Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct the Premises in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access). If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during the last two (2) years of the Lease and such action to comply with any of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice of termination to Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with applicable governmental regulations including without limitation, compliance with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “"ADA”") as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by be reason of Tenant’s particular 's use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular 's use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct use good faith and due diligence to undertake those actions that are "readily achievable" (as such term is defined in the ADA) in order to attempt to bring the physical structure of the Premises in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during requirements, the last two (2) years of cost to Landlord or Tenant, as the Lease and such action case may be, shall exceed a sum equal to comply with any of the above requirements would cost Landlord in excess of one (1) year’s 's rent, then Landlord may the party who is obligated to comply with such requirements is privileged to terminate this Lease by giving written notice of termination to Tenantthe other party, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlordthe party giving such notice, unless Tenant shall electthe party receiving such notice of termination shall, before termination becomes effective, to pay to Landlord the party giving notice all costs of compliance in excess of one (1) year's rent, or secure payment of said sum in a manner satisfactory to the party giving notice. Notwithstanding anything contained herein to the contrary, it is agreed that: (a) Tenant is exclusively responsible for all compliance with all requirements of any legally constituted public authority in the necessary complianceevent non-compliance relates to Tenant's use of, or operations from, the Premises and (b) in the event of non-compliance for which Landlord is responsible, Landlord shall not be deemed in breach of this Lease if such non-compliance does not materially impair Tenant's use of the Premises or threaten or endanger the health or safety of Tenant or Tenant's Invitees.
Appears in 1 contract
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises Building with applicable governmental regulations, including without limitation compliance by the Common Areas thereof with the applicable requirements of the Americans with Disabilities Act and the implementing regulations thereof (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure Common Areas of the PremisesBuilding, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the Premises ADA) in order to attempt to bring the Common Areas of the Building in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure Common Areas of the Premises Building to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure Common Areas of the Premises Building (excluding any tenant improvements or alterations) to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises Building or the activities therein to comply with the applicable requirements of the ADA. Notwithstanding anything contained herein to the contrary, it is agreed that: (a) Tenant is exclusively responsible for all compliance with all requirements of any legally constituted public authority in the event non-compliance relates to the Premises or Tenant’s use thereof, and (b) in the event of any non-compliance for which Landlord and Tenant agreeis responsible, however, that if any actions is necessary Landlord shall not be deemed in order to comply with any breach of the above requirements during the last two (2) years of the Lease and such action to comply with any of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice if such non-compliance does not materially impair Tenant’s use of, or operations from, the Premises or threaten or endanger the health or safety of termination to Tenant or Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance’s Invitees.
Appears in 1 contract
Samples: Work Agreement (Smart Online Inc)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “"ADA”") as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular 's use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular 's use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct use good faith and due diligence to undertake those actions that are "readily achievable" (as such term is defined in the ADA) in order to attempt to bring the physical structure of the Premises in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding JD any failure of the Premises or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during the last two (2) years of the Lease and such action to comply with any of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice of termination to Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance.
Appears in 1 contract
Samples: Lease Agreement (Syntel Inc)
Governmental Orders. Except Landlord represents and warrants that the Premises shall be delivered to Tenant in compliance with all laws, rules, ordinances, orders, and regulations and insurance requirements on the Commencement Date. Without limiting the generality of anything in this Lease but subject to the preceding sentence and this Article 14, and except as hereinbelow set forth below regarding compliance of the physical structure of the Premises common facilities of the Building ("Common Areas") with the applicable requirements of the Americans with Disabilities Act and the implementing regulations to such act (the “"ADA”) as of the Commencement Date"), Tenant agrees, at its own expense, to comply promptly insure that the Premises is in lawful compliance with all any requirements of any legally constituted public authority that may be in effect from time to time made necessary solely by reason of Tenant’s particular 's use or occupancy of the Premises. If it is determined that the physical structure of the Premises is in unlawful, noncompliance with the ADA, Landlord, as its sole obligation, will take the actions necessary to cause the physical structure of the Premises to no longer be in such unlawful noncompliance, and Landlord acknowledges and agrees that Tenant shall have no obligation or liability whatsoever to Landlord or to anyone claiming by or through Landlord, regarding any failure of the Premises to comply promptly with any such the requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expensethe ADA. With regard to the physical structure of the PremisesCommon Areas, Landlord agrees to construct shall insure that the Premises physical structure of such Common Areas is not in compliance unlawful noncompliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access). If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance such Common Areas is in unlawful noncompliance with the ADA as and such noncompliance interferes with Tenant's use or occupancy of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect)Premises, then Landlord, as its sole obligation, will take the action(s) actions necessary to cause the physical structure of the Premises such Commons Areas to so complyno longer be in such unlawful noncompliance, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein Common Areas to comply with the applicable requirements of the ADA. Landlord Notwithstanding the foregoing, but subject to the first sentence of this Section 14, if the need for any action to eliminate any such unlawful noncompliance in the Common Areas or the Premises is a result of Tenant's alterations to the Premises, or changes in use from the use currently contemplated as of the date hereof, following the Commencement Date (whether with or without Landlord's consent), Tenant shall be responsible for the cost of such necessary actions. In performance of any acts required of or permitted Tenant under any provisions of this Lease, Tenant shall obey and Tenant agree, however, that if any actions is necessary in order to comply with all lawful requirements, rules and regulations and ordinances of all legally constituted authorities existing at any time during the continuance of such performance in any way affecting the Premises or the use of the above requirements during Premises by Tenant. Tenant shall promptly pay and discharge any and all licenses, liens or other charges arising out of or in connection with the last two (2) years performance of any act required or permitted Tenant hereunder and shall keep the Premises free and clear of any and all such liens or charges. Tenant shall comply with all laws, ordinances, rules, orders or regulations applicable to Tenant's use of the Lease and such action Premises. Tenant shall be responsible for any expense incident to comply abatement or compliance with requirements of any federal, state or local statutory or regulatory requirements caused, directly or indirectly, by the activities of the above requirements would cost Landlord Tenant or Tenant's agents, employees, invitees and contractors. Notwithstanding anything to the contrary contained in excess of one (1) year’s rentthis Article 14, then Landlord may terminate this Lease by giving written notice of termination to Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall electnot be required to make any structural alterations, before termination becomes effective, to pay to Landlord all costs for the necessary compliancerepairs or replacements.
Appears in 1 contract
Samples: Lease Agreement (H Power Corp)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular manner of use or occupancy of the Premises (as opposed to Tenant use and occupancy of the Premises for general office use). In addition, Tenant, at Tenant’s expense, shall comply with all laws, codes, rules, orders, ordinances, directions, regulation, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the condition, maintenance, use, occupation, operation or alteration of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason , or the conduct of Tenant’s business therein, including without limitation the Americans with Disabilities Act and the implementing regulations thereof (the “ADA”), and all applicable zoning, recycling and environmental laws and regulations. Tenant hereby agrees to indemnify and hold harmless Landlord and its agents, officers, directors and employees from and against any cost, damage, claim, liability and expense (including attorneys’ fees) arising out of claims or suits brought by third parties against Landlord, its agents, officers, directors and employees alleging or relating to the failure of the Premises to comply with the terms of the ADA, or any other law or regulation applicable to the Premises and relating to Tenant’s particular manner of use or occupancy, at its sole cost occupancy of the Premises (as opposed to Tenant use and expenseoccupancy of the Premises for general office use). With regard to the physical structure Common Areas of the PremisesBuilding, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the Premises ADA) in order to attempt to bring the Common Areas of the Building in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure Common Areas of the Premises Building to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure Common Areas of the Premises Building (excluding any tenant improvements or alterations) to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises Common Areas of the Building or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agreeNotwithstanding anything contained herein to the contrary, however, it is agreed that if in the event of any actions is necessary in order to comply with any non-compliance by the Common Areas of the above Building with the applicable requirements during the last two (2) years of the Lease and such action to comply with any ADA, Landlord shall not be deemed in breach of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice if such non-compliance does not materially impair Tenant’s use of, or operations from, the Premises or threaten or endanger the health or safety of termination to Tenant or Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance’s Invitees.
Appears in 1 contract
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises Building with applicable governmental regulations, including without limitation, compliance with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure of the PremisesBuilding, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the Premises ADA) in order to attempt to bring the physical structure of the Building in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises Building to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises Building (excluding any tenant improvements or alterations) to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises Building or the activities therein to comply with the applicable requirements of the ADA. Landlord and Notwithstanding anything contained herein to the contrary, it is agreed that: (a) Tenant agree, however, that if is exclusively responsible for all compliance with all requirements of any actions is necessary legally constituted public authority in order the event non-compliance relates to comply with any the design of the above requirements during the last two (2) years interior of the Lease Premises pursuant to the Plans or Tenant’s use of Premises and such action to comply with (b) in the event of any non-compliance for which Landlord is responsible, Landlord shall not be deemed in breach of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice if such non-compliance does not materially impair Tenant’s use of, or operations from, the Premises or threaten or endanger the health or safety of termination to Tenant or Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance’s Invitees.
Appears in 1 contract
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the ADA) in order to attempt to bring the physical structure of the Premises in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligationobligation and expenses, will take the action(s) necessary to cause the physical structure of the Premises (excluding any Tenant improvements or alterations therein) to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during requirements, the last two (2) years of cost to Landlord or Tenant, as the Lease and such action case may be, shall exceed a sum equal to comply with any of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord the party who is obligated to comply with such requirements may terminate this Lease by giving written notice of termination to Tenantthe other party, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlordthe party giving such notice, unless Tenant shall electthe party receiving such notice of termination shall, before termination becomes effective, to pay to Landlord the party giving notice all costs of compliance in excess of one (1) year’s rent, or secure payment of said sum in a manner satisfactory to the party giving notice. In the event of such termination, Tenant shall have no further obligation or liability hereunder except for those obligations accruing prior to the necessary complianceeffective date of termination. Notwithstanding anything contained herein to the contrary, it is agreed that: (a) Tenant is exclusively responsible for all compliance with all requirements of any legally constituted public authority in the event non-compliance relates to Tenant’s use of, or operations from, the Premises and (b) in the event of non-compliance for which Landlord is responsible, Landlord shall not be deemed in breach of this Lease if such non-compliance does not materially impair Tenant’s use of the Premises or threaten or endanger the health or safety of Tenant or Tenant’s Invitees.
Appears in 1 contract
Samples: Lease Agreement (Icagen Inc)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises with applicable governmental regulations including without limitation, compliance with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “"ADA”") as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular 's use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular 's use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct use good faith and due diligence to undertake those actions that are "readily achievable" (as such term is defined in the ADA) in order to attempt to bring the physical structure of the Premises in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein to comply with the applicable --- requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during requirements, the last two (2) years of cost to Landlord or Tenant, as the Lease and such action case may be, shall exceed a sum equal to comply with any of the above requirements would cost Landlord in excess of one (1) year’s 's rent, then Landlord may the party who is obligated to comply with such requirements is privileged to terminate this Lease by giving written notice of termination to Tenantthe other party, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlordthe party giving such notice, unless Tenant shall electthe party receiving such notice of termination shall, before termination becomes effective, to pay to Landlord the party giving notice all costs of compliance in excess of one (1) year's rent, or secure payment of said sum in a manner satisfactory to the party giving notice. Notwithstanding anything contained herein to the contrary, it is agreed that: (a) Tenant is exclusively responsible for all compliance with all requirements of any legally constituted public authority in the necessary complianceevent non-compliance relates to Tenant's use of, or operations from, the Premises and (b) in the event of non-compliance for which Landlord is responsible, Landlord shall not be deemed in breach of this Lease if such non-compliance does not materially impair Tenant's use of the Premises or threaten or endanger the health or safety of Tenant or Tenant's Invitees.
Appears in 1 contract
Samples: Lease Agreement (Sciquest Com Inc)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises Building with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the PremisesBuilding. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure of the Premises, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the Premises ADA) in order to attempt to bring the physical structure of the Building in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises Building to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises Building to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agreeNotwithstanding anything herein which may imply the contrary, however, that if any actions is necessary in order to comply with any of the above requirements during the last two (2) years of the Lease and such action to comply with any of the above requirements would cost no costs incurred by Landlord in excess complying with the ADA shall be considered Operating Expenses for purposes of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice of termination to Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary complianceLease.
Appears in 1 contract
Samples: Lease Agreement (Amber Road, Inc.)
Governmental Orders. Except as hereinbelow set forth regarding compliance of the physical structure of the Premises Building with applicable governmental regulations, including without limitation, compliance with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Date, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that may be in effect from time to time made necessary by reason of Tenant’s particular use or occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard to the physical structure of the PremisesBuilding, Landlord agrees to construct use good faith and due diligence to undertake those actions that are “readily achievable” (as such term is defined in the Premises ADA) in order to attempt to bring the physical structure of the Building in compliance with the applicable requirements of the ADA in effect as of the Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure of the Premises Building (excluding any tenant improvements or alterations) to be brought into compliance with the ADA as of the Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises Building to so comply, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises Building or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agree, however, that if any actions is necessary in order to comply with any of the above requirements during the last two (2) years of the Lease and such action to comply with any of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice of termination to Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance.applicable
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Governmental Orders. Except as hereinbelow Subject to Landlord’s obligations expressly set forth regarding compliance of the physical structure of the Premises with the applicable requirements of the Americans with Disabilities Act and the implementing regulations (the “ADA”) as of the Commencement Datein this Section 15, Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority that all laws, codes, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county, and municipal authorities, now in force or which may hereafter be in effect from time to time force, including without limitation the Americans with Disabilities Act and the implementing regulations thereof (the “ADA”), and all applicable zoning, recycling and environmental laws and regulations (i) made necessary by reason of Tenant’s particular use or occupancy of the Premises (as opposed to Tenant’s use or occupancy of the Premises for general office use) and (ii) which shall impose any duty upon Landlord or Tenant with respect to the condition, maintenance, operation or alteration of the Premises, or the conduct of Tenant’s business therein. Landlord agrees to comply promptly with any use good faith and due diligence to undertake those actions that are “readily achievable” (as such requirements if not made necessary by reason of Tenant’s particular use or occupancy, at its sole cost and expense. With regard term is defined in the ADA) in order to attempt to bring the physical structure base Building structural components of the Premises, Landlord agrees to construct the Premises in Building into compliance with the applicable requirements of the ADA in effect as of the applicable Premises Portion Commencement Date (it being understood that under no circumstances shall Tenant be responsible for any costs incurred to cause the Premises to comply with the ADA, which may include, but is not limited to, restroom facilities, emergency strobe lights and horns, and building access)Date. If it is determined that for any reason Landlord shall have failed to cause the physical structure base Building structural components of the Premises Building to be brought into compliance with the ADA as of the applicable Premises Portion Commencement Date (to at least the minimum extent required under applicable regulations then in effect), then Landlord, as its sole obligation, will take the action(s) necessary to cause the physical structure of the Premises to so complycompliance, and Tenant acknowledges and agrees that Landlord has and shall have no other obligation or liability whatsoever to Tenant, or to anyone claiming by or through Tenant, regarding any failure of the Premises Building or the activities therein to comply with the applicable requirements of the ADA. Landlord and Tenant agreeNotwithstanding anything contained herein to the contrary, however, it is agreed that if in the event of any actions is necessary in order to comply with any non-compliance by the base Building structural components of the above Building with the applicable requirements during the last two (2) years of the Lease and such action to comply with any ADA, Landlord shall not be deemed in breach of the above requirements would cost Landlord in excess of one (1) year’s rent, then Landlord may terminate this Lease by giving written notice if such non-compliance does not materially impair Tenant’s use of, or operations from, the Premises or threaten or endanger the health or safety of termination to Tenant or Tenant, which termination shall become effective sixty (60) days after receipt of such notice, and which notice shall eliminate the necessity of compliance with such requirement by Landlord, unless Tenant shall elect, before termination becomes effective, to pay to Landlord all costs for the necessary compliance’s invitees.
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