Compliance with Laws; Use. The Subleased Premises shall be used for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.
Appears in 2 contracts
Samples: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)
Compliance with Laws; Use. 5.01 The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or keep in the Premises any substance defined as a “hazardous material” (collectively, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved “Hazardous Materials”) by the United States of America, the State of California, the City or County of South San Francisco and Francisco, or any other governmental entity political subdivision, agency or department having jurisdiction over the Subleased PremisesBuilding or the Property (each, a “Governmental Authority”); provided however, Tenant may use and keep in the Premises reasonable quantities of customary general office materials which may otherwise constitute Hazardous Materials (i.e. toner and household cleaning supplies) that do not require a permit to use and/or store, provided that such Hazardous Materials are maintained in compliance with all applicable Laws (as defined below). Subtenant To the best of Landlord’s knowledge, the Building is compliant with all Laws regarding Hazardous Materials and its employees, agents, contractors and invitees (there are no existing Hazardous Materials at the “Subtenant Controlled Parties”) Property as of the Commencement Date. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state including the Americans with Disabilities Act and local Laws any environmental laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials ordinances promulgated by any Governmental Authority (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the foregoingBuilding but only to the extent such obligations are triggered pursuant to Laws first enacted after the Commencement Date and by Tenant’s particular use of the Premises, Subtenant other than for general office use, or Alterations or improvements in the Premises performed or requested by Tenant. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit D and such other reasonable rules and regulations adopted by Master Landlord from time to time, including rules and regulations for the performance of Alterations (defined in Section 9.03), provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant Landlord shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order provide reasonable prior written notice of any public authority unless such alterationadditional rules and regulations adopted by Landlord after the Commencement Date. In the event of a conflict between the express terms of this Lease and any rules and regulations adopted by Landlord after the date of this Lease, addition or change is required as a result the terms of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsthis Lease shall control.
Appears in 2 contracts
Samples: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant Landlord represents that, on the Commencement Date, the Common Areas and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Premises shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityapplicable Laws, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (the "ADAAG") and with all applicable federalRegulations of the National Board of Fire Underwriters, state including compliance and local Laws or regulations governing protection ofwith the National Fire Code Bulletins, or damage to NFPA 30 (the environmentFlammable and Combustible Liquids Code) and NFPA 45 (the standard for Fire Protection in Laboratories using Chemicals). Tenant shall comply with all applicable Laws, or including, without limitation, the treatmentADAAG and with all applicable Regulations of the National Board of Fire Underwriters, storage or disposal of hazardous materials (collectively referred to including Compliance and with the National Fire Code Bulletins, NFPA 30 and NFPA 45, as “Laws”), well as all applicable zoning laws regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises from and after the Commencement Date. Tenant and Landlord, within 10 days after receipt, shall each provide the other with copies of any notices it receives regarding a violation of any Laws with respect to the Premises. In addition to the foregoing, Subtenant Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available to Subtenant; providedcontractors, howeversubcontractors, that Subtenant shall not be required to perform any alterationemployees, addition or change of the Subleased Premises required by lawcustomers, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.and subtenants to
Appears in 2 contracts
Samples: Lease (Kolltan Pharmaceuticals Inc), Lease (Kolltan Pharmaceuticals Inc)
Compliance with Laws; Use. The Subleased Tenant shall use the Premises only for the Permitted Use and shall be used not use or permit the use of the Premises for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisespurpose. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, including without limitation, all applicable federalthe Environmental, state Health and local Safety Laws or regulations governing protection of, or damage to (as defined in Exhibit F attached hereto) and the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use and occupancy of the Subleased Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. In addition to Without limiting the generality of the foregoing, Subtenant and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the terms use of Sections 5.3 safety equipment) and 11 of policies established by the Master Lease, which are incorporated herein by this reference Center for Disease Control and Prevention (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased PremisesCDC”, respectively), and any other rules and regulations Tenant’s use of the Master Premises adopted by Master Landlord shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, provided and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that a copy thereof is made available relate to Subtenantthe Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Subtenant Tenant shall not be required to perform any alteration, addition or change of responsible for the Subleased Premises required by law, regulation, ordinance or order cost of any public authority unless such alterationcompliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, and/or (ii) any alteration Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the Subleased Premises made by or on behalf extent the same are expressly set forth herein as obligations of SubtenantTenant, and/or (iii) any applications made by or on behalf Landlord shall be responsible for the compliance of Subtenant for governmental permits, licenses or approvals.the Base Building with
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Tenant, within 10 Business Days after receipt, shall provide Landlord with copies of any municipal notices it receives regarding a violation or governmental entityalleged violation of any Laws. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of any final order or judgment. Tenant shall comply with the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 2 contracts
Samples: Office Lease Agreement (Tenfold Corp /Ut), Office Lease Agreement (Tenfold Corp /Ut)
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall comply, laboratoryand shall cause all of the Tenant Related Parties to comply, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all laws, statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Common Areas and other portions of the Property, other than the Premises, but only to the extent such obligations are triggered by Tenant’s specific use of the Premises or such Common Areas, or Alterations or improvements in the Premises or such Common Areas, performed or requested by Tenant or Tenant’s obligations as an employer or the negligence or willful misconduct of any of the Tenant Related Parties (“Tenant Triggered Compliance”). Notwithstanding the foregoing, Subtenant Tenant shall notify Landlord prior to commencing any Tenant Triggered Compliance. With respect to any Tenant Triggered Compliance specifically pertaining to the structure of the Building and the common systems (“Common Systems”) of the Building (as opposed to portions of the systems which would exclusively serve a specific premises if the Building was a multi-tenant building), Landlord may elect, by written notice to Tenant within 10 days after receipt of Tenant’s notice, to perform any such Tenant Triggered Compliance, at Tenant’s sole cost and expense. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall not exceed the density limit for the Building, as provided under applicable Laws, provided to the extent the mechanical, plumbing and electrical systems of the Building as of the Effective Date are not sufficient to provide the services described in Article 7 to the density of its employees and equipment desired by Tenant, Tenant, at its sole expense, shall perform Alterations (defined in Section 9.03) to such systems of the Building, and shall thereafter repair, maintain and replace such Alterations, in order to provide sufficient services. Tenant shall comply (and cause the Tenant Related Parties and their respective contractors and vendors to comply) with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit E and such other commercially reasonable, non-discriminatory rules and regulations adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change including rules and regulations for the performance of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsAlterations.
Appears in 1 contract
Samples: Office Lease Agreement (Baxalta Inc)
Compliance with Laws; Use. A. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or the Project or interferes with the operation of the Building or the Project. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition to the foregoingTenant, Subtenant within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Project attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by lawrules and regulations. Except for Tenant's obligation to comply with the ADA as set forth above, regulationnothing herein shall require Tenant to comply with Laws or requirements of public authorities which require the installation of new or additional structural, ordinance seismic, mechanical, electrical, plumbing or order of any public authority unless such alteration, addition or change is required as fire/life safety systems on a result of (i) Subtenant’s Project-wide basis without reference to the particular use of Tenant or any Alterations (including the Subleased Initial Alterations) performed by Tenant ("Project-Wide Laws"). Subject to Tenant's obligation to comply with the ADA as set forth above, Landlord will, at Landlord's expense (except to the extent properly included in Expenses), perform all acts required to comply with such Project-Wide Laws as the same affect the Premises, (ii) the Building and the Project. If there is a conflict between this Lease and any alteration to rules and regulations enacted after the Subleased Premises made by or on behalf date of Subtenantthis Lease, and/or (iii) any applications made by or on behalf the terms of Subtenant for governmental permits, licenses or approvalsthis Lease shall control.
Appears in 1 contract
Samples: Lease Agreement (Aerogen Inc)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord’s reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition to Notwithstanding the foregoing, Subtenant Tenant shall not be obligated to make any structural alterations or capital improvements to the Premises to comply with any Laws unless such compliance is required as the result of the specific nature of Tenant’s business in the Premises (other than general office use) or is the result of the acts or omissions of Tenant or its agents, employees or contractors or any design or configuration of the Premises specifically installed by Tenant. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall reimburse and compensate Landlord for all expenditures made by, or damages or fines sustained or incurred by, Landlord due to any violations of Laws by Tenant or any Tenant Related Parties (as defined in Section 14.B hereof) with respect to the Premises. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord’s enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Samples: Office Lease Agreement (Centrexion Therapeutics Corp)
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and business, the use use, condition, configuration and occupancy of the Subleased Premises and the Building systems located in or exclusively serving the Premises. In addition During the Term, Landlord shall be responsible, at its cost (except to the extent properly included in Expenses), for correcting any violations of Laws relating to or affecting the condition, use or occupancy of the Common Areas except for any obligations specifically imposed upon Tenant pursuant to this Lease. Notwithstanding the foregoing, Subtenant Landlord shall have the right to contest any alleged violation of any of the foregoing in good faith, or bring suit against any third party causing such violation of Laws, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal, contest or litigate, will make all repairs, additions, alterations, improvements or adjustments necessary to comply with the terms of Sections 5.3 any final order or judgment. In addition, Tenant shall, at its sole cost and 11 of the Master Leaseexpense, which are incorporated herein by this reference (provided, however, promptly comply with any Laws that all references therein relate to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelyBase Building” (defined below), and any other rules and regulations of but only to the Master Premises adopted extent such obligations are triggered by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) SubtenantTenant’s particular use of the Subleased Premises, (ii) any alteration to other than for general office use, or Alterations or improvements in the Subleased Premises made performed or requested by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.Tenant. “
Appears in 1 contract
Samples: Office Lease Agreement (Clearside Biomedical, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any municipal or governmental entityviolations of Title III of the Americans with Disabilities Act (ADA) and other Laws with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever without Landlord’s prior written consent. Except as otherwise provided in this Lease, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and business, the use use, condition, configuration and occupancy of the Subleased Premises and the Building systems located in or exclusively serving the Premises. In addition Landlord shall be responsible, at its cost (except to the extent properly included in Expenses), for correcting any violations of Laws with respect to the Common Areas of the Building and related to any Base Building systems (to the extent such obligations are not triggered by Tenant’s use of the Premises, any Alterations made by or for the benefit of Tenant, any “assembly occupancy” of the Premises by Tenant, any beach of Tenant’s obligations under this Lease, and except for any obligations specifically imposed upon Tenant pursuant to this Lease). Notwithstanding the foregoing, Subtenant Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of Sections 5.3 any final order or judgment. In addition, Tenant shall, at its sole cost and 11 of the Master Leaseexpense, which are incorporated herein by this reference (provided, however, promptly comply with any Laws that all references therein relate to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelyBase Building” (defined below), and any other rules and regulations of but only to the Master Premises adopted extent such obligations are triggered by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) SubtenantTenant’s particular use of the Subleased Premises, (ii) any alteration to other than for general office use, or Alterations or improvements in the Subleased Premises made performed or requested by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.Tenant. “
Appears in 1 contract
Samples: Office Lease Agreement (Ironwood Pharmaceuticals Inc)
Compliance with Laws; Use. The Subleased Premises shall will be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant will not use or permit the use of the Premises for any purpose which is illegal, laboratorycreates obnoxious odors (including but not limited to tobacco smoke), administrative uses and all related legal usesnoises or vibrations, as permitted under the Master Lease and approved by the City of South San Francisco and is dangerous to persons or property, could increase Landlord's insurance costs, or which, in Landlord's reasonable opinion, unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased Building or interferes with the operation of the Building. Except as provided below, the following uses are expressly prohibited in the Premises; government offices or agencies; personnel agencies; collection agencies; credit unions; telemarketing or reservation centers; medical treatment and health care; restaurants and other retail; customer service offices of a public utility company; or any other purpose which would, in Landlord's reasonable opinion, impair the reputation or quality of the Building, overburden any of the Building systems, Common Areas or parking, impair Landlord's efforts to lease space or otherwise interfere with the operation of the Property. Subtenant and Notwithstanding the foregoing, the following ancillary uses are permitted in the Premises only so long as they do not, in the aggregate, occupy more than 10% of the Rental Square Footage of the Premises or any single full floor (whichever is less): (A) the following services provided by Tenant exclusively to its employees: schools, agentstraining and other educational services; credit unions; and similar employee services; and (B) the following services directly and exclusively supporting Tenant's business; telemarketing; reservations; storage; debt collection; and similar support services. Subject to completion of Landlord's Construction Obligation, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the ADA as well as any law, ordinances, orders, rules and regulations rule or regulation which must be complied with to obtain a Certificate of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Occupancy, regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition to the foregoingTenant, Subtenant within 10 days after receipt, shall provide Landlord with copies of any notices Tenant receives regarding a violation of alleged violation of any Laws. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations (or modifications thereto) adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Whenever a copy thereof is made available to Subtenant; providedconflict shall arise between the language of this Lease and the rules and regulations, however, that Subtenant the terms of this Lease shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsprevail.
Appears in 1 contract
Samples: Office Lease (PROS Holdings, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuildings or interferes with the operation of the Buildings. Subtenant and its employeesSubject to Landlord's obligation to complete Landlord Work in compliance with Laws, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises during the Term. Tenant, within 10 days after receipt, shall provide Landlord with copies of any municipal notices it receives regarding a violation or governmental entityalleged violation of any Laws by Tenant on the Property. Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for correcting any violations of Laws with respect to the Premises and the Building Common Areas, provided that Landlord's obligation with respect to the Premises shall be limited to violations that arise out of the condition of the Premises on the Commencement Date and prior to the installation of any furniture, equipment and other personal property of Tenant. Notwithstanding the foregoing, Landlord or Tenant shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by law. Landlord or Tenant, as obligated herein, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violation of Laws that arise out of or in connection with the specific nature of Tenant's business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors not otherwise permitted herein, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant and 11 any design or configuration of the Master Lease, which are incorporated herein Premises specifically requested by this reference (provided, however, that all references therein to “Landlord” Tenant. Tenant shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for comply with the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Buildings attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time; subject to the provisions of Articles VII, provided that XVII and XVIII below, Tenant will have access to the Premises and Buildings twenty-four (24) hours per day, seven (7) days per week, via a copy thereof is made available card reader system. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord’s reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act (except for Title III), ordinancesregarding the operation of Tenant’s business in the Premises and the use, orderscondition, rules configuration and regulations occupancy of the Premises; provided, however, Tenant shall in no event be obligated to perform or bear the cost of any municipal work or governmental entityrepair of a capital or structural nature in connection with compliance with any Laws applicable to the Premises unless required solely due to Tenant’s specific use of the Premises, or any modifications, alterations or improvements by or for the benefit of Tenant. Except as expressly required by Tenant in the previous sentence, Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for compliance with all applicable Laws, including Title III of the Americans with Disabilities Act with respect to the Premises and the Common Areas of the Building, provided that Landlord’s obligation with respect to the Premises shall be limited to violations of applicable Laws that arise out of base Building conditions in the Premises and not any alterations by Tenant prior to or after the Commencement Date, including, without limitation the Initial Alterations or the installation of any furniture, equipment and other personal property of Tenant. Notwithstanding the foregoing, so long as Tenant’s use and enjoyment of the Premises for the Permitted Use is not materially and adversely affected, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations in the Premises that result from or arise out of any claims brought under any applicable building code (that are not required to be paid by Landlord) or applicable provision of the Master LeaseAmericans with Disabilities Act other than Title III, which are incorporated herein by this reference the specific nature of Tenant’s business in the Premises (providedother than general office use), howeverthe acts or omissions of Tenant, that all references therein to “Landlord” shall mean and refer to Master Landlordits agents, except for employees or contractors, Tenant’s arrangement of any indemnity obligations thereunderfurniture, which shall be for equipment or other property in the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any repairs, alterations, additions or improvements performed by or on behalf of Tenant, any improvements or alterations by or on behalf of Tenant, including, without limitation the Initial Alterations and any design or configuration of the Premises constructed or installed by or at the request of Tenant after being informed, in writing, by an architect or other design professional that such design or configuration is not in strict compliance with the ADA. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall use commercially reasonable efforts to cause its agents, contractors, subcontractors, employees, customers, clients and subtenants to comply with all rules and regulations; provided that a copy thereof is made available Tenant shall only be responsible for the acts of its customers and clients to Subtenant; provided, however, the extent that Subtenant Tenant can reasonably control the actions of such parties. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord’s enforcement of the Subleased Premises required by lawrules and regulations. The rules and regulations will be generally applicable and generally applied in the same manner to all tenants in the Building. If there is a conflict between this Lease and any rules and regulations enacted after the date of this Lease, regulation, ordinance or order the terms of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsthis Lease shall control.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other tenants of the Building or the Property or interferes with the operation of the Building or the Property. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises or from any portion of the Common Areas as a result of the use by Tenant or any Tenant Related Party thereof. Storage outside the Premises of materials, vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises. Tenant shall not allow any sale by auction upon the Premises, or place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Building or Property. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Premises except in trash containers place inside exterior enclosures designated for that purpose by Landlord. The Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference “Base Building” (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelydefined below), and any other rules and regulations of but only to the Master Premises adopted extent such obligations are triggered by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) SubtenantTenant’s particular use of the Subleased Premises, (ii) any alteration to other than for general office use, or Alterations or improvements in the Subleased Premises made performed or requested by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.Tenant. “
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any municipal or governmental entityviolations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Tenant shall use the Premises only for the Permitted Use and shall be used not use or permit the use of the Premises for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisespurpose. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, including without limitation, all applicable federal, state the Environmental Health and local Safety Laws or regulations governing protection of, or damage to (as defined in Exhibit F attached hereto) and the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use and occupancy of the Subleased Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. In addition to Without limiting the generality of the foregoing, Subtenant and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory and vivarium uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory and vivarium uses. Tenant acknowledges and agrees that the vivarium constitutes an “Add Alternate Item” above and beyond the “Xxxxxx Spec Plan” (as such terms are defined in Exhibit C) and shall be installed at Tenant’s sole cost and expense as further discussed in Exhibit C. The vivarium will be permitted to be operated in the portion of the Premises shown on plans submitted by Tenant and approved by Landlord in accordance with Exhibit C attached hereto (the “Permitted Vivarium Area”), and shall be used for biomedical research, development, handling and testing of the Permitted Animals (as hereinafter defined) (the “Animal Use”). Tenant shall not use any animals other than mice and rats (the “Permitted Animals”) in its operations. The movement of any Permitted Animals into or out of the Premises shall occur only outside of Building Service Hours. In addition, Tenant shall take any reasonable actions necessary to resolve any picketing or public relations issues arising from the Animal Use, and shall have pickets removed. The Animal Use shall be permitted subject to the following: (i) all research, development, handling and testing of the Permitted Animals shall be conducted in strict compliance with all applicable Laws and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant’s sole cost and expense, in strict compliance with all applicable Laws and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the Premises; and (iv) Tenant’s use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Industrial Park. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals onto the Premises and shall maintain such permits and approvals during the Term. Tenant shall comply with applicable laboratory practices, (including the terms use of Sections 5.3 safety equipment) and 11 of policies established by the Master Lease, which are incorporated herein by this reference Center for Disease Control and Prevention (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased PremisesCDC”, respectively), and any other rules and regulations Tenant’s use of the Master Premises adopted by Master Landlord shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, provided that a copy thereof is made available to Subtenant; providedand Tenant shall store, howeveruse and dispose of Hazardous Materials in compliance with all applicable Environmental, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsHealth and Safety Laws.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord’s reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant’s business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any municipal or governmental entityviolations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 any final order or judgment. Landlord shall comply with all Laws regarding the management and 11 condition of the Master LeaseCommon Areas. Tenant, which are incorporated herein by this reference (providedwithin 10 days after receipt, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for provide Landlord with copies of any indemnity obligations thereunder, which notices it receives regarding a violation or alleged violation of any Laws. Tenant shall be for comply with the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord’s enforcement of the Subleased Premises required by lawrules and regulations. The rules and regulations shall be generally applicable, regulationand generally applied in the same manner, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use to all tenants of the Subleased Premises, (ii) any alteration Building. If the Landlord reasonably determines that changes to the Subleased Premises made by rules and regulations are required, Landlord agrees to provide Tenant with written notice of those changes. Notwithstanding the foregoing, in the event there is a conflict between this Lease and any rules and regulations enacted after the date of this Lease, the terms of this Lease shall control and no future rule or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsregulation shall unreasonably diminish Tenant’s rights hereunder.
Appears in 1 contract
Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Compliance with Laws; Use. A. The Subleased Premises shall may only be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises provided that Landlord shall be responsible for performing the ADA Modifications and the Bridge Modifications as provided in the Work Letter attached hereto as EXHIBIT D. Tenant, within 10 days after receipt, shall provide Landlord with copies of any municipal notices it receives regarding a violation or governmental entityalleged violation of any Laws. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) and other Laws with respect to the Common Areas of the Building (including but not limited to ADA issues regarding the path of travel in the Common Areas). Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of any final order or judgment. Tenant shall comply with the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as EXHIBIT B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the foregoing“Base Building” (defined below), Subtenant but only to the extent such obligations are triggered by Tenant’s use of the Premises, other than for general, office use, or Alterations or improvements in the Premises performed or requested by Tenant, “Base Building” shall include the structural portions of the Building, the public restrooms and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit E and such other reasonable rules and regulations adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant including rules and regulations for the performance of Alterations (defined in Section 9). Nothing herein shall not be required require Tenant to perform any alterationalterations, addition additions or change improvements which are necessary to comply with Laws with respect to the Common Areas, unless such, compliance relates to the Common Areas on any floor on which the Premises are located and arises directly out of the Subleased Premises required by law, regulation, ordinance or order performance of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made work by or on behalf of SubtenantTenant in the Premises or Tenant’s use of the Premises for purposes other than general office use. Landlord will, and/or at Landlord’s expense (iii) any applications made by or on behalf of Subtenant for governmental permitsexcept to the extent properly included in Expenses), licenses or approvalsperform all acts required to comply with such Laws with respect to the foregoing as the same affect the Premises and the Building.
Appears in 1 contract
Samples: Office Lease Agreement (L-1 Identity Solutions, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall comply, laboratoryand shall cause all of the Tenant Related Parties to comply, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all laws, statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost, promptly comply with any Laws that relate to the Common Areas and other portions of the Property, other than the Premises, but only to the extent such obligations are triggered by Tenant’s specific use of the Premises, or Alterations or improvements in the Premises performed or requested by Tenant, or Tenant’s obligations as an employer, or the breach of any of Tenant’s obligations under this Lease, or the negligence or willful misconduct of Tenant or any of the Tenant Related Parties (“Tenant Triggered Compliance”). Notwithstanding the foregoing, Subtenant Tenant shall notify Landlord prior to commencing any Tenant Triggered Compliance and Landlord may elect, by written notice to Tenant within 10 days after receipt of Tenant’s notice, to perform any such Tenant Triggered Compliance, at Tenant’s sole cost. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Notwithstanding anything to the contrary contained in this Lease, Tenant shall limit the number of work seats in the Premises at any time in such a manner as to not exceed a ratio of one work seat for each 167 rentable square feet of the Premises, Tenant acknowledging that the number of work seats per rentable square foot of the Premises has a material effect on Landlord’s ability to provide the HVAC, electrical, elevator and other services set forth in this Lease. If any upgrade to the Building standard systems, including but not limited to the Building's mechanical and electrical systems and restroom fixtures, is necessary by reason of Tenant's failure to comply with such occupancy density requirements, as reasonably determined by Landlord, to accommodate Tenant's needs, and Tenant fails to cure such failure within ten (10) days after notice from Landlord, Tenant will reimburse Landlord promptly upon Landlord's demand for all costs incurred by Landlord in connection with such upgrade. Tenant shall comply (and cause the Tenant Related Parties and their respective contractors and vendors to comply) with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit E and such other reasonable rules and regulations adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change including rules and regulations for the performance of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of Alterations (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsdefined in Section 9.03).
Appears in 1 contract
Samples: Office Lease Agreement (CrowdStrike Holdings, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisesdangerous to persons or property. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition Tenant, within 30 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall not cause or permit the storage, release or disposal of any hazardous substances, wastes or materials, or any medical, special or infectious wastes (other than storage, use and disposal in the ordinary course of business in accordance with all applicable laws), on or about the Premises or the Buildings of which they are a part and Tenant shall be solely responsible for and shall promptly pay the cost of removing from the Premises all such hazardous substances, wastes and materials and any such medical, special and infectious waste placed on the Premises by Tenant, which removal shall be in accordance with all applicable Laws. Landlord shall be solely responsible for and shall promptly pay the cost of (i) removing from the Premises and remediation of all such hazardous substances, wastes and materials and any such medical, special and infectious waste that was present on the Premises prior to the foregoing, Subtenant shall comply with Commencement Date to the terms of Sections 5.3 and 11 of the Master Leaseextent required by applicable Laws, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which removal shall be for the benefit of both Sublandlord at such time as may be required by applicable Laws and Master Landlordotherwise in accordance with all applicable Laws, and references (ii) restoring the Premises to “Tenant” substantially the same condition as existed immediately prior to such removal and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenantremediation; provided, however, that Subtenant Landlord shall not be required to perform any alterationremove, addition and Tenant shall be responsible for the disposal of, hazardous substances, wastes and materials that are currently or change have been disposed of in the Subleased Premises required ordinary course of business in the operation of a hospital facility, consistent with hospitals of similar size, and Landlord’s past practice and applicable Laws. Hazardous substances, wastes or materials shall include asbestos and those which are defined in applicable Laws, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC Section 9601 et seq; the Resource Conservation and Recovery Act, as amended, 42 USC Section 6901 et seq; the Toxic Substance Control Act, as amended 15 USC Section 2601. Medical, special or infectious wastes shall include those which are defined pursuant to applicable medical waste Laws. To the extent permitted by law, regulationXxxxxxxx shall indemnify, ordinance defend and hold Tenant harmless from and against any claims or order liability arising out of or connected with Landlord’s failure to comply with the terms of Section V, which indemnification obligation shall survive the expiration or earlier termination of this Lease. Tenant shall comply with all applicable Laws which govern the use, storage handling and disposal of hazardous substances, wastes or materials and medical, special or infectious wastes. Tenant shall indemnify, defend and hold Landlord harmless from and against any public authority unless claims or liability arising out of or connected with Xxxxxx’s failure to comply with the terms of Section V, which indemnification obligation shall survive the expiration or earlier termination of this Lease. In no event shall such alterationindemnification obligation of Tenant apply to any claims, addition loss, damage, events, acts or change is required as a result of (i) Subtenant’s particular omissions occurring prior to the Commencement Date. Nothing herein will prohibit the use of hazardous substances in non-significant quantities in the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf ordinary course of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsbusiness consistent with applicable Laws.
Appears in 1 contract
Samples: Hospital Facility Lease Agreement
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever. Notwithstanding the foregoing, laboratoryone time during the Term of this Lease, administrative uses Tenant may submit to Landlord a request that a portion of the Premises (not to exceed 2,000 square feet) be used as a retail bank branch. Landlord shall not unreasonably withhold its consent to such modification to the Permitted Use, but may condition its consent on such requirements as Landlord may deem necessary to reflect such modification to the Permitted Use and all related legal usesthe impact it may have on the Building and other tenants at the Property, including but not limited to a requirement that Tenant provide extra security, install certain additional leasehold improvements, and/or pay excess costs to reflect added wear and tear due to increased foot traffic at the Building. Without limitation, it is agreed that Landlord's consent shall not be considered unreasonably withheld if (i) such modification to the Permitted Use is not suitable for the Building considering the business of the other tenants or would result in a violation of another tenant's rights, (ii) Tenant is in default after the expiration of the notice and cure periods in this Lease, or (iii) any portion of the Building or Premises would likely become subject to additional or different Laws as permitted under a consequence of such proposed modification to the Master Permitted Use. In the event Landlord consents to such modification to the Permitted Use, Landlord and Tenant shall enter into an amendment to this Lease modifying the Permitted Use and approved by the City of South San Francisco and any addressing such other governmental entity having jurisdiction over the Subleased Premisesconditions as Landlord may deem necessary. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “Laws”"Law(s)"), regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference "Base Building" (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelydefined below), and any other rules and regulations of but only to the Master Premises adopted extent such obligations are triggered by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular Tenant's use of the Subleased Premises, (ii) any alteration to other than for general office use, or Alterations or improvements in the Subleased Premises made performed or requested by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.Tenant. "
Appears in 1 contract
Samples: Office Lease Agreement (Northern Empire Bancshares)
Compliance with Laws; Use. A. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Tenant, within 10 days after receipt, shall provide Landlord with copies of any municipal notices it receives regarding a violation or governmental entityalleged violation of any Laws. Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act with respect to the Common Areas of the Building and the restroom facilities and elevator lobbies within the Premises, provided that Landlord's obligation with respect to the restroom facilities and elevator lobbies within the Premises shall be limited to violations that arise out of the Landlord Lobby Work (as described in EXHIBIT D) and/or the condition of such portion of the Premises prior to any improvements performed by Tenant in such portions of the Premises and the installation of any furniture, equipment and other personal property of Tenant within such portion of the Premises. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Master LeaseAmericans with Disabilities Act other than Title III, which are incorporated herein by this reference the specific nature of Tenant's business in the Premises (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelyother than general office use), and any other rules and regulations the acts or omissions of the Master Premises adopted by Master Landlord from time to timeTenant, provided that a copy thereof is made available to Subtenant; providedits agents, howeveremployees or contractors, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order Tenant's arrangement of any public authority unless such alterationfurniture, addition equipment or change is required as a result of (i) Subtenant’s particular use of other property in the Subleased Premises, (ii) any alteration to the Subleased Premises made repairs, alterations, additions or improvements performed by or on behalf of Subtenant, and/or Tenant (iiiother than the Landlord Lobby Work) and any applications made design or configuration of the Premises specifically requested by Tenant after being informed that such design or on behalf of Subtenant for governmental permits, licenses or approvalsconfiguration may not be in strict compliance with the ADA.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord’s reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the physical operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition to Notwithstanding the foregoing, Subtenant Tenant shall not be obligated to make any structural alterations or capital improvements to the Premises to comply with any Laws unless such compliance is required as the result of the specific nature of Tenant’s business in the Premises (other than general office use) or is the result of the acts or omissions of Tenant or its agents, employees or contractors or any design or configuration of the Premises specifically installed by Tenant excluding therefrom Tenant’s initial Leasehold Improvements (as defined in Article 8). Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall reimburse and compensate Landlord for all expenditures made by, or damages or fines sustained or incurred by, Landlord due to any violations of Laws by Tenant or any Tenant Related Parties (as defined in Section 14.B hereof) with respect to the Premises. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord’s enforcement of the Subleased Premises required by law, regulation, ordinance or order rules and regulations. In the event of any public authority unless inconsistency between such alterationrules and regulations and the terms of this Lease, addition or change is required as a result the terms of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsthis Lease shall apply.
Appears in 1 contract
Samples: Office Lease Agreement (Thimble Point Acquisition Corp.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or the Project or interferes with the operation of the Building or the Project. Subtenant Subject to the express terms and its employeesconditions of this Lease, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, configuration and occupancy of the Premises. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Building attached as Exhibit B and such other reasonable rules and regulations adopted by Landlord from time to time; provided, however that such other reasonable rules and regulations shall not unreasonably and adversely (i) interfere with Tenant's use of the Premises, or (ii) diminish Tenant's parking rights as provided in the Parking Agreement attached hereto as Exhibit F. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall not knowingly discriminate against Tenant in Landlord's enforcement of the rules and regulations. Except to the extent caused by Tenant's or any municipal of its employees', invitees', contractors' and/or agents' negligence or governmental entitywillful misconduct, Tenant shall not be liable for any of the costs and expenses, if any, associated with Landlord's or any other party's compliance with the City Parking Agreement. To the extent the railing located on the balcony of the second floor of the 2061 Building violates applicable Laws and the City of Mountain View has affirmatively and specifically required compliance therewith (collectively, the "Compliance Requirement"), Landlord shall, at its sole cost and expense, perform the work necessary to make the railing comply with Laws within 60 days following the date Landlord receives actual knowledge of the Compliance Requirement. The cost and expense to perform any such work shall not be allocated toward the ADA Costs Cap. Notwithstanding the foregoing, to the extent the same does not delay Tenant's construction schedule with respect to the Initial Alterations, Landlord shall have the right to contest the Compliance Requirement in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Laws and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “fullest extent permitted by Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.
Appears in 1 contract
Samples: Office Lease Agreement (Actel Corp)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, configuration and occupancy of the Premises. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Building attached as Exhibit B and such other reasonable rules and regulations adopted by Landlord from time to time. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord agrees not to enforce such rules and regulations in a manner that unreasonably discriminates against Tenant, recognizing that differing circumstances may justify different treatment. Notwithstanding the foregoing, Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for correcting any municipal or governmental entityviolations of Title III of the Americans with Disabilities Act with respect to the Premises and the Common Areas of the Building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that arise out of the Landlord Work and/or the condition of the Premises prior to the installation of any furniture, equipment and other personal property of Tenant. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Master Lease, Americans with Disabilities Act other than Title III which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use arise out of the Subleased Premisesspecific nature of Tenant's business in the Premises (other than general office use), (ii) arise out of the acts or omission of Tenant, its agents, employees and contractors, (iii) arise out of Tenant's arrangement of any alteration to furniture, equipment or other property in the Subleased Premises made Premises, or any repairs, alterations, additions or improvements performed by or on behalf of Subtenant, and/or Tenant (iiiother than the Landlord Work) and (iv) arise out of any applications made design or configuration of the Premises specifically requested by Tenant after being informed that such design or on behalf of Subtenant for governmental permits, licenses or approvalsconfiguration may not be in strict compliance with the ADA.
Appears in 1 contract
Samples: Office Lease Agreement (Engage Inc)
Compliance with Laws; Use. Borrower has, and at all times shall have obtained, all permits, licenses, exemptions, and approvals necessary to construct, occupy, operate and market the Property, and shall maintain compliance with all Requirements of Law applicable to the Property and all other applicable statutes, laws, regulations and ordinances necessary for the transaction of its business. The Subleased Premises Property is comprised of one or more legal parcels lawfully created in full compliance with all subdivision laws and ordinances, and is properly zoned for the stated use of the Property as disclosed to Administrative Agent at the time of execution hereof. Borrower shall not initiate or acquiesce to a zoning change of the Property without prior notice to, and prior written consent from, the Requisite Lenders, which consent shall not be unreasonably withheld by the Requisite Lenders so long as such changes (i) are consistent with the Xxxx Neighborhood Master Plan, (ii) do not result in a decrease in value or the economic feasibility of any of the Property, and (iii) add permitted uses but do not restrict any of the Property from continuing to be used for research and development, laboratory, administrative uses and all related legal uses, its present use as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased PremisesEffective Date. In addition connection with the foregoing, portions of the Property may be rezoned with the prior written consent of the Requisite Lenders to permit one or more hotels to be built on the Property, so long as (x) the Property may continue to be used for the same permitted uses for which such Property is being used as of the Effective Date and (y) the conditions in the preceding sentence are satisfied. Subject to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant Borrower shall not be required to perform any alteration, addition or change of allow changes in the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular stated use of the Subleased PremisesProperty from that disclosed to Administrative Agent at the time of execution hereof without prior notice to, (ii) any alteration to and prior written consent from, the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsRequisite Lenders.
Appears in 1 contract
Samples: Loan Agreement (Howard Hughes Corp)
Compliance with Laws; Use. The Subleased Premises Borrower shall be used for research and/or shall cause Operating Lessee to obtain and developmentat all times maintain, laboratoryor use commercially reasonable efforts to cause the Manager to obtain and at all times maintain, administrative uses and all related legal usespermits, as permitted under Licenses (including the Master Lease and approved by the City of South San Francisco Liquor License and any other governmental entity having jurisdiction over applicable liquor licenses or beverage permits), exemptions, and approvals necessary to construct, occupy, operate and market the Subleased Premises. Subtenant Property, and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply maintain compliance in all material respects with all Requirements of Law applicable to the Property and all other applicable statutes, codeslaws, regulations and ordinances necessary for the transaction of its business. If Borrower or Operating Lessee has received notice of any material violations of the aforesaid Requirements of Laws, applicable statutes, laws, regulations and ordinances, ordersBorrower or Operating Lessee, rules as applicable, shall cure such violation within thirty (30) days of such notice provided that if such violation in not reasonably capable of being cured within such thirty (30) day period, Borrower or Operating Lessee, as applicable, shall have an additional ninety (90) days (for a total of 120 days) to cure such violation so long as Borrower or Operating Lessee, as applicable, commences the cure of such violation within such thirty (30) day period and regulations diligently prosecutes, as determined by Administrative Agent, the cure of any municipal or governmental entitysuch violation. The Property is a separate legal parcel lawfully created in compliance in all material respects with all subdivision laws and ordinances, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to is properly zoned for the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”), regarding the operation of Subtenant’s business and the stated use and occupancy of the Subleased PremisesProperty as disclosed to Administrative Agent at the time of execution hereof. In addition Neither Borrower nor Operating Lessee shall initiate or acquiesce to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or zoning change of the Subleased Premises required by lawProperty without prior notice to, regulationand prior written consent (not to be unreasonably withheld, ordinance delayed or order of any public authority unless such alterationconditioned) from, addition or change is required as a result of (i) Subtenant’s particular Administrative Agent. Furthermore, neither Borrower nor Operating Lessee shall allow changes in the stated use of the Subleased PremisesProperty from that disclosed to Administrative Agent at the Effective Date without prior notice to, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenantand prior written consent from, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsAdministrative Agent.
Appears in 1 contract
Samples: Loan Agreement (Ryman Hospitality Properties, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord’s reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or the Project or interferes with the operation of the Building or the Project. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant’s business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the “Base Building” (defined below), but only to the extent such obligations are triggered by Tenant’s use of the Premises, other than for general office use, or Alterations or improvements in the Premises performed or requested by Tenant. Except to the extent that (i) Tenant is responsible for complying with Laws that relate to the Base Building as provided above, or (ii) changes to the Base Building are required due to the negligent or willful acts or omissions of Tenant, its agents, employees or contractors (other than the mere discovery of the violation), Landlord shall be responsible for correcting violations of any municipal or governmental entityLaws existing as of the date of this Lease and Laws that first come into effect after the date of this Lease with respect to the Base Building located in the Building, provided that the cost of such compliance incurred after the Commencement Date shall be included in Expenses to the extent permitted in Exhibit E attached hereto. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law; provided, however, if Tenant receives any notice of violation of Laws with respect to the Base Building, Tenant shall, within five (5) business days after receipt thereof, provide Landlord with copies of any such notices it receives with respect to such violation. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. “Base Building” shall include the structural portions of the Master LeaseBuilding, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” public restrooms and the “Subleased Premises”Building mechanical, respectively)electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant, and within ten (10) days after receipt, shall provide Landlord with copies of any other notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to timetime and provided to Tenant in writing. Tenant shall also cause its agents, provided that contractors, subcontractors, employees, customers, invitees and subtenants (each a copy thereof is made available “Tenant Entity” and collectively, the “Tenant Entities”) to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change discriminate against Tenant in Landlord’s adoption and enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Compliance with Laws; Use. 5.1 The Subleased Premises shall be used for research the Permitted Use and developmentfor purposes reasonably incidental thereto consistent with a first class office project, laboratoryand Tenant shall not use the Premises, administrative uses and all related legal usesor permit the Premises to be used, as permitted under the Master Lease and approved by the City of South San Francisco and for any other use whatsoever. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant Improvements (or subsequent Alterations) the construction of, a kitchen/pantry facility (which in no event may include gas stoves or other gas appliances) for Tenant’s employees and guests only (in no event shall such kitchen/pantry facility be open to or serve the general public), including the installation of one or more dishwashers on and subject to the following terms and conditions: (i) Tenant shall be responsible, at its sole cost and expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental entity having jurisdiction over approvals necessary for the Subleased Premises. Subtenant and its employees, agents, contractors and invitees use of the Premises for such kitchen/pantry facility uses (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all any necessary approvals from the applicable federalhealth and/or fire departments, state permits required in connection with any venting or other air-removal/circulation system, and local Laws or regulations governing protection ofany required fire-suppression systems), or damage copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/pantry facility uses; and (ii) in no event may such kitchen/cooking facility require any alterations to the environment, or Base Building. Tenant will additionally have the treatment, storage or disposal right to devote a reasonable portion of hazardous materials (collectively referred to as “Laws”), regarding the Premises towards the operation of Subtenanta fitness/wellness center for Tenant’s business and the use and occupancy of the Subleased Premises. In addition employees (including, at Tenant’s option, shower and/or locker facilities) subject to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other such reasonable rules and regulations regarding such operations as Landlord may implement for such fitness center. The uses prohibited under this Lease include, without limitation, use of the Master Premises adopted by Master Landlord from time to time, provided that or a copy portion thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of for (i) Subtenant’s particular use offices of the Subleased Premises, any agency or bureau of United States or any state or political subdivision thereof; (ii) offices or agencies of any alteration to the Subleased Premises made by foreign governmental or on behalf of Subtenant, and/or political subdivision thereof; (iii) any applications made by or on behalf offices of Subtenant for governmental permits, licenses or approvals.any
Appears in 1 contract
Samples: Lease Agreement (PagerDuty, Inc.)
Compliance with Laws; Use. The Subleased Premises shall be used for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. In addition, Subtenant may use the Subleased Premises as a wet lab, subject to (a) the express written consent of Master Landlord, (b) Subtenant’s covenant in Section 3(c) hereof not to locate a wet lab above or adjacent to the Server Room, and (c) all applicable Laws. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”), regarding the operation of Subtenant’s business and the Subtenant’s particular use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 7 and 11 30 and Exhibits E and G of the Master LeaseLease (as modified by the Master Landlord’s Consent), which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.
Appears in 1 contract
Samples: Sublease (Exelixis Inc)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building Landlord will make a good faith effort to impose substantially the same conditions as are set forth in this Article V on all other tenants in the Building which have not executed leases as of the date of Tenant's execution of this lease. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any municipal or governmental entityviolations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Tenant within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrules and regulations.
Appears in 1 contract
Samples: Office Lease Agreement (Lecg Corp)
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over occupants of the Subleased PremisesProperty or unreasonably interferes with the operation of the Premises or the Property. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws relating to the foregoinguse, Subtenant condition, configuration or occupancy of the Premises. Tenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Property attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall enforce the rules and regulations uniformly with respect to violations thereof of which it either has been notified or otherwise has actual knowledge, and shall not knowingly discriminate against Tenant in Landlord's enforcement of the rules and regulations. Tenant shall have access to the Premises 24 hours per day, 365 days per year. Landlord initially shall provide all Tenant employees assigned to the Premises, not exceeding fifty-five (55), with door keys and access cards at no additional costs to Tenant. If reasonably achievable within the design of Landlord's security system, Landlord will reasonably attempt to program its security system for the Building in a copy thereof is made available manner to Subtenant; providedallow Tenant's employees to utilize their access cards used at Tenant's headquarters (0000 Xxxxxxxx Xxxxxx East). If the Premises are subsequently expanded pursuant to the provisions of Section 6 below, or otherwise, Landlord shall provide Tenant with additional door keys and access cards at no additional cost to Tenant, and the number of such additional no-cost keys and cards issued with respect to the additional Rentable Area of the expanded Premises shall be in the same proportion as the fifty-five (55) cards issued initially bears to the initial Rentable Area of the Premises. Landlord may impose a reasonable charge, however, that Subtenant shall not be to replace keys and/or access cards which are lost or damaged, or to issue keys or access cards in addition to those which Landlord is required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration initially provide to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsTenant at no cost pursuant to this Section 5.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity (collectively, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant Tenant shall comply with the terms of Sections 5.3 Rules and 11 Regulations of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean Development attached hereto as Exhibit D and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any such other reasonable rules and regulations of the Master Premises adopted by Master Landlord from time to time. In addition, Tenant shall comply with all covenants, conditions and restrictions in effect from time to time with respect to the Development, including, as listed in Exhibit F attached hereto. Furthermore, as part of its obligations hereunder, from and after the Commencement Date, Tenant shall, at its sole cost and expense, observe and comply with the provisions of Title III of the Americans with Disabilities Act of 1990, as amended and any regulations promulgated pursuant thereto (collectively, the “ADA”), as it pertains to Tenant’s use, occupancy, improvement and alteration of the Premises. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or reasonably objectionable purpose, provided that Landlord understands and acknowledges that Tenant’s activities sometimes include simulated surgical procedures using human tissue and/or portions of human cadavers. Provided Tenant conducts such activities in a copy thereof is made available to Subtenant; provideddiscreet and respectful manner that does not disturb other Building tenants, howeverand in compliance with all applicable laws, rules, regulations, codes and the like, Landlord acknowledges that Subtenant such activities are not reasonably objectionable. Tenant shall not do or permit to be required to perform any alteration, addition done anything which will obstruct or change interfere with the rights of other tenants or occupants of the Subleased Development, or injure or annoy them. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises required by lawor the Development, regulationnor commit or suffer to be committed any waste in, ordinance on or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of about the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratorydangerous to persons or property or which, administrative uses and all related legal usesin Landlord's reasonable opinion, as permitted under the Master Lease and approved by the City of South San Francisco and unreasonably disturbs any other governmental entity having jurisdiction over tenants of the Subleased PremisesBuilding or interferes with the operation of the Building. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codesincluding the Americans with Disabilities Act, ordinancesregarding the operation of Tenant's business and the use, orderscondition, rules configuration and regulations occupancy of the Premises. Landlord, at its sole cost and expense (except to the extent properly included in Expenses), shall be responsible for correcting any violations of Title III of the Americans with Disabilities Act with respect to the Premises and the Common Areas of the Building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that arise out of the Landlord Work and/or the condition of the Premises prior to the installation of any municipal or governmental entityfurniture, equipment and other personal property of Tenant subsequent to the date of this Lease. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the correction of any violations that arise out of or in connection with any claims brought under any provision of the Master LeaseAmericans with Disabilities Act other than Title III, which are incorporated herein by this reference the specific nature of Tenant's business in the Premises (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelyother than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any other design or configuration of the Premises specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the ADA. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Master Premises Building attached as Exhibit B and such other reasonable rules and regulations adopted by Master Landlord from time to time. Tenant shall also cause its agents, provided that a copy thereof is made available contractors, subcontractors, employees, customers, and subtenants to Subtenant; provided, however, that Subtenant comply with all rules and regulations. Landlord shall not be required to perform any alteration, addition or change knowingly discriminate against Tenant in Landlord's enforcement of the Subleased Premises required by lawrules and regulations. The rules and regulations shall be generally applicable, regulationand generally applied in the same manner, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use to all tenants of the Subleased PremisesBuilding. If there is a conflict between.this Lease and any rules and regulations enacted after the date of this Lease, (ii) any alteration to the Subleased Premises made by or on behalf terms of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsthis Lease shall control.
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Compliance with Laws; Use. The Subleased Premises shall be used only for research the Permitted Use and developmentfor no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisesdangerous to persons or property. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutesLaws, codes, ordinances, orders, rules and regulations of any municipal or governmental entity, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “Laws”)Americans with Disabilities Act, regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition Tenant, within 30 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall not cause or permit the storage, release or disposal of any hazardous substances, wastes or materials, or any medical, special or infectious wastes (other than storage, use and disposal in the ordinary course of business in accordance with all applicable laws), on or about the Premises or the Buildings of which they are a part and Tenant shall be solely responsible for and shall promptly pay the cost of removing from the Premises all such hazardous substances, wastes and materials and any such medical, special and infectious waste placed on the Premises by Tenant, which removal shall be in accordance with all applicable Laws. Landlord shall be solely responsible for and shall promptly pay the cost of (i) removing from the Premises and remediation of all such hazardous substances, wastes and materials and any such medical, special and infectious waste that was present on the Premises prior to the foregoing, Subtenant shall comply with Commencement Date to the terms of Sections 5.3 and 11 of the Master Leaseextent required by applicable Laws, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which removal shall be for the benefit of both Sublandlord at such time as may be required by applicable Laws and Master Landlordotherwise in accordance with all applicable Laws, and references (ii) restoring the Premises to “Tenant” substantially the same condition as existed immediately prior to such removal and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenantremediation; provided, however, that Subtenant Landlord shall not be required to perform any alterationremove, addition and Tenant shall be responsible for the disposal of, hazardous substances, wastes and materials that are currently or change have been disposed of in the Subleased Premises required ordinary course of business in the operation of a hospital facility, consistent with hospitals of similar size, and Landlord’s past practice and applicable Laws. Hazardous substances, wastes or materials shall include asbestos and those which are defined in applicable Laws, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC Section 9601 et seq; the Resource Conservation and Recovery Act, as amended, 42 USC Section 6901 et seq; the Toxic Substance Control Act, as amended 15 USC Section 2601. Medical, special or infectious wastes shall include those which are defined pursuant to applicable medical waste Laws. To the extent permitted by law, regulationLandlord shall indemnify, ordinance defend and hold Tenant harmless from and against any claims or order liability arising out of or connected with Landlord’s failure to comply with the terms of Section V, which indemnification obligation shall survive the expiration or earlier termination of this Lease. Tenant shall comply with all applicable Laws which govern the use, storage handling and disposal of hazardous substances, wastes or materials and medical, special or infectious wastes. Tenant shall indemnify, defend and hold Landlord harmless from and against any public authority unless claims or liability arising out of or connected with Tenant’s failure to comply with the terms of Section V, which 1 NTD: To be completed with current information prior to execution; if Closing occurs on June 30, this will be the most recent Index. indemnification obligation shall survive the expiration or earlier termination of this Lease. In no event shall such alterationindemnification obligation of Tenant apply to any claims, addition loss, damage, events, acts or change is required as a result of (i) Subtenant’s particular omissions occurring prior to the Commencement Date. Nothing herein will prohibit the use of hazardous substances in non-significant quantities in the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf ordinary course of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsbusiness consistent with applicable Laws.
Appears in 1 contract
Samples: Hospital Facility Lease Agreement
Compliance with Laws; Use. The Subleased Tenant shall use the Premises only for the Permitted Use and shall be used not use or permit the use of the Premises for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisespurpose. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, including without limitation, all applicable federal, state the Environmental Health and local Safety Laws or regulations governing protection of, or damage to (as defined in Exhibit F attached hereto) and the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises and the Building systems located in or exclusively serving the Premises. In addition to Without limiting the generality of the foregoing, Subtenant Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory and vivarium uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory and vivarium uses. Tenant acknowledges and agrees that the vivarium shall be installed at Tenant’s sole cost and expense as further discussed in Exhibit F. The vivarium will be permitted to be operated only in the portion of the Premises shown on plans approved by Landlord in accordance with Exhibit F attached hereto, and shall be used for biomedical research, development, handling and testing of the Permitted Animals (as hereinafter defined) (“Animal Use”). Tenant shall not use any animals other than mice, rats, zebra fish and such other animals as are lawfully reasonably and customarily used in laboratories in Cambridge Massachusetts (the “Permitted Animals”) in its operations. In addition, Tenant shall promptly take any reasonable actions necessary to resolve any picketing or public relations issues arising from Tenant’s Animal Use. Animal Use, solely of the Permitted Animals, shall be permitted subject to the following: (i) all research, development, handling and testing shall be conducted in strict compliance with all applicable Laws and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant's sole cost and expense, in strict compliance with all applicable Laws and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the vivarium; and (iv) Tenant's use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Property. Xxxxxxxx’s permission in connection with any of the above shall not be unreasonably withheld, conditioned or delayed. Upon written request, Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals onto the Premises and shall maintain such permits and approvals during the Term. Tenant shall comply with applicable laboratory practices, (including the terms use of Sections 5.3 safety equipment) and 11 of policies established by the Master Lease, which are incorporated herein by this reference Center for Disease Control and Prevention (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased PremisesCDC”, respectively), and any other rules and regulations in no event shall Tenant’s use of the Master Premises adopted by Master Landlord exceed BSL-2 requirements and protocols in effect with respect to Tenant’s use from time to time. In addition, provided Tenant shall comply with all Good Manufacturing Practices (GMP) in order to conform to the guidelines recommended by agencies that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change control the authorization and licensing of the Subleased Premises required by lawmanufacture and sale of biologic, regulationpharmaceutical, ordinance or order medical and other similar products. Tenant shall store, use and dispose of any public authority unless such alterationHazardous Materials in compliance with all applicable Environmental, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration Health and Safety Laws and shall comply with all Laws applicable to the Subleased Premises made by or on behalf of Subtenanthandling, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.use or
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other tenants of the Building or the Property or interferes with the operation of the Building or the Property. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises or from any portion of the Common Areas as a result of the use by Tenant or any Tenant Related Party thereof. Storage outside the Premises of materials, vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises. Tenant shall not allow any sale by auction upon the Premises, or place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Building or Property. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Premises except in trash containers placed inside exterior enclosures designated for that purpose by Landlord. The Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the foregoing, Subtenant shall comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference “Base Building” (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectivelydefined below), and any other rules and regulations of but only to the Master Premises adopted extent such obligations are triggered by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) SubtenantTenant’s particular use of the Subleased Premises, (ii) any alteration to other than for general office use, or Alterations or improvements in the Subleased Premises made performed or requested by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.Tenant. “
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and developmentfor no other use whatsoever. In no event shall the Premises be used as a co-working center, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premisesexecutive office suites or a flexible workplace center. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity (collectively, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the environment, or the treatment, storage or disposal of hazardous materials (collectively referred to as “"Laws”"), regarding the operation of Subtenant’s Tenant's business and the use use, condition, configuration and occupancy of the Subleased Premises. In addition Pursuant to Section 1938 of the California Civil Code, Landlord hereby advises Tenant that the Premises has not undergone an inspection by a certified access specialist (a “CASp”) and no representations are made with respect to compliance with accessibility standards. Further, pursuant to Section 1938 of the California Civil Code, Landlord notifies Tenant of the following: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Therefore and notwithstanding anything to the foregoingcontrary contained in this Lease, Subtenant Landlord and Tenant agree that (a) Tenant may, at its option and at its sole cost, cause a CASp to inspect the Premises and determine whether the Premises complies with all of the applicable construction-related accessibility standards under state law, (b) the parties shall mutually coordinate and reasonably approve of the timing of any such CASp inspection so that Landlord may, at its option, have a representative present during such inspection, and (c) Tenant shall be solely responsible for the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises. Tenant shall comply with the terms of Sections 5.3 Rules and 11 Regulations of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean Building attached as Exhibit D and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any such other commercially reasonable rules and regulations of the Master Premises adopted by Master Landlord from time to timetime upon at least thirty (30) calendar days prior written notice to Tenant. Landlord shall modify and enforce the Rules and Regulations in a uniform and non-discriminatory manner with respect to all tenants and occupants of the Project, and further provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant any modification of the Rules and Regulations shall not materially increase Tenant’s obligations or be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenantmaterially inconsistent with Tenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsrights under this Lease.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to including the environment, or the treatment, storage or disposal of hazardous materials Americans with Disabilities Act (collectively referred to as “LawsLaw(s)”), regarding the operation of SubtenantTenant’s business and business, the use use, condition, configuration and occupancy of the Subleased Premises and the Building systems located in or exclusively serving the Premises. In addition addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the “Base Building” (defined below), but only to the extent such obligations are triggered by Tenant’s use of the Premises, other than for general office use, or Alterations or improvements in the Premises performed or requested by Tenant. However, nothing herein shall require Tenant to comply with Laws or requirements of public authorities which require the installation of new or additional mechanical, electrical, plumbing or fire/life safety systems on a Building-wide basis without reference to the particular use of Tenant or any Alterations performed by or for Tenant (“Building-Wide Laws”). Landlord will, at Landlord’s expense (except to the extent properly included in Expenses), perform all acts required to comply with such Building-Wide Laws as the same affect the Premises and the Building. In addition, Landlord shall be responsible, at its cost (except to the extent properly included in Expenses), for correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building except for any obligations specifically imposed upon Tenant pursuant to this Lease. Notwithstanding the foregoing, Subtenant Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to any final order or judgment. “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises adopted by Master Landlord from time to time, provided that a copy thereof is made available to Subtenant; provided, however, that Subtenant shall not be required to perform any alteration, addition or change of the Subleased Premises required by law, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular use of the Subleased Premises, (ii) any alteration to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvals.
Appears in 1 contract
Compliance with Laws; Use. The Subleased Premises shall be used for research the Permitted Use and development, laboratory, administrative uses and all related legal uses, as permitted under the Master Lease and approved by the City of South San Francisco and any for no other governmental entity having jurisdiction over the Subleased Premisesuse whatsoever. Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entityentity whether in effect now or later, including the Americans with Disabilities Act ("LAW(S)"), regarding the operation of Tenant's business and the use, condition, configuration and occupancy of the Premises. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the "Base Building" (defined below), but only to the extent such obligations are triggered by Tenant's use of the Premises, other than for general office use (or, with respect to the Lab Space, any other Permitted Use), or Alterations or improvements in the Premises performed or requested by Tenant. "BASE BUILDING" shall include the structural portions of the Buildings, the public restrooms and the Buildings mechanical, electrical and plumbing systems and equipment located in the internal core of the Buildings on the floor or floors on which the Premises are located. Except to the extent properly included in Expenses, Landlord shall be responsible for the cost of correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Buildings. Landlord shall comply with all other Laws relating to the Common Areas of the Buildings, provided that compliance with such Laws is not the responsibility of Tenant under this Lease, and provided further that Landlord's failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy, or its equivalent, for the Premises, or would unreasonably and materially affect the safety of Tenant's employees or create a significant health hazard for Tenant's employees. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all applicable federaldefenses allowed by Law and the right to appeal any decisions, state and local Laws judgments or regulations governing protection of, or damage rulings to the environmentfullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or the treatmentcontest, storage will make all repairs, additions, alterations or disposal of hazardous materials (collectively referred improvements necessary to as “Laws”), regarding the operation of Subtenant’s business and the use and occupancy of the Subleased Premises. In addition to the foregoing, Subtenant shall comply with the terms of Sections 5.3 any final order or judgment. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall reimburse and 11 compensate Landlord for all expenditures made by, or damages or fines sustained by, Landlord due to any violations of Laws by Tenant or any Tenant Related Parties with respect to the Master Lease, which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” Premises. Tenant shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for comply with the benefit of both Sublandlord and Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “Subleased Premises”, respectively), and any other rules and regulations of the Master Premises Buildings attached as EXHIBIT D and such other reasonable rules and regulations adopted by Master Landlord from time to time, provided that a copy thereof is made available including rules and regulations for the performance of Alterations (defined in Section 9). Tenant shall obtain and pay for all permits and shall promptly take all actions necessary to Subtenant; providedcomply with all Laws, howeverincluding, that Subtenant shall not be required to perform any alterationwithout limitation, addition or change of the Subleased Premises required by lawOccupational Safety and Health Act, regulation, ordinance or order of any public authority unless such alteration, addition or change is required as a result of (i) Subtenant’s particular regulating Tenant's specific use of the Subleased Premises or the Property. Tenant shall maintain in full force and effect all certifications or permissions to provide its services required by any authority having jurisdiction to authorize, franchise or regulate such services. Tenant shall be solely responsible for procuring and complying at all times with any and all necessary permits directly relating or incident to: the conduct of its specific activities on the Premises; its scientific experimentation, (ii) transportation, storage, handling, use and disposal of any alteration chemical or radioactive or bacteriological substances or organisms or other hazardous wastes or environmentally dangerous substances or materials or medical waste, including without limitation the obtaining of an industrial discharge permit from the Massachusetts Water Resources Authority; its conduct of animal research activities; and its storage of fuel, chemicals, or other regulated materials permitted hereunder. Within 10 Business Days of a request by Landlord, Tenant shall furnish Landlord with copies of all such permits, together with a certificate certifying that such permits are all of the permits which Tenant is required to maintain with respect to the Subleased Premises made by or on behalf of Subtenant, and/or (iii) any applications made by or on behalf of Subtenant for governmental permits, licenses or approvalsPremises.
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Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)
