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside its business within the Premises, without the prior written consent of Landlord. and, further, Tenant shall not commit be solely responsible for complying with all applicable laws and requirements of the City of San J▇▇▇ and any other local municipal or suffer to be committed any waste in county governing body or upon other lawful authorities having jurisdiction over the PremisesReal Property. Tenant shall comply with any existing covenantthe Rules and Regulations and all recorded covenants, conditionconditions, and restrictions, and the provisions of all ground or restriction (“CC&R’s”) underlying leases, now or hereafter affecting the PremisesReal Property. A copy Landlord represents that, as of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions the date of mutual execution and delivery of this Paragraph are for Lease, Landlord has not entered into any ground lease affecting the benefit of Real Property. Except as otherwise required by law or court order, Landlord only and shall not be construed to be for enter into or modify any Rules and Regulations or covenants, conditions, and restrictions affecting the benefit of any tenant Real Property without Tenant’s consent that materially increase Tenant’s obligations or occupant of materially decrease Tenant’s rights under the ComplexLease.
Appears in 1 contract
Sources: Lease Agreement (Netgear, Inc.)
Use. (a) Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and developmentuse set forth in Subparagraph 1(1), and related uses necessary shall not use or permit the Premises to be used for any other purpose without Landlord's prior written consent, which may be withheld in Landlord's sole and absolute discretion. Nothing contained herein shall be deemed to give Tenant any exclusive right to conduct its business, provided such uses use in the Building or Project or shall be deemed to be a warranty by Landlord that the Premises are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and suitable for no other purposea particular use. Tenant shall not use or occupy the Premises in violation of any present or future applicable law, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any applicable authority to be a violation of law. Tenant shall comply with any direction of any such governmental authority which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Notwithstanding any circumstantial factors judicially developed as a means of allocating the obligation to make alterations to the Premises in order to comply with present or future laws, it is the intention of the parties that such obligations with respect to the Premises are those of the Tenant and are accordingly reflected in rental payments and other consideration under this Lease. Tenant shall comply with all rules, orders, regulations and requirements of such generally recognized fire rating organization(s) as Landlord may specify from time to time. Tenant shall promptly, upon demand, reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to comply with the provisions of this Paragraph 8. Tenant shall take all steps required to ensure that neither Tenant nor its contractors or invitees (i) Violate any governmental regulations, ordinances, or laws applicable to the Premises, (ii) do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or Project, or injure or annoy them, or (iii) use or allow the Premises to be used for any improper, improper immoral, unlawful or objectionable purpose, nor shall Tenant or (iv) cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction on the Premises. Tenant shall comply with all present and future covenants conditions and restrictions or other restrictive covenants and obligations, whether or not place any loads upon the floors, walls, or ceilingof record, which endanger affect the structure, or place any harmful fluids or other materials in the drainage system use and operation of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of LandlordBuilding, the Common Areas or the Project, or any portion thereof. Tenant shall not commit or suffer to be committed any waste in or upon the PremisesPremises and shall keep the Premises in good order, condition and repair. Tenant shall comply not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, with partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all files, safes and heavy equipment which Tenant desires to place in the Premises so as to properly distribute the weight thereof. Further, Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building or Project shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load in the Premises.
(b) Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, "ADA") establish requirements for business operations, accessibility and barrier removal and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things:
(1) whether Tenant's business is deemed a "public accommodation or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance in the Common Areas in connection with any existing covenantdevelopment of the New Building (b) Tenant shall be responsible for ADA Title III compliance in the Premises, conditionincluding any tenant improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or restriction (“CC&R’s”) affecting require that Tenant perform, and Tenant shall be responsible for the cost of ADA Title III "path of travel" requirements triggered by Tenant Alterations in the Premises. A copy of all existing CC&Rs are attached hereto , and (d) Landlord may perform, or require Tenant to perform, and Tenant shall, except as Exhibit “C”. The provisions of this Paragraph are provided in Clause (a), above, be responsible for the benefit cost of Landlord only and ADA Title III compliance in the Common Areas. Tenant shall not be construed to be solely responsible for the benefit of any tenant or occupant requirements under Title I of the ComplexADA relating to Tenant's employees.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Use. Tenant shall use and occupy the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinancesPermitted Use set forth in Section 1.01(e) hereof, and for no other purposepurposes. Tenant shall not use or permit the Premises or any portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tenant shall not do or permit anything to be done in or about the Premises or the ComplexPremises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Project or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Project or any part thereof, thereof or any of its contents. In the event that, by reason of any acts of Tenant or its conduct of business, there shall be any increase in the rate of insurance on the Building or its contents, Tenant hereby agrees to pay such increase. Tenant covenants that at all times during the term of this Lease, Tenant will not allow occupancy of the Premises to exceed a ratio of three (3) persons for every one thousand (1,000) square feet of Premises without Landlord's consent. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex and/or Project which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Project or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor . Tenant shall Tenant cause, maintain or not permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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. Without limitation of the foregoing, Tenant shall not, without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of within or about the Premises or any other portion of the Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent to Tenant pursuant to the foregoing sentence, Tenant shall comply with any existing covenantall applicable laws, conditionrules and regulations pertaining to and governing such use by Tenant, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are and shall remain liable for the benefit costs of Landlord only and shall not be construed any clean up or removal required to be for the benefit of any tenant performed with respect to such asbestos-containing, toxic or occupant of the Complexhazardous materials.
Appears in 1 contract
Sources: Office Lease (Ivg Corp)
Use. The Leased Premises are leased to Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances solely for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, Permitted Use set forth in Article 1.9 above and for no other purposepurpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire affect any casualty or any other insurance covering on the Complex Building or any part thereofthe Property, or any of its their respective contents, ) or will make void or voidable or cause a cancellation of any insurance policy covering the Complex Building or the Property, or any part thereof, thereof or any of its their respective contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or Leased Premises, the Complex Building and/or the Property which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or the Property or injure or annoy them, or . Tenant shall not use or allow the Leased 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 or the Complex. Tenant shall not conduct any sale by auction on the Leased 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlordand/or the Property. Tenant shall not store any materialsIn addition, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Property. Tenant shall not use the Leased Premises, the Building and/or the Property or permit anything to be done in or about the Leased Premises, the Building and/or the Property which will in any way conflict with any matters of record, or any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the requirements of any existing covenantBoard of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or restriction (“CC&R’s”) affecting occupancy of the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The provisions judgment of this Paragraph are for any court of competent jurisdiction or the benefit admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord only and Tenant. In addition, Tenant shall not be construed to be for the benefit of place a load upon any tenant or occupant floor of the ComplexLeased Premises which exceeds the load per square foot which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the Leased Premises which cause noise or vibration that may be transmitted to the structure of the Building.
Appears in 1 contract
Sources: Office Lease (Pegasus Solutions Inc)
Use. Tenant (a.) The Premises shall use the Premises only in conformance with applicable governmental laws, regulations, rules be used for general office purposes and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposewithout the prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. Tenant shall not do or permit to be done in or about the Premises or the ComplexPremises, nor bring or keep or permit to be brought or kept in or about the Premises or the Complextherein, anything which is prohibited by or will would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the standard form of fire insurance policy, or would in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents. Tenant shall not do or permit anything to be done anything in, on in or about the Premises or the Complex which will would in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purposepurposes, nor shall Tenant cause, maintain or permit any nuisance or waste in, on or about the Premises.
(b.) Tenant shall not cause or permit the storage, use, generation, release, or disposal (collectively, "Handling") of any Hazardous Materials (as defined below), in, on, or about the Premises or the Complex. Building by Tenant or any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant (collectively with Tenant, "Tenant Parties"), except that Tenant shall not be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities("Common Office Chemicals"), providing that the Handling of such Common Office Chemicals shall comply at all times with all Hazardous Materials Laws (as defined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any sale usage of Common Office Chemicals in a manner that may cause the Premises or the Building to be contaminated by auction on any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant's obligations under this Paragraph shall survive the Premisesexpiration or other termination of this Lease. Tenant shall not place For purposes of this Paragraph, "Hazardous Materials" means any loads upon the floorsexplosive, wallsradioactive materials, hazardous wastes, or ceilinghazardous substances, which endanger the structureincluding without limitation, asbestos containing materials, PCB's, CFC's, or place any harmful fluids substances defined or other regulated as hazardous substances or hazardous materials in the drainage system Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 42 U.S.C. Section 1001-1012, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Federal State or local law, ordinance or regulation. "Hazardous Materials Laws" shall mean all Federal, State, and local laws, ordinances and regulations defining, regulating, restricting or otherwise governing the storage, use, generation, release or disapproval of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexHazardous Materials.
Appears in 1 contract
Sources: Office Lease (Smartage Corp)
Use. Tenant The Premises shall use only be used as headquarters office and training (the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, "Specified Use") and for no other purposepurposes, without Landlord's prior written consent, which consent shall be in Landlord's sole discretion. Any proposed revision of the Specified Use by Tenant shall be for a use consistent with those customarily found in first-class office buildings. Reasonable grounds for Landlord withholding its consent shall include, but not be limited to:
a) the proposed use will place a disproportionate burden on the Building systems; b) the proposed use is for governmental or medical purposes or for a company whose primary business is that of conducting boiler-room type transactions or sales; c) the proposed use would generate excessive foot traffic to the Premises and/or Building. So long as Tenant is in control of the Premises, Tenant covenants and agrees that it shall not use, suffer or permit any person(s) to use all or any portion of the Premises for any purpose in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the City or County of Los Angeles, or other lawful authorities having jurisdiction over the Building. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or unreasonably interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy them, or . Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful pornographic or objectionable purposeviolent purposes, nor shall Tenant cause, commit, maintain or permit the continuance of any nuisance or waste in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of use the Premises in any manner that in Landlord's reasonable judgment would adversely affect or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply interfere with any existing covenant, condition, services Landlord is required to furnish to Tenant or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other tenant or occupant of the ComplexBuilding, or that would interfere with or obstruct the proper and economical rendition of any such service.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in conformance Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental lawsagencies and authorities. The parties agree that any additional use without the prior written consent of Landlord shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, regulationsat its expense, rules shall procure, maintain and ordinances make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the purpose proper and lawful conduct of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are Tenant's permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposeuse of the Premises. Tenant shall not do use or permit allow the Premises to be done used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in or about the Premises or the Complex, nor bring Site. Tenant shall not perform any work or keep or permit to be brought or kept conduct any business whatsoever in or about the Premises or Site other than inside the Complex, anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contentsPremises. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct invalidate or increase all applicable insurance policy(ies) covering the Building, the Site and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or not Tenant's compliance will necessitate expenditures or interfere with the rights of other tenants or occupants its use and enjoyment of the Complex Premises. Notwithstanding the foregoing or injure anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any applicable requirements where such compliance is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or annoy them, or use or allow the Premises to be used for any improperstructurally strengthened against earthquake, immoralor should require the removal of asbestos from the Premises, unlawful and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or objectionable purposeoccupancy of the Premises, nor such work shall Tenant cause, maintain or permit any nuisance in, on or about be performed by and at the Premises or sole cost of Landlord (subject to inclusion in Site Costs if and to the Complexextent permitted pursuant to Section 4.2 above). Tenant shall not conduct any sale by auction on the Premises. Tenant shall not place any loads promptly upon the floors, walls, or ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by demand reimburse Landlord for that purpose or inside any additional insurance premium charged by reason of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside the Premises, without the prior written consent of Landlord. Tenant shall not commit or suffer Tenants failure to be committed any waste in or upon the Premises. Tenant shall comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only Section, and shall not be construed to be for the benefit of indemnify Landlord from any tenant or occupant of the Complexliability and/or expense resulting from Tenant's noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises only for Office/production/warehousing and incidental uses and hereby agrees that it has determined to its satisfaction that the Premises can be used for those purposes. Tenant waives any right to terminate this lease in conformance with applicable governmental laws, regulations, rules and ordinances the event the Premises cannot be used for such purposes during the Lease term. The premises may not be used for any other purpose of office, sales, research and development, and related uses necessary for Tenant to conduct its business, provided such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposewithout Landlord's written consent. Tenant shall not do or permit anything to be done in or about the Premises or the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything therein which is prohibited by or will in any way increase the existing rate of (or otherwise affect) affect any fire or any other insurance covering upon the Complex or any part thereof, Building or any of its contents, or will cause a cancellation of any insurance policy covering the Complex Building or any part thereof, thereof or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any way obstruct or interfere with the rights of other tenants or occupants of the Complex Building or injure or annoy them, 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 or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with not place upon or install in windows or other openings or exterior sides of doors or walls of the Premises any existing covenantsigns, conditionsymbols, drapes or other materials without written consent of Landlord. Tenant shall not, without Landlord's prior written consent, keep any substances designated as, or restriction containing components designated as, hazardous, dangerous, toxic, or harmful, and/or subject to regulation under any federal, state, or local law, regulation, or ordinance on or around the Premises, common area, or property, except office supplies, ordinary cleaning products and the like, normally found in general business offices, which Tenant shall use, store and dispose of in accordance with manufacturer's and suppliers' recommendations and all applicable laws. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs and any and all other charges, fees, fines expenses and penalties relating to the use, storage, disposal, transportation, generation or sale by Tenant (“CC&R’s”or its employees, agents, contractors or invitees) affecting of hazardous substances on the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for Landlord gives Tenant and its employees, authorized representatives, and business invitees a nonexclusive right to the benefit of Landlord only reasonable use and shall not be construed to be for the benefit of any tenant or occupant enjoyment of the ComplexCommon Areas, subject to Landlord's rights set forth herein.
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 purpose Permitted Use and shall comply, at its sole cost, with all Laws relating to the specific manner of officeits use, salescondition and occupancy of the Premises. Tenant may use the Premises twenty-four hours per day, research seven days per week. Notwithstanding the foregoing, it is understood and development, agreed that Landlord shall be responsible for the cost of compliance with any building code requirements which are applicable generally to the Building and related uses necessary for Tenant to conduct its business, provided not the result of Tenant's specific use of the Premises and such uses are permitted and conform to city zoning laws and all other governmental laws, regulations, rules and ordinances, and for no other purposecosts shall not be included as Operating Costs. Tenant shall not do be responsible to comply with any legal requirements relating to the structure of the Building or permit relating to be done in conditions or about repair which are the responsibility of the Landlord under this Lease. Landlord hereby represents and warrants that on the Commencement Date, the Premises and the common areas of the Building, the Land and the Park are in full compliance with all applicable laws, ordinances and regulations of all federal, county and municipal authorities, including the Americans With Disabilities Act, any regulations promulgated thereunder and any similar Laws.
(b) If, because of Tenant's or a Tenant Party's acts, the Complex, nor bring or keep or permit to be brought or kept in or about the Premises or the Complex, anything which is prohibited by or will in any way increase the existing rate of (insurance on the Building or otherwise affect) fire its contents increases, Tenant shall pay to Landlord the amount of such increase, as Additional Rent, and acceptance of such payment shall not waive any of Landlord's other rights. Tenant shall conduct its business and control any assignees or any insurance covering the Complex subtenants claiming by, through, or any part thereof, under Tenant or any of its contentstheir respective agents, contractors, employees and invitees (each a "TENANT PARTY") so as not to create any nuisance or will cause a cancellation of any insurance covering the Complex 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 or the Complex which will in any way obstruct or unreasonably ------------- interfere with the rights of other tenants or occupants Landlord in its management of the Complex or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises or the Complex. Tenant shall not conduct any sale by auction 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 any of the Buildings, or overload existing electrical or other mechanical systems. Tenant shall not dump any waste materials or refuse upon any part of the Premises or outside of the Buildings, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the Building proper where designated by Landlord. Tenant shall not store any materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature upon the Premises or on any portion of common area of the Complex. Tenant shall not utilize any loudspeaker or other device, system or apparatus, which can be heard outside 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 comply with any existing covenant, condition, or restriction (“CC&R’s”) affecting the Premises. A copy of all existing CC&Rs are attached hereto as Exhibit “C”. The provisions of this Paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the ComplexBuilding.
Appears in 1 contract
Sources: Lease Agreement (Dset Corp)