Common use of USE OF LEASED PREMISES Clause in Contracts

USE OF LEASED PREMISES. LESSEE shall use the leased premises for general office, research and development and laboratory use, and any other use ancillary thereto only (the “Permitted Uses”), which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The LESSEE will use the Leased Premises in a safe manner and will not do or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being of other lessees in the Building, or the community, or creates a public or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s express written consent; which consent shall not be unreasonably withheld, conditioned or delayed. LESSEE, at its sole cost and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6. LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis). LESSEE shall have access to the Leased Premises for LESSEE’s use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense to LESSOR or any other tenants of the Building. LESSOR is not obligated to coordinate any such program in any respect.

Appears in 3 contracts

Samples: Indenture of Lease (Ultragenyx Pharmaceutical Inc.), Indenture of Lease (Dimension Therapeutics, Inc.), Indenture of Lease (Dimension Therapeutics, Inc.)

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USE OF LEASED PREMISES. LESSEE shall use the leased premises for general office, research and development and laboratory use, and any other use ancillary thereto only (the “Permitted Uses”)space only, which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The . LESSEE will use the Leased Premises in a careful, safe and proper manner and will not do or permit any act or thing which that is contrary to any legal or insurance requirement referred to in Section 17 hereof or which that might impair the value of the Leased Premises or Building or any part thereof, or that constitutes a material risk to the safety, health or well-being of other lessees in the Building, Building or the community, or creates a public or private or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, entitled to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) agents into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s express written consent; which consent LESSOR shall not be unreasonably withheldwithhold, conditioned delay or delayedcondition. LESSOR hereby expressly approves LESSEE’s use of the animals, micro-organisms, bacteriological, biological, and pathological agents listed on Exhibit D attached hereto in the Leased Premises. As to any of the foregoing, if and to the extent permitted by LESSOR, LESSEE, at its sole cost and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6). LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance non-compliance with this clause, except to or non-compliance with any conditions imposed by LESSOR hereunder in the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis)future. LESSEE shall have access to the Leased Premises and the Building parking garage for LESSEE’s use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good orderly and presentable condition equivalent to the reasonable standards reasonably set by LESSOR for the Building, reasonable wear ; and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for its own cleaning of the Leased Premises, and the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated (except as required by law) to implement a recycling program, but its implementation, maintenance, or operation shall be be, except as required by law, without any cost or expense to LESSOR or any other tenants of the Building. Except as required by law, LESSOR is not obligated to coordinate any such program in any respect.. In addition to its rights to occupy and use the Leased Premises, LESSEE shall also be entitled to use the following areas, as follows:

Appears in 2 contracts

Samples: Attornment Agreement (Mersana Therapeutics, Inc.), Attornment Agreement (Mersana Therapeutics, Inc.)

USE OF LEASED PREMISES. LESSEE shall use the leased premises for general office, research and development and laboratory use, and any other use ancillary thereto only (the “Permitted Uses”), which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The Building. Notwithstanding the foregoing, the portion of the Leased Premises located in the garage level will be used only for LESSEE’S acid neutralization room. LESSEE will use the Leased Premises in a safe manner and will not do or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being of other lessees in the Building, or the community, or creates a public or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological ‘biological Items”) into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s ’S express written consent; which consent shall not be unreasonably withheld, conditioned or delayed. LESSEE, at its sole cost and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6. LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the Permitted Items” described on Exhibit D E hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE LESSEE, from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s ’S sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s ’S obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D E shall require LESSOR’s ’S further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D E shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance ’S non-compliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than To the extent LESSEE requires additional space for research the proper handling of its hazardous materials, then upon LESSEE’S request LESSOR shall provide LESSEE with the option to occupy such separately demised space in the basement of the Building for such purpose, in and testing purposes as conditioned AS/IS condition and set forth abovewithout representation or warranty by LESSOR of any kind or nature, whereupon an amendment will be executed to this Lease adding the rentable square footage of such additional space to this Lease with adjustment for Annual Base Rent and all Additional Rent at the rates hereunder, and all other calculations (e.g. Percentage Interest) hereunder, to reflect the addition of such space. LESSEE shall not permit any other animals on be under no obligation to accept such space, and LESSOR shall be under no obligation to offer such space more than once. If LESSEE requests such space, LESSOR shall provide LESSEE with the Leased Premises (with exception only keys or access cards for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis)such space. LESSEE shall have access to the Leased Premises for LESSEE’s ’S use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for its own cleaning of the Leased Premises, and the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense to LESSOR or any other tenants of the Building. LESSOR is not obligated to coordinate any such program in any respect.

Appears in 1 contract

Samples: Indenture of Lease (Axcella Health Inc.)

USE OF LEASED PREMISES. LESSEE shall use Regular SOC staff to be housed in the leased premises for general officeLeased Premises will initially be the full-time Executive, research and development and laboratory usethe part time office manager, and any other use ancillary thereto only part-time Stated Clerk (the “Permitted UsesUse)) and in a manner consistent with all applicable building, which uses LESSOR warrants safety, zoning and represents are currently allowed under local zoning applicable environmental laws and regulations (subject collectively, the “Applicable Laws”) and for no other purposes whatsoever. Further, SOC covenants not to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The LESSEE will use the Leased Premises for any purpose inconsistent with the ministry of the Xxxx. Small meetings may occur in a safe manner and will not do or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being of other lessees in the Building, or the community, or creates a public or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or the Leased Premises without prior written notice and the Synod may request space at the Xxxx for other meetings or events conducted in a manner which does not interfere with the Xxxx’x operations, subject to LESSOR availability and LESSOR’s express written consent; which consent the advance approval of the Xxxx. SOC shall not comply with all rules and regulations regarding the use of the Leased Premises, including ingress, egress and the parking lot as established by the Xxxx from time to time. SOC shall be unreasonably withheldsolely responsible for the safety and security of its own property. Before Commencement, conditioned the Office will be cleared of all furniture. SOC shall be permitted to repaint, re-carpet and replace any or delayed. LESSEEall window treatments in the Office at its own expense and in a manner consistent with all Applicable Laws and shall apply for and receive any required permits and certificate of occupancy, if required, at its sole cost expense. All furniture and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6office equipment will be provided by SOC. LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at SOC has inspected the Leased Premises and utilize accepts them for in their current “as-is, where-is condition”, without representation or warranty of the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations Xxxx as to pay all Rent due hereunder or otherwise perform hereundercondition. Any material additions or changes Subject to the Permitted Items shown on Exhibit D express terms hereof, SOC shall require LESSOR’s further consent per the standards set forth above in this Section 6 surrender and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on deliver the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis)in the same or better condition, free of all personal property and debris at Lease termination. LESSEE Tenant shall have access promptly repair all damage to the Leased Premises during the Term of this Lease, failure of which for LESSEE15 days, shall permit, but not require, the Xxxx to undertake the repair at SOC’s use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE expense which shall be responsible for considered additional Rent hereunder. In addition to its use of the prompt and proper disposal of all garbageOffice, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR SOC shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for have the non-exclusive right to use of all tenants for disposal of non-hazardous/non controlled materials the Xxxx’x refrigerator, restrooms and substances. LESSEE may, but shall not be obligated common areas and facilities on the Xxxx property to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense the extent reasonable and incident to LESSOR or any other tenants of the Building. LESSOR is not obligated to coordinate any such program in any respectPermitted Use.

Appears in 1 contract

Samples: Lease and Shared Use Agreement

USE OF LEASED PREMISES. LESSEE The Office Tower shall use be used and occupied throughout the leased premises Lease Term solely for general officeoffice purposes and ancillary purposes reasonably related thereto and the Restaurant Buildings shall be used and occupied throughout the Lease Term solely for restaurant, research café or retail purposes and development ancillary purposes reasonably related thereto and laboratory use, and any for no other use ancillary thereto only (purposes without the “Permitted Uses”), which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The LESSEE will use the Leased Premises in a safe manner and will not do or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being of other lessees in the Building, or the community, or creates a public or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s express written consent; consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. LESSEETenant shall not use or occupy the Premises, nor permit the Premises to be used or occupied, nor permit anything to be done in or about the Premises, which (a) violates or could reasonably be expected to violate any applicable laws, (b) voids or could reasonably be expected to make voidable any insurance then in force with respect to the Premises, (c) damages or could reasonably be expected to damage to the Improvements or any part of the Improvements, (d) constitutes or could reasonably be expected to constitute a public or private nuisance, or (e) which violates or could reasonably be expected to violate the rights of adjoining landowners. Throughout the Lease Term, Tenant, at its sole cost and expense, shall promptly cure and remove any violation and shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, and municipal governments, courts, departments, commissions, boards, any national or local Insurance Rating Bureau, or any other body exercising functions similar to those of any of the foregoing, radical, foreseen or unforeseen, ordinary as well as extraordinary, which may be related to the Premises, or any part of the Premises, or to the use or manner of use of the Premises, or any part of the Premises, whether or not the correction or removal so necessitated shall have been foreseen or unforeseen or whether the same shall involve radical, extraordinary, or capital construction or other disposition. Tenant, at all times at its sole cost and expense, shall comply with the terms and conditions of any covenants, conditions, restrictions and/or reciprocal easement agreements heretofore or hereafter recorded against or binding upon the Premises and shall timely comply with all applicable localobligations of Landlord as the tenant under that certain Ground Lease, state dated as of May 23, 2007, between Xxxxxxxxx Metropolitan District and federal governmental statutesEGDP, regulations, rulings and orders applicable thereto LLC (including procuring any required permits as the same may be amended or authorizations) as to any of the foregoing Biological Items allowed under this Section 6. LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and assigned from time to time as circumstances may require. Notwithstanding any provision to the contrary hereintime, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basisGround Lease”). LESSEE shall have access to the Leased Premises for LESSEE’s use seven days per week and twenty four hours per day for each day of the TermTenant, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at all times at its sole cost and expense. LESSEE , shall be responsible also cause all of the Tenant Parties (as hereinafter defined) to comply with the applicable provisions of such covenants, conditions and restrictions, reciprocal easement agreements and the Ground Lease, and this Lease shall constitute a sublease between Landlord and Tenant with respect to the premises demised under the Ground Lease for the prompt Lease Term. Tenant shall timely pay or perform, as the case may be, all obligations attributable to the Premises or the owner of the Premises under the covenants, conditions and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulationsrestrictions and/or reciprocal easement agreements recorded against the Premises or to the tenant under the Ground Lease. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but Tenant shall not be obligated do or suffer any waste to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense to LESSOR the Premises or any other tenants part of the Building. LESSOR is not obligated to coordinate any such program in any respectPremises.

Appears in 1 contract

Samples: Lease (RE/MAX Holdings, Inc.)

USE OF LEASED PREMISES. LESSEE shall use the leased premises for general office, research and development development, and laboratory use, and any other use ancillary thereto only space (the “Permitted Uses”)inclusive of an adult stem cell collection center) only, which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The . LESSEE will use the Leased Premises in a careful, safe and proper manner and will not do or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which might impair the value of the Leased Premises or Building or any part thereof or which constitutes a material risk to the safety, health or well-being of other lessees Lessees in the Building, Building or the community, or creates a public or private or private nuisance or waste. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, entitled to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) agents into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s express written consent; which consent LESSOR shall not be unreasonably withheldwithhold, conditioned delay or delayedcondition. LESSOR hereby expressly approves LESSEE’s use of the animals, micro-organisms, bacteriological, biological, and pathological agents listed on Exhibit E attached hereto in the Leased Premises. As to any of the foregoing, if and to the extent permitted by LESSOR, LESSEE, at its sole cost and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6). LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance non-compliance with this clause, except to or non-compliance with any conditions imposed by LESSOR hereunder in the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis)future. LESSEE shall have access to the Leased Premises and the Building parking garage for LESSEE’s use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good orderly and presentable condition equivalent to the reasonable standards reasonably set by LESSOR for the Building, reasonable wear ; and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for its own cleaning of the Leased Premises, and the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated (except as required by law) to implement a recycling program, but its implementation, maintenance, or operation shall be be, except as required by law, without any cost or expense to LESSOR or any other tenants of the Building. Except as required by law, LESSOR is not obligated to coordinate any such program in any respect.. In addition to its rights to occupy and use the Leased Premises, LESSEE shall also be entitled to use the following areas, as follows:

Appears in 1 contract

Samples: Indenture of Lease (NeoStem, Inc.)

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USE OF LEASED PREMISES. The LESSEE shall use the leased premises Leased Premises solely for general office, the following purposes: research and development and laboratory userelated office and administrative functions. LESSEE shall be entitled to use only 10.30% of the parking spaces, on an unreserved basis, existing as of the date hereof. LESSEE may install an alarm system at its own cost and any other expense with a duly qualified alarm company provided same docs not interfere with the electrical and lighting systems of the Premises and 000 Xxxxxxxx Xxxx and provided that LESSOR is given an alarm code to obtain access to the Premises, whenever applicable. LESSEE shall conform to all reasonable rules and regulations now or hereafter promulgated, if any, by LESSOR for the care and use ancillary thereto only (the “Permitted Uses”), which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The LESSEE will use of the Leased Premises in a safe manner and will not do for 000 Xxxxxxxx Xxxx as uniformly enforced against all tenants or permit any act or thing which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being occupants of other lessees in the Building, or the community, or creates a public or private nuisance or wastesaid Park. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitled, for research or testing purposes, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or keep the Leased Premises equipped with all safety appliances and permits, which relate to LESSEE’S particular use of the Leased Premises or as required by law, ordinance, order or regulation of any public authority. LESSEE shall keep the Leased Premises equipped at all times with adequate fire extinguishers and other such equipment reasonably required by LESSOR and, upon notice by LESSOR, shall make all repairs, alterations, replacements, or additions so required. LESSEE will not bring into or install in the Leased Premises any heavy equipment or machines without the prior written notice approval of LESSOR as to methods of transportation and installation (LESSOR may prohibit installation if the weight of any such item will exceed weight limits which the floors were designed to carry or bear, or if LESSOR decides that the same will cause vibration or noise to be transmitted to the building structure or to areas outside the Leased Premises), nor shall Tenant move any substantial portion of any equipment, machines or trade fixture into or out of the Building except by prior arrangement with and approval of LESSOR’s express written consent; which consent shall , said approval not to be unreasonably withheld, conditioned or delayedand by reimbursing LESSOR for any expenses and cost incurred in connection therewith. LESSEELESSOR agrees that LESSEE shall have the right to install and/or replace, at its sole cost and expense, shall comply and with advanced written consent by LESSOR, and only after obtaining all applicable local, state and federal governmental statutesmunicipal licenses, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6. LESSOR may condition its consent to the presence of such animals based on quantity, type, arrangements for storage, sanitation, transportationapprovals, and other physical permits, two existing six (6) foot fume hoods, two or three additional fume hoods and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to upgrade the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them plumbing required for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advancefume hoods, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof)additional benches. Prior to LESSOR’s consent, which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease consent maybe withheld or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless delayed until LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth aboveis satisfied, LESSEE shall not permit submit to the Town of Milford and to LESSOR all plans, drawings, and schematics to show the location of each installations and improvement and shall highlight for LESSOR any other animals impact that any improvements or installations may have on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis). LESSEE shall have access to land, the Leased Premises for LESSEE’s use seven days per week Buildings, 495 Commerce Park, and twenty four hours per day for each day of the Termall guests, subject to the provisions of Section 7 hereof relative to overtime heat invitees, tenants, and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense to LESSOR or any other tenants of the Building. LESSOR is not obligated to coordinate any such program in any respectoccupants.

Appears in 1 contract

Samples: Spring Bank Pharmaceuticals, Inc.

USE OF LEASED PREMISES. LESSEE shall Lessee may occupy and use the leased premises Premises throughout the Lease Term for general officesuch purposes and uses as may be permitted from time to time under the Master Lease and for no other purpose. Lessee shall not use or occupy or permit the Premises to be used or occupied, research and development and laboratory use, and any other use ancillary thereto only (the “Permitted Uses”), which uses LESSOR warrants and represents are currently allowed under local zoning regulations (subject nor to compliance with federal, state and municipal safety, healthy, building, and sanitary codes), and any encumbrance and restrictive instruments and agreements affecting the Building The LESSEE will use the Leased Premises in a safe manner and will not do or permit anything to be done in or on the Premises, in a manner which will in any act way make void or thing voidable any insurance then in force with respect thereto. Further, Lessee shall not use or occupy the Premises, nor permit anything to be done in or on the Premises which is contrary to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to the safety, health or well-being of other lessees in the Building, or the community, or creates will constitute a public or private nuisance nuisance, or waste. Except for which will violate the Permitted Items (as defined hereafter), LESSEE rights of adjoining landowners and Lessee shall not use or occupy or permit the Premises to be entitledused or occupied in any manner which will violate any laws. Lessee shall fully comply with the Master Lease (except the obligation to pay minimum rent under the Master Lease) and all covenants, for research or testing purposesconditions and restrictions imposed upon the Land. Throughout the Lease Term, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or the Leased Premises without prior written notice to LESSOR and LESSOR’s express written consent; which consent shall not be unreasonably withheld, conditioned or delayed. LESSEELessee, at its sole cost and expense, shall promptly remove any violation and shall promptly comply with all applicable localpresent and future laws, state ordinances, orders, rules, regulations and federal governmental statutesrequirements of all federal, regulationsstate, rulings and orders applicable thereto (including procuring municipal governments, courts, departments, commissions, boards, any required permits national or authorizations) as local Insurance Rating Bureau, or any other body exercising functions similar to those of any of the foregoing Biological Items allowed under this Section 6. LESSOR foregoing, radical, foreseen or unforeseen, ordinary as well as extraordinary, which may condition its consent be related to the presence of such animals based on quantityPremises, typeor any part thereof, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision or to the contrary hereinuse or manner of use of the Premises, LESSOR hereby consents and agrees that LESSEE may keep or any part thereof, whether or not the “Permitted Items” described on Exhibit D hereto at correction or removal so necessitated shall have been foreseen or unforeseen or whether the Leased Premises and utilize them for the Permitted Uses hereundersame shall involve radical, provided howeverextraordinary, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which capital construction or other disposition. Lessee shall not in manner abrogate this Lease do or reduce suffer any of LESSEE’s obligations to pay all Rent due hereunder waste, damage, disfigurement or otherwise perform hereunder. Any material additions or changes injury to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilities, claims, demands, actions or other losses arising from LESSEE’s noncompliance with this clause, except to the extent the same results or arises from the negligence or willful misconduct of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval by LESSEE on a case by case basis). LESSEE shall have access to the Leased Premises for LESSEE’s use seven days per week and twenty four hours per day for each day of the Term, subject to the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated to implement a recycling program, but its implementation, maintenance, or operation shall be without any cost or expense to LESSOR or any other tenants of the Building. LESSOR is not obligated to coordinate any such program in any respectpart thereof.

Appears in 1 contract

Samples: Lease (Three Five Systems Inc)

USE OF LEASED PREMISES. The LESSEE shall use the leased premises PREMISES for the purpose of general office, research and development and laboratory office use, as defined in the City of Cambridge Zoning Ordinance. LESSEE shall not do, permit or suffer in, on, or about the Premises the sale of any alcoholic liquor without the written consent of LESSOR first obtained. LESSEE shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (collectively, the "LESSEE Entities") to at any time handle, use, manufacture, store or dispose of in or about the Premises or the Building any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other use ancillary thereto only (the “Permitted Uses”)similar substances, which uses LESSOR warrants and represents are currently allowed under local zoning regulations (petroleum products or derivatives or any substance subject to compliance with regulation by or under any federal, state and municipal safetylocal laws and ordinances relating to the protection of the environment or the keeping, healthyuse or disposition of environmentally hazardous materials, buildingsubstances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and sanitary codesall rules and regulations issued pursuant to any of such laws or ordinances (collectively `Environmental Laws"), and nor shall LESSEE suffer or permit any encumbrance and restrictive instruments and agreements affecting Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building The and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, LESSEE will may handle, store, use or dispose of products containing standard quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover, cleaning materials and solvents commonly used in offices in the Leased Boston, Massachusetts area, and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that LESSEE shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and will not do or permit any act or thing which is contrary never allow such Hazardous Materials to any legal or insurance requirement referred to in Section 17 hereof or which constitutes a risk to contaminate the safetyPremises, health or well-being of other lessees in the Building, Building and appurtenant land or the community, or creates a public or private nuisance or wasteenvironment. Except for the Permitted Items (as defined hereafter), LESSEE shall not be entitledprotect, for research or testing purposesdefend, to bring any animals (including without limitation laboratory mice, rats or other mammals or primates, reptiles or aquatic life); micro-organisms; or bacteriological, biological, or pathological agents; (collectively, “Biological Items”) into the Building or the Leased Premises without prior written notice to LESSOR indemnify and LESSOR’s express written consent; which consent shall not be unreasonably withheld, conditioned or delayed. LESSEE, at its sole cost hold each and expense, shall comply with all applicable local, state and federal governmental statutes, regulations, rulings and orders applicable thereto (including procuring any required permits or authorizations) as to any of the foregoing Biological Items allowed under this Section 6. LESSOR may condition its consent to the presence of such animals based on quantityagents or employees, type, arrangements for storage, sanitation, transportation, and other physical and logistical considerations as LESSOR may reasonably determine in each instance and from time to time as circumstances may require. Notwithstanding any provision to the contrary herein, LESSOR hereby consents and agrees that LESSEE may keep the “Permitted Items” described on Exhibit D hereto at the Leased Premises and utilize them for the Permitted Uses hereunder, provided however, such consent by LESSOR does not relieve LESSEE from identifying, procuring in advance, and maintaining any and all municipal, state and federal permits or authorizations therefor (including without limitation the transport, storage and handling thereof), which shall be LESSEE’s sole responsibility and the absence of which shall not in manner abrogate this Lease or reduce any of LESSEE’s obligations to pay all Rent due hereunder or otherwise perform hereunder. Any material additions or changes to the Permitted Items shown on Exhibit D shall require LESSOR’s further consent per the standards set forth above in this Section 6 and upon the giving of such further consent Exhibit D shall be deemed to be amended accordingly. LESSEE hereby indemnifies and holds harmless LESSOR from and against any and all damages, liabilitiesloss, claims, demandsliability or costs (including court costs and attorney's fees) incurred by reason of any actual failure of LESSEE to fully comply with all applicable Environmental Laws, actions or other losses arising from LESSEE’s noncompliance with this clausethe presence, except to the extent the same results handling, use or arises disposition in or from the negligence or willful misconduct Premises of LESSOR. Other than for research and testing purposes as conditioned and set forth above, LESSEE shall not permit any other animals on the Leased Premises (with exception only for bona fide “service animals” subject to advance prior approval Hazardous Materials by LESSEE on a case by case basis). or any LESSEE shall have access to the Leased Premises for LESSEE’s use seven days per week and twenty four hours per day for each day of the Term, subject to Entity (even though permissible under all applicable Environmental Laws or the provisions of Section 7 hereof relative to overtime heat and air-conditioning. LESSEE shall keep the Leased Premises and adjacent areas in a clean and good condition equivalent to the standards reasonably set by LESSOR for the Building, reasonable wear and tear and casualty excepted. LESSEE shall be solely responsible to provide its own cleaning and janitorial services to the Leased Premises, at its sole cost and expense. LESSEE shall be responsible for the prompt and proper disposal of all garbage, refuse, debris and other waste as mandated by reasonable and uniform Building regulations. LESSOR shall provide and maintain a trash dumpster and/or compactor at the Building loading dock, for the non-exclusive use of all tenants for disposal of non-hazardous/non controlled materials and substances. LESSEE may, but shall not be obligated to implement a recycling program, but its implementation, maintenancethis Lease), or operation shall be without by reason of any cost actual failure of LESSEE to keep, observe, or expense to LESSOR or perform any other tenants provision of the Building. LESSOR is not obligated to coordinate any such program in any respectthis Section 7.

Appears in 1 contract

Samples: Bridgeline Software, Inc.

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