Common use of Use of the Premises Clause in Contracts

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises

Appears in 2 contracts

Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)

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Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises.

Appears in 2 contracts

Samples: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office which may include software engineering and development, storage, distribution, offices sales and marketing of medical devicesany office use related thereto. Lessee Tenant shall not use use, or permit the Premises, Premises or any part thereof, thereof to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts donedone in, on or about the Premises, which will increase the existing rate of insurance upon the building in which the Premises are locatedComplex, or cause a cancellation of any insurance policy covering said buildingthe Complex, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, annoy or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building in which the premises are located; Complex nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building of Complex. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the Premises form a partstructure, nor overload any electrical, mechanical or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building properBuilding. Lessee Subject to the provisions of Paragraph 34 of this Lease, Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas of the Complex). No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord which consent may be granted at Landlord's absolute discretion. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be. hereafter erected, whether or not by Landlord, or use of the Complex by any other occupants or use of neighboring buildings or areas by others, shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions, conditions and/or restrictions ("C.C. & R.CC&R's") affecting the Premises and the Complex, and all rules and regulations affecting the Premises, which rules and regulations shall be enforced by Landlord in a non-discriminatory and non-arbitrary manner.

Appears in 1 contract

Samples: Office Lease (Niku Corp)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office use for a permanent and development, storage, distribution, offices temporary employment placement agency and marketing of medical devicesall other legally related uses associated therewith. Lessee Tenant shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building Building in which the Premises are located, or cause a cancellation of any insurance policy covering said buildingBuilding, or any part thereof, nor shall Lessee Tenant sell or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may injure, or disturb the quiet enjoyment of any occupant of neighboring properties or other tenant in the building Building or on the Property in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee Tenant allow the Premises to be used for any improper, immoral, unlawful, or objectionable unlawful purpose. Lessee Tenant shall not place any harmful liquids in the drainage system of the Premises or of the building Building of which the Premises form forms a part. Tenant shall not place any loads upon the floors, walls, ceilings or roof which might endanger the structure nor overload any electrical, mechanical, or other systems. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper Building except in trash containers placed inside exterior enclosures designated approved for that purpose by LessorLandlord, or inside the building Building proper where designated by LessorLandlord. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building Building proper. Lessee Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises (including the common areas and hallways of the Building). No loudspeaker or other device, system, or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. Tenant covenants and agrees that no diminution of light, air or view by any structure which may be hereafter erected, whether or not by Landlord, or use of the Building by any other occupants or use of neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Rent hereunder, or result in any liability of Landlord to Tenant. Tenant shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") Rules and Regulations affecting the PremisesPremises which are attached as Exhibit B. ---------

Appears in 1 contract

Samples: Office Lease (Hall Kinion & Associates Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research computer software marketing and development, storage, distribution, offices engineering normal and marketing of medical devicescustomary to the industry. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering research and development, storage, distribution, offices and marketing clean storage of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee shall comply with all that to the covenantsbest of its knowledge there are no Toxic or Hazardous materials present on, conditions, and/or restrictions ("C.C. & R.'s") affecting at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Packeteer Inc)

Use of the Premises. The Premises shall be used exclusively Lessee will occupy and use the premises for the purpose ------------------- of research above specified and developmentnone other, storageconducting Lessee's customary business activities therein during reasonable hours for the business in the vicinity where located, distributionexcept when prevented by strikes, offices fire, casualty or other causes beyond Lessee's reasonable control and marketing of medical devicesexcept during reasonable periods for repairing, cleaning and decorating the premises. Lessee shall not use sell, store or permit give away any alcoholic liquor, as defined in the PremisesIllinois Liquor Control Act, or any part thereofunless Lessee has first obtained Dram Shop Insurance showing coverage to the full statutory amount for the Lessee and for the Owner, to be used for any purpose or purposes other than and the purpose for which the Premises are hereby leased; and no use Owner in this regard, shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policiesnamed as an insured party. Lessee shall not commit exhibit, sell or suffer to be committed offer for sale, use, rent or exchange on the premises or in the improvements thereon, any waste upon article, thing or service except those ordinarily embraced within the Premises stated use of the premises; and will not make or permit any use of the premises which, directly or indirectly, is forbidden by public law, ordinance or private nuisance governmental or other act municipal regulation or thing order, or which may disturb the quiet enjoyment be dangerous to life, limb or property, or which may invalidate any policy of any other tenant in the building in which insurance carried on the premises are located; nor, without limiting or covering business operation on the generality of premises. Lessee shall maintain the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purposepremises in a clean and orderly and attractive condition. Lessee shall not place make or permit any harmful liquids in noise or odor that is objectionable to the drainage system of public to emanate from the Premises premises and shall not create or of the building of which the Premises form maintain a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building propernuisance thereon. Lessee shall comply with not overload any floor. Lessee shall maintain the heat at a temperature sufficient to prevent the freezing of water and plumbing fixtures and all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premisesother damage caused by low temperatures.

Appears in 1 contract

Samples: Lease Agreement (Omega Health Systems Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research and development, storage, distribution, offices and marketing of medical devicesgeneral office purposes only. Lessee shall not use use, or permit the Premises, or any part thereof, to be used used, for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell sell, or permit to be kept, used, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit commit, or suffer to be committed committed, any waste upon the Premises Premises, or any public or private nuisance nuisance, or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises premises to be used for any improper, immoral, unlawful, unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, materials or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, and it is determined that Lessee is the cause, Lessee hereunder shall be responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorney's fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises. If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent. If any such toxic waste, spillage, or other contaminants are found upon the Premises, and it is determined that Lessee is the cause, Lessee shall comply deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove such substances and remedy the problem. Lessee shall abide by all the covenantslaws, conditionsordinances and statutes, and/or restrictions ("C.C. & R.'s") affecting as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Global Food Technologies, Inc.)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research office, administration, R&D and development, storage, distribution, offices and marketing engineering of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying

Appears in 1 contract

Samples: Lease (Zamba Corp)

Use of the Premises. The Premises Tenant shall be used exclusively for the purpose ------------------- of research use and development, storage, distribution, offices and marketing of medical devices. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which occupy the Premises are hereby leasedthroughout the Term of this Lease for office purposes and uses customarily associated therewith and for no other purpose; and in particular no use shall be made or permitted to be made of the Premises, nor acts done, done which will increase the existing rate of insurance upon the building in which the Premises are locatedBuilding, or cause a cancellation of any insurance policy covering said buildingthe Building, or any part thereof, nor shall Lessee sell Tenant sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee Tenant shall comply with all laws, ordinances, rules, regulations and codes of all municipal, county, state and federal authorities pertaining to Tenant’s use and occupation of the Premises. Tenant shall not commit commit, or suffer to be committed committed, any waste upon the Premises or any public or private nuisance nuisance, or other act or thing which may disturb disturbs the quiet enjoyment of any other tenant in at the building in which Property. Tenant shall also specifically not permit the premises are locatedstorage of tires, flammable products, batteries, fertilizer, charcoal or any other similar items that cause objectionable odors to escape or be emitted from the Premises; norTenant shall insure sanitation and freedom from odor, without limiting the generality of the foregoingsmell and infestation from rodents or insects. Tenant, at its expense, shall Lessee allow the Premises provide (and enclose if required by codes or Landlord) a dumpster or dumpsters for Tenant’s trash in a location and manner approved by Landlord, and shall cause its trash to be used for any improperremoved at intervals reasonably satisfactory to Landlord. In connection therewith, immoralTenant shall keep the dumpster(s) clean and insect, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premisesrodent and odor free.

Appears in 1 contract

Samples: Lease Agreement (UWM Holdings Corp)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of office, administration, research and development, storage, distribution, offices engineering and sales and marketing of medical devicescomputer related products and services. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are locatedlocated unless Lessee pays the cost of any such increase, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge (i) there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy; (ii) no underground storage tanks or asbestos containing building materials are present on the Premises, and (iii) no action, proceeding, or claim is pending or threatened concerning the Premises concerning any Toxic or Hazardous materials in, on, about or under the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises or arising out of or based upon the presence of any Toxic or Hazardous materials on, under, in or about the Premises, unless Lessee or Lessee's agents, employees, contractors or invitees caused the presence of such Toxic or Hazardous materials in, on about or under the Premises.

Appears in 1 contract

Samples: Lease (Clicksoftware Technologies LTD)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, sales, marketing, engineering and research and development, storage, distribution, offices board repair and marketing of medical devicesassembly for voice processing software and hardware products and related materials. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leasedleased without Lessor's prior written consent; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate fate of insurance upon the building in which the Premises are located, located unless Lessee pays the cost of any such increase or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premisesshall

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Brooktrout Technology Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, R&D and development, storage, distribution, offices and marketing of medical deviceslab use for computer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are locatedPremises; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a partsystem. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. proper that causes a nuisance or violates and applicable governmental codes or regulations; Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.C.C.&R.'s") affecting the Premises.

Appears in 1 contract

Samples: Lease (McAfee Associates Inc)

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Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- -------------------- of manufacturing, research and development, storage, distribution, offices ----------------------------------------------------------------------- and marketing of medical devices. --------------------------------- Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises.

Appears in 1 contract

Samples: Lease (Oratec Interventions Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research Sales, marketing and development, storage, distribution, offices and marketing distribution of medical devicescomputer-related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any [improper, immoral, unlawful, ] unlawful or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises [Premises] outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, Lessor [or inside the building proper where designated by Lessor. .] No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.C.C.&R.'s") affecting the Premises. SEE ADDENDUM #4 [Should, at any time during the term of this Lease, or for a period of five (5) years after the termination or expiration of this Lease, there be charges or findings of toxic waste, spillage, or other contaminants found by a governmental agency to be hazardous and requiring removal or remedial work of the same, Lessee hereunder shall be assumed responsible for, and hold Lessor harmless from all claims, obligations, liabilities, and costs, including reasonable attorneys' fees, for the removal, remedial work, or other action required by the governmental agency so prescribing said action, or any other agency having jurisdiction, unless Lessee can demonstrate that such toxic waste, spillage, or other contaminants did not occur as a result of Lessee's operations while occupying the Premises.] If, at any time during the term of this Lease, Lessor suspects that toxic waste, spillage, or other contaminants may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee's expense and Lessee shall pay such costs within fifteen (15) days from the date of the invoice by Lessor provided that said report determines that Lessee was cause of contamination. If any such toxic waste, spillage, or other contaminants are found upon the Premises, Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (SCM Microsystems Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s"’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous materials, excluding, however basic

Appears in 1 contract

Samples: Lease (Opnext Inc)

Use of the Premises. The Premises shall be used exclusively and occupied for the purpose ------------------- specified in Section 1.2, and for no other use or purpose whatsoever, and under the trade name contained in said Section 1.2. The use of research the Premises must be in compliance with rules and developmentregulations promulgated for the Park by Landlord which are now or hereafter in effect and of which Tenant has notice and Tenant's business and operations within the Premises must be in compliance with all applicable laws, storageordinances and regulations of all governmental or quasi-governmental authorities and of all insurance companies insuring the Premises, distributionor the Park, offices and marketing of medical devicesor any portion thereof. Lessee In this connection, it is understood that Tenant shall not be permitted to engage in any business activities outside of the Premises or in the common areas of the Park, without the written permission of Landlord and that all signs outside of the Premises and all displays which are visible outside of the Premises, shall be subject to the approval of Landlord. While parking in the Park shall be non-exclusive, it is understood that Tenant shall have the primary right to use the parking spaces specifically described on Exhibit A-1 attached hereto, provided, however, the Landlord shall have no responsibility to police said parking spaces or permit remove any cars wrongfully parked in Tenant's primary parking area. It is understood that Tenant shall not be permitted to use any areas adjacent to the Premises, or any part thereofareas designated for parking purposes, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation storage of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, materials used in or about the Premises, any article which may be prohibited by the standard form of fire insurance policiesconnection with Tenant's business. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system Any unauthorized use of the Premises or of the building of which areas adjacent to the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures areas designated for that purpose parking shall constitute a default by LessorTenant under the terms of this Lease, or inside if not cured by Tenant within thirty (30) days after receipt of a written notice from the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the PremisesLandlord.

Appears in 1 contract

Samples: Farmstead Telephone Group Inc

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office and research and development, storage, distribution, offices and marketing development of medical devicescomputer related products. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s") affecting the Premises Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee's occupancy. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgements, and costs, including reasonable attorneys' fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee's occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Segue Software Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of research general office, administration, light manufacturing and developmentassembly, storagetesting, distributionmarketing, offices engineering, shipping and marketing of medical devicesreceiving and any other legal uses directly related to Lessee’s business and for no other purpose without Lessor’s prior written consent. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished semifinished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessee shall comply with all the covenants, conditions, and/or restrictions ("C.C. & R.'s"’s”) affecting the Premises. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy and that, prior to the Commencement Date, Lessor has obtained any closure certificates for the Premises from the applicable governmental authorities with respect to prior occupants of the Premises. Lessor shall indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous materials that existed prior to Lessee’s occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Opnext Inc)

Use of the Premises. The Premises shall be used exclusively for the purpose ------------------- of general office, computer laboratory, research and development, storage, distribution, offices shipping and marketing of medical devicesreceiving. Lessee shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the building in which the Premises are located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall Lessee sell or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Lessee shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises Premises are located; nor, without limiting the generality of the foregoing, shall Lessee allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. , Lessee shall not place any harmful liquids in the drainage system of the Premises or of the building of which the Premises form a part. No waste materials or refuse shall be dumped upon or permitted to remain upon any part of the Premises outside of the building proper except in trash containers placed inside exterior enclosures designated for that purpose by Lessor, or inside the building proper where designated by Lessor. No materials, supplies, equipment, finished or semi-finished products, raw materials, or articles of any nature shall be stored upon or permitted to remain on any portion of the Premises outside of the building proper. Lessor represents and warrants to Lessee that to the best of its knowledge there are no Toxic or Hazardous materials present on, at or under the Premises, which shall be deemed to include underlying land and groundwater, at the time of Lessee’s occupancy. Lessor shall be responsible for and indemnify, defend and hold harmless Lessee, its partners, directors, officers, employees, lenders, and successors against all claims, obligations, liabilities, demands, damages, judgments, and costs, including reasonable attorneys’ fees arising from or in connection with any prior Toxic or Hazardous Materials (as defined below) that existed prior to Lessee’s occupancy of the Premises or not caused by Lessee, its agents, employees, invitees or contractors. This indemnity shall survive the termination of the Lease. Lessee in turn represents to Lessor that it does not now and will not in the future permit the use or storage on the Premises of Toxic or Hazardous Materials, excluding, however basic janitorial, maintenance and office supplies, and materials commonly used in connection with Lessee’s business as described in paragraph 6 hereof. For purposes of this Section 6, ‘Toxic or Hazardous Materials” shall mean any product, substance, chemical, material or waste whose presence, nature, quality and/or intensity or existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of Lessee and Lessor to any governmental agency or third party under any applicable statute or common law theory. “Toxic or Hazardous Materials” shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof. Lessee hereunder shall be responsible for and indemnify, and hold Lessor and its partners, directors, officers, employees, lenders, successors and assigns harmless from all claims, obligations, liabilities, demands, damages, judgments and costs, including reasonable attorneys’ fees arising at any time during or in connection with Lessee’s causing or permitting any Toxic or Hazardous Materials to be brought upon, stored, manufactured, generated, handled, disposed, or used on, under or about the Premises. Lessee’s and Lessor’s obligations hereunder shall survive the termination of this Lease. If, at any time during the term of this Lease, Lessor suspects that any Toxic or Hazardous Materials may be present on the Premises, Lessor may order a soils report, or its equivalent, at Lessee’s expense and Lessee shall comply with all the covenantspay such costs if it is determined that Lessee or Lessee’s agents, conditions, and/or restrictions ("C.C. & R.'s") affecting employees or contractors released or caused Toxic or Hazardous Materials on or about the Premises. If any such Toxic or Hazardous Materials are found on or about the Premises and it is determined that Lessee or Lessee’s agents, employees or contractors caused such contamination, Lessor shall consult with Lessee regarding remediation plans and Lessee shall deposit with Lessor, within fifteen (15) days of notice from Lessor to Lessee to do so, the amount necessary to remove the substances and remedy the problem in accordance with applicable law, which Lessor shall use to do the required remediation and shall return to Lessee any unused monies. Lessee shall abide by all laws, ordinances, and statutes, as they now exist or may hereafter be enacted by legislative bodies having jurisdiction thereof, relating to its use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

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