Common use of Occupancy and Use Clause in Contracts

Occupancy and Use. Continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not to injure or deface the Premises, Building, or Lot; and not to permit in the Premises any use thereof which is improper, offensive, contrary to law or ordinances, or liable to create a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require the filing of a notice under applicable federal, state, or local law; not to store or dispose of hazardous substances on the Premises without first submitting to Landlord a list of all such hazardous substances and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, and other codes, regulations, ordinances or laws applicable to the Premises. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 and regulations adopted pursuant to said Act.

Occupancy and Use. Continuously Except for (i) the period of time permitted by this Lease for Tenant to perform Tenant's Work to prepare the Premises for Tenant's initial occupancy as set forth in Section 3.2.1 and (ii) a period of six (6) months at the end of the Term, and (iii) temporary vacancies of not more than forty percent (40%) of the Premises at any one time, continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not , and from time to injure or deface time, to procure all licenses and permits necessary therefor at Tenant's sole expense, and to the Premisesextent set forth in Section 10.21 hereof, Buildingwith Landlord's cooperation. Without limitation, or Lot; Tenant shall comply in all material respects with all federal, state, and not to permit in the Premises any use thereof which is impropermunicipal laws, offensive, contrary to law or ordinances, or liable to create a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq.regulations governing, and all Development Approvals, Subsequent Approvals and Title Exceptions applicable to, Tenant's particular use or manner of use of the Premises. 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 office activities on the Premises; its, transportation, storage, handling, use and disposal of any chemical or radioactive or bacteriological or pathological substances or organisms or other applicable lawshazardous wastes or environmentally dangerous substances or materials or medical waste. Within thirty (30) days of a request by Landlord, ordinances which request shall be made not more than once during each period of twelve (12) consecutive months during the Term hereof, unless otherwise requested by any mortgagee of Landlord, Tenant shall furnish Landlord with copies of all such permits which Tenant possesses or has obtained together with a certificate certifying that such permits are all of the permits which Tenant possesses or has obtained with respect to the Premises. Tenant shall be entitled to redact any Confidential Information from the copies of such permits and regulations; accompanying certificates of Tenant. Tenant shall promptly give notice to notify Landlord of any incident which would require warnings or violations relative to the filing of a notice under applicable matters described in this Section 5.1.2 received from any federal, state, or local municipal agency or by any court of law and shall promptly cure the conditions causing any such violations. Tenant shall not be deemed to be in default of its obligations under the preceding sentence to promptly cure any condition causing any such violation in the event that, in lieu of such cure, Tenant shall contest the validity of such violation by appellate or other proceedings permitted under applicable law; not to store , provided that: (i) any such contest is made reasonably and in good faith, (ii) Tenant makes provisions, including, without limitation, posting bond(s) or dispose of hazardous substances on the Premises without first submitting giving other security, acceptable to Landlord a list of all to protect Landlord, the Building, the Lot and the Complex from any liability, costs, damages or expenses arising in connection with such hazardous substances violation and failure to cure, (iii) Tenant shall agree to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all permits required therefor liability, costs, damages, or expenses arising in connection with such condition and/or violation, (iv) Tenant shall promptly cure any violation in the event that its appeal of such violation is overruled or rejected, and thereafter providing (v) Tenant shall certify to Landlord on an annual basis Landlord's satisfaction that Tenant's certification decision to delay such cure shall not result in any actual or threatened bodily injury or property damage to Landlord, any tenant or occupant of the Building, the Lot or the Complex, or any other person or entity. Landlord agrees that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, and other codes, regulations, ordinances any Confidential Information gained or laws applicable to the Premises. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 and regulations adopted obtained by Landlord pursuant to said Actthis Section 5.1.2 shall be kept confidential in accordance with Section 10.15 hereof.

Occupancy and Use. Continuously from the Commencement Date, to use ----------------- and occupy the Premises only for the Permitted Uses; not to injure or deface the Premises, Building, or Lot; and not to permit in the Premises any use thereof which is improper, offensive, contrary to law or ordinances, or liable to create creates a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent of Landlord Landlord, which shall not be unreasonably withheld, delayed or conditioned, and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require the filing of a notice under applicable federal, state, or local law; not to store or dispose of hazardous substances on the Premises without first submitting to Landlord a list of all such hazardous substances and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, health and other codes, regulations, ordinances or laws laws, to the extent applicable to Tenant's use of the Premises. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 S)9601 and regulations adopted pursuant to said Act, provided, however, "hazardous substances" shall not include customary quantities of ordinary office and cleaning products, fuel for any generators on the Premises.

Occupancy and Use. Continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not Use, and from time to injure time to procure all licenses and permits necessary therefor at Tenant’s sole expense. Without limitation, Tenant shall strictly comply with all federal, state, and municipal laws, ordinances, and regulations governing the use of Tenant’s laboratory, scientific experimentation and the generation, storage, containment and disposal of medical waste. Tenant shall be solely responsible for procuring and complying at all times with any and all necessary permits directly relating or deface incident to: the conduct of its office and research activities on the Premises; its scientific experimentation, Buildingtransportation, storage, handling, use and disposal of any chemical or Lot; and radioactive or bacteriological or pathological substances or organisms or other hazardous wastes or environmentally dangerous substances or materials or medical waste. Within ten (10) days of a request by Landlord, which request shall be made not to permit in more than once during each period of twelve (12) consecutive months during the Premises Term hereof, unless otherwise requested by any use thereof mortgagee of Landlord, Tenant shall furnish Landlord with copies of all such permits which is improper, offensive, contrary to law Tenant possesses or ordinances, has obtained together with a certificate certifying that such permits are all of the permits which Tenant possesses or liable to create a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition has obtained with respect to the Building; not Premises. Tenant shall be entitled to dump, flush, or in redact any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances Confidential Information from the Premises copies of such permits and accompanying certificates of Tenant. Tenant shall promptly give notice to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require warnings or violations relative to the filing of a notice under applicable above received from any federal, state, or local municipal agency or by any court of law and shall promptly cure the conditions causing any such violations. Tenant shall not be deemed to be in default of its obligations under the preceding sentence to promptly cure any condition causing any such violation in the event that, in lieu of such cure, Tenant shall contest the validity of such violation by appellate or other proceedings permitted under applicable law; not to store , provided that: (i) any such contest is made reasonably and in good faith, (ii) Tenant makes provisions, including, without limitation, posting bond(s) or dispose of hazardous substances on the Premises without first submitting giving other security, acceptable to Landlord a list of all to protect Landlord, the Building and the Lot from any liability, costs, damages or expenses arising in connection with such hazardous substances violation and failure to cure, (iii) Tenant shall agree to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's certification liability, costs, damages, or expenses arising in connection with such condition and/or violation, (iv) Tenant shall promptly cure any violation in the event that all such permits have been renewed with copies its appeal of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, healthviolation is overruled or rejected, and (v) Tenant shall certify to Landlord’s satisfaction that Tenant’s decision to delay such cure shall not result in any actual or threatened bodily injury or property damage to Landlord, any tenant or occupant of the Building or the Lot, or any other codes, regulations, ordinances person or laws applicable to the Premisesentity. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 and regulations adopted Landlord agrees that any Confidential Information gained or obtained by Landlord pursuant to said Actthis Section 5.1.2 shall be kept confidential in accordance with Section 10.15 hereof.

Occupancy and Use. Continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not to injure or deface the Premises, Building, or Lot; and not to permit in the Premises anything or permit in the Premises any use thereof which is improper, offensive, contrary to law or ordinances, or liable to create a nuisance or to create an unsafe or hazardous condition or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the atmosphere, septic, ---------- sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances substances, from the Premises to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require the filing of a notice under applicable federal, state, or local law; not to store or dispose of hazardous substances on the Premises Premises, which shall include but not be limited to hazardous conditions --------------------------------------------------------------- from x-ray equipment or compressed gases without first submitting to Landlord ---------------------------------------- a list of all such hazardous substances and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, and other codes, regulations, ordinances or laws applicable to the Premises. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 and regulations adopted pursuant to said Act.

Occupancy and Use. Continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not to injure or deface the Premises, Building, or Lot; and not to permit in the Premises any use thereof which is improper, offensive, contrary to law or ordinances, or liable to create creates a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent of Landlord Landlord, which shall not be unreasonably withheld, delayed or conditioned, and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) §6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require the filing of a notice under applicable federal, state, or local law; not to store or dispose of hazardous substances on the Premises without first submitting to Landlord a list of all such hazardous substances and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's ’s certification that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, health and other codes, regulations, ordinances or laws laws, to the extent applicable to Tenant’s use of the Premises, including without limitation, the Americans with Disabilities Act. "“Hazardous substances" ” as used in this paragraph shall mean "“hazardous substances" ” as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) §9601 and regulations adopted pursuant to said Act; provided, however, “hazardous substances” shall not include customary quantities of ordinary office and cleaning products, fuel for any generators on the Premises, the substances identified on the list attached to this Lease as Exhibit D, and any lubricants, paint, solvents and other substances used in Tenant’s business operations and approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. On each anniversary of the Commencement Date, Tenant shall provide in writing to Landlord a report of all hazardous substances (including for this purpose those listed on Exhibit D) which have been disposed of from the Premises to any other location, including information regarding the quantity and the location to which such items were disposed.

Occupancy and Use. Continuously Except for (i) the period of time permitted by this Lease for Tenant to perform Tenant's Work to prepare the Premises for Tenant's initial occupancy as set forth in Section 3.2.1 and (ii) a period of six (6) months at the end of the Term, and (iii) temporary vacancies of not more than forty percent (40%) of the Premises at any one time, continuously from the Commencement Date, to use and occupy the Premises only for the Permitted Uses; not , and from time to injure or deface time, to procure all licenses and permits necessary therefor at Tenant's sole expense, and to the Premisesextent set forth in Section 10.21 hereof, Buildingwith Landlord's cooperation. Without limitation, or Lot; Tenant shall comply in all material respects with all federal, state, and not to permit in the Premises any use thereof which is impropermunicipal laws, offensive, contrary to law or ordinances, or liable to create a nuisance or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances in or on the Premises or dispose of hazardous substances from the Premises to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) 6901 et seq.regulations governing, and all Development Approvals, Subsequent Approvals and Title Exceptions applicable to, Tenant's particular use or manner of use of the Premises. 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 office activities on the Premises; its, transportation, storage, handling, use and disposal of any chemical or radioactive or bacteriological or pathological substances or organisms or other applicable lawshazardous wastes or environmentally dangerous substances or materials or medical waste. Within thirty (30) days of a request by Landlord, ordinances which request shall be made not more than once during each period of twelve (12) consecutive months during the Term hereof, unless otherwise requested by any mortgagee of Landlord, Tenant shall furnish Landlord with copies of all such permits which Tenant possesses or has obtained together with a certificate certifying that such permits are all of the permits which Tenant possesses or has obtained with respect to the Premises. Tenant shall be entitled to redact any Confidential Information from the copies of such permits and regulations; accompanying certificates of Tenant. Tenant shall promptly give notice to notify Landlord of any incident which would require warnings or violations relative to the filing of a notice under applicable matters described in this Section 5.1.2 received from any federal, state, or local municipal agency or by any court of law and shall promptly cure the conditions causing any such violations. Tenant shall not be deemed to be in default of its obligations under the preceding sentence to promptly cure any condition causing any such violation in the event that, in lieu of such cure, Tenant shall contest the validity of such violation by appellate or other proceedings permitted under applicable law; not to store , provided that: (i) any such contest is made reasonably and in good faith, (ii) Tenant makes provisions, including, without limitation, posting bond(s) or dispose of hazardous substances on the Premises without first submitting giving other security, acceptable to Landlord a list of all to protect Landlord, the Building, the -47- Lot and the Complex from any liability, costs, damages or expenses arising in connection with such hazardous substances violation and failure to cure, (iii) Tenant shall agree to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all permits required therefor liability, costs, damages, or expenses arising in connection with such condition and/or violation, (iv) Tenant shall promptly cure any violation in the event that its appeal of such violation is overruled or rejected, and thereafter providing (v) Tenant shall certify to Landlord on an annual basis Landlord's satisfaction that Tenant's certification decision to delay such cure shall not result in any actual or threatened bodily injury or property damage to Landlord, any tenant or occupant of the Building, the Lot or the Complex, or any other person or entity. Landlord agrees that all such permits have been renewed with copies of such renewed permits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, and other codes, regulations, ordinances any Confidential Information gained or laws applicable to the Premises. "Hazardous substances" as used in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S) 9601 and regulations adopted obtained by Landlord pursuant to said Actthis Section 5.1.2 shall be kept confidential in accordance with Section 10.15 hereof.

Occupancy and Use. Continuously from the Commencement Date, to To use and occupy the Premises only for the Permitted Uses; not to injure or deface the Premises, Building, Building or the Lot; to keep the Premises clean and in a neat and orderly condition; and not to permit in the Premises any use thereof which is improper, offensive, contrary to law or ordinances, or liable to create a nuisance or to create an unsafe or hazardous condition, or to invalidate or increase the premiums for any insurance on the Building or its contents or liable to render necessary any alteration or addition to the Building; not to dump, flush, or in any way introduce any hazardous substances Hazardous Materials or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, not to generate, store or dispose of hazardous substances Hazardous Materials in or on the Premises Premises, or the Lot or dispose of hazardous substances Hazardous Materials from the Premises to any other location without the prior written consent of Landlord and then only in compliance with the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. (S) § 6901 et seq., and all other applicable laws, ordinances and regulations; to notify Landlord of any incident which would require the filing of a notice under applicable federal, state, or local law; not to use, store or dispose of hazardous substances Hazardous Materials on the Premises without first submitting to Landlord a list of all such hazardous Hazardous substances and all permits required therefor and thereafter providing to Landlord on an annual basis Tenant's certification that all such permits have been renewed with copies of such renewed permitspekinits; and to comply with the orders and regulations of all governmental authorities with respect to zoning, building, fire, health, health and other codes, regulations, ordinances or laws applicable to Tenant's particular manner of use of the PremisesPremises or any Tenant alterations. "Hazardous substances" as used Notwithstanding the foregoing, Tenant may use cleaning and other materials and supplies customary and incidental to the use of office premises in this paragraph shall mean "hazardous substances" as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980ordinary amounts, as amended, 42 U.S.C. (S) 9601 and regulations adopted pursuant to said Actprovided that Tenant strictly complies with all applicable legal requirements.