Common use of Tenant's Use Clause in Contracts

Tenant's Use. Tenant shall use the Premises solely for the purposes set forth in Tenant's Use Clause. Tenant shall not use or occupy the Premises in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for the Building or Project, and shall, upon notice from Landlord, immediately discontinue any use of the Premises that is declared by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant, at Tenant's own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions of any governmental agencies or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant. Tenant shall not do or permit to be done anything, which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.

Tenant's Use. Tenant shall use and occupy the Premises solely for ------------ development, marketing and sale of its Chemdex electronic commerce solutions, general office purposes, purposes related or incidental thereto, and for no other use or purpose whatsoever without the purposes set forth prior written consent of Landlord, which consent may be withheld or conditioned in TenantLandlord's Use Clausesole discretion. Tenant covenants and agrees that its electronic commerce solutions business does not and shall not require Tenant to use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other materials which are the subject of its electronics commerce solutions business or otherwise and that Tenant shall not use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other similar materials (even in di minimus amounts) for any reason or purpose whatsoever. Tenant shall not use or occupy the Premises in violation of law any law, regulation, code, ordinance or any covenant, governmental approval or condition or restriction affecting the Building or Project or the certificate of occupancy issued for the Building or ProjectPremises, and shall, upon written notice from Landlord, immediately discontinue any use of the Premises that which is declared not permitted by any governmental authority having jurisdiction to be a violation of law or the certificate of occupancythis Lease. TenantTenant shall, at Tenant's own sole cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directions directive of any governmental agencies or authorities having jurisdiction authority which shall, by reason of the specific nature of Tenant's use or occupancy of the Premises, impose any duty duty, condition, order, exaction or other demand upon Tenant or Landlord with respect to the Premises including, without limitation, any Environmental Laws, or its with respect to the use or occupationoccupation thereof. A judgment of Tenant shall secure any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions and all permits and licenses required to conduct its business in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and TenantPremises. Tenant shall not do (or permit any Tenant Party to be done anything, do) anything which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Building or Project Premises and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.

Tenant's Use. Tenant The Premises shall use the Premises be used solely for the purposes Permitted Use set forth in Tenant's Use Clausethe Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall not use or occupy the Premises in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for the Building or Project, and shall, upon 5 days’ written notice from Landlord, immediately discontinue any use of the Premises that which is declared by any governmental authority Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of law a Legal Requirement. Tenant will not use or permit the certificate of occupancy. Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, at Tenant's own cost and expenseincrease the insurance risk, shall comply with all laws, ordinances, regulations, rules and/or any directions or cause the disallowance of any governmental agencies sprinkler or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenantother credits. Tenant shall not do or permit any part of the Premises to be done anythingused as a “place of public accommodation”, which will invalidate or increase as defined in the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office ADA or any other organization performing a similar functionlegal requirement. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy by reason of Tenant's ’s failure to comply with the provisions of this ArticleSection or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or Project, including, without limitation, conducting or injure or annoy themgiving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any improperunlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about other space in the PremisesProject. Tenant shall not commit place any machinery or suffer to be committed any waste equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Building or in the Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the. existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. From and after the Commencement Date through the expiration of the Term, Tenant shall have access to the Building and the Premises 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises.. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under

Tenant's Use. Tenant The Premises shall use the Premises be used solely for the purposes Permitted Use set forth in Tenant's Use Clausethe Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall not use or occupy the Premises in violation of law or any covenant, condition or restriction affecting the Building or Project or the certificate of occupancy issued for the Building or Project, and shall, upon 5 business days’ written notice from Landlord, immediately discontinue any use of the Premises that which is declared by any governmental authority Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of law a Legal Requirement. Tenant will not use or permit the certificate of occupancy. Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, at Tenant's own cost and expenseincrease the insurance risk, shall comply with all laws, ordinances, regulations, rules and/or any directions or cause the disallowance of any governmental agencies sprinkler or authorities having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenantother credits. Tenant shall not do or permit any part of the Premises to be done anythingused as a “place of public accommodation”, which will invalidate or increase as defined in the cost of any fire, extended coverage or other insurance policy covering the Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office ADA or any other organization performing a similar functionlegal requirement. Tenant shall reimburse Landlord promptly upon demand reimburse Landlord for any additional premium charged for any such insurance policy by reason of Tenant's ’s failure to comply with the provisions of this ArticleSection or otherwise caused by Xxxxxx’s use and/or occupancy of the Premises. Tenant shall will use the Premises in a careful, safe and proper manner and will not do commit or permit anything to be done in waste, overload the floor or about structure of the Premises, subject the Premises to use that will in any way would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Building or Project, including conducting or injure or annoy themgiving notice of any auction, liquidation, or use going out of business sale on the Premises, or allow using or allowing the Premises to be used for any improperunlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about other space in the PremisesProject. Tenant shall not commit place any machinery or suffer to be committed any waste equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Building or in the Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Xxxxxxxx’s sole cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date, regardless of when the lack of compliance is discovered. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.