Common use of Use Clause in Contracts

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Winsonic Digital Media Group LTD), Lease Agreement (Channell Commercial Corp), Lease Agreement (Cohesant Technologies Inc)

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Use. The Premises shall be used only for any use currently being made of the purpose Premises as of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant the date of this Lease and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premisesbe unreasonably withheld. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a public nuisance under Illinois law or would disturb, unreasonably interfere with, or endanger Landlord or the surrounding owners or occupants. So long as Tenant continues any tenants use being made of the Project. Outside storagePremises as of the date of this Lease, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that which are required by Legal Requirements related any ordinances, regulations, codes, statutes or laws now or hereafter applicable to the Premises in connection with said uses. Landlord shall have no obligation to make any changes to the Premises in connection with such uses by Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any such increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc), Lease Agreement (Sanfilippo John B & Son Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Subject to Landlord’s performance of its obligations in the Work Letter, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount of indemnify, defend, hold and save Landlord harmless from and against any and all such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseClaims.

Appears in 4 contracts

Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)

Use. The Tenant shall use the Premises shall be used only in conformance with applicable governmental laws, regulations, rules and ordinances for the purpose of receivingconducting a commercial general office business, storingresearch and development and all related purposes, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct do or give notice of any auction, liquidation, permit to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Complex nor bring or keep or permit to be brought or kept in or about the Premises to use that would damage or the PremisesComplex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Complex or any part thereof, or any of its contents. Tenant shall not do or permit to be done anything in, on or about the Premises or the Complex which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noiseinterfere with the rights of other tenants or occupants of the Complex or injure or annoy them, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or in objectionable purpose, nor shall Tenant cause, maintain or permit any manner that would void Tenant's nuisance in, on or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on about the Premises or the Project is caused Complex. No sale by Tenant's use auction shall be permitted on the Premises. Tenant shall not place any loads upon the floors, walls, or occupation ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of the Premisesbuilding, or because Tenant vacates the Premises, then Tenant overload existing electrical or other mechanical systems. No waste materials or refuse shall pay the amount of such increase be dumped upon or permitted to Landlord. Any occupation remain upon any part of the Premises or outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Tenant prior to Landlord for that purpose or inside of the Commencement Date building proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be subject stored upon or permitted to all obligations remain outside the Premises or on any portion of common area 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. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, attorneys’ fees, or liability arising out of failure of Tenant under to comply with any applicable law. The provisions of this LeaseParagraph 1 are for the benefit of Landlord only and shall not be construed to be for the benefit of any tenant or occupant of the Complex.

Appears in 3 contracts

Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

Use. The (a) Tenant shall use the Premises shall be used only for the purpose of receivingPermitted Uses, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose other purpose. Tenant shall not use or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on occupy the Premises in violation of: (i) any recorded covenants, conditions and restrictions affecting the Property of which Tenant has been given notice by Landlord (Landlord hereby representing that there are no such covenants, conditions or restrictions currently on record which will affect Tenant’s use of the Project is caused by Tenant's use Premises for the Permitted Uses), (ii) any law or occupation ordinance or any Certificate of Occupancy issued for the Building or the Premises, or because (iii) any reasonable Rules and Regulations issued by Landlord for the Building of which Tenant vacates has been given a copy. Tenant shall comply with any directive of any governmental authority with respect to Tenant’s use or occupancy of the Premises. Tenant shall not do or permit anything in or about the Premises which will in any way damage the Premises, then obstruct or interfere with the rights of other tenants or occupants of the Building, or injure them, or use the Premises or allow them to be used for any unlawful purpose. Tenant shall pay not cause, maintain or permit any nuisance in, on or about the amount of such increase to Landlord. Any occupation of Premises, or commit or allow any waste in or upon the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises.

Appears in 3 contracts

Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the ADA as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are Net Multi-Tenant Laboratory 455 Mission Bay/Twist Bioscience - Page 7 required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises with the ADA) triggered by Tenant prior Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant under this LeaseAlterations.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Use. The Premises shall be used only for When using FACILITY or any portion thereof, OCCUPANT agrees to comply with all applicable federal, state, and municipal laws and regulations, and with the purpose of receiving, storing, shipping policies and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure regulations of the Premises or subject DISTRICT pertaining to the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises occupancy of FACILITY. OCCUPANT agrees to take good care of FACILITY and any equipment and furniture located therein, and to leave FACILITY at all times in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants as good order and restrictions now or hereafter applicable condition as existed prior to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to TenantOCCUPANT's use or occupation of the Premisesthereof. Tenant will OCCUPANT shall not use or permit the Premises allow any portion of FACILITY to be used for any purpose unlawful purpose. OCCUPANT shall not commit or allow to be committed any waste or nuisance in or about FACILITY or subject FACILITY to any use that would damage any portion of FACILITY or raise or violate any insurance coverage maintained by DISTRICT. OCCUPANT shall not allow a number of persons in any manner that would void Tenant's portion of FACILITY at any time in excess of the legal or Landlord's insurancenormal capacity of such portion of FACILITY. OCCUPANT shall not permit any food, increase the insurance riskdrink, or cause smoking in any portion of FACILITY without the disallowance prior written consent of DISTRICT. OCCUPANT agrees that DISTRICT has not agreed and will not agree to warrant the suitability or safety of FACILITY or any sprinkler creditsof FACILITY’s contents for the uses intended by OCCUPANT, such that OCCUPANT accepts full responsibility therefor. If a key is issued to the OCCUPANT for access to the FACILITY, and the key is lost by the OCCUPANT or any increase person given the key by the OCCUPANT, the OCCUPANT is responsible for, and will pay in full, the cost of any insurance on rekeying all locks that could be opened by that key, and the Premises or the Project is caused by Tenant's use or occupation cost of replacing all keys required to be replaced as a result of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation loss of the Premises by Tenant prior to key. If the Commencement Date property (or premises) will be used for an athletic activity, OCCUPANT shall be subject to all obligations comply with the requirements of Tenant under this LeaseA.R.S. Section 15-341(A)(24) regarding concussions and head injuries.

Appears in 3 contracts

Samples: Facility Use Agreement, Arizona School, Facility Use Agreement

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any To Landlord’s actual knowledge, the Permitted Use will not result in the voidance of or an increase in insurance risk with respect to the cost insurance currently being maintained by Landlord. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord has received no written notice from any Governmental Authority (as defined in Section 9 below) that the Project is not in compliance with the applicable provisions of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”). Landlord shall be responsible, at Landlord’s sole cost and expense (and not as an Operating Expense) for the compliance of the Common Areas of the Project with the ADA as of the Lease Date. To the extent arising after the Lease Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any alterations or modifications made by Tenant prior Tenant) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. In addition, Landlord shall, at Landlord’s expense, make any alterations or modifications to the Premises that are required due to the non compliance of the Premises with Legal Requirements applicable to the Premises as of the Substantial Completion of Landlord’s Work, except to the extent such alterations or modifications are required by Legal Requirements (including, without limitation, compliance of the Premises with ADA) related to Tenant’s particular use of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first two sentences of this paragraph, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project (but not the Premises) with the Legal Requirements as of the Commencement Date (including compliance of the Common Areas of the Project with Legal Requirements triggered by Landlord’s Work). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or any Tenant under this LeaseAlterations.

Appears in 3 contracts

Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with only and solely for the Permitted Use and for no other purposes whatsoever. Tenant shall be solely liable and responsible for obtaining or maintaining any and all lawsapprovals, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permitsauthorizations, licenses, covenants and restrictions now variances, or hereafter applicable to the Premises permits from any private party or any governmental or quasi-governmental agencies (collectively, "Legal RequirementsPermits") required for the Permitted Use, including without limitation, those required by the Environmental Protection Agency ("EPA") or any state board or agency having authority or jurisdiction over compliance with environmental laws, regulations, or procedures (collectively, "State Agency"). The Premises Landlord shall have no duty or obligation (except as required by law) to assist or otherwise work with Tenant in obtaining or maintaining any such Permits, and Landlord shall have no liability or obligation whatsoever in the event Tenant is unable to obtain any such Permits for whatever reason. Tenant's ability to obtain or maintain any such Permits is not a condition to this Lease or Tenant's liabilities and obligations hereunder. Tenant's failure to obtain or maintain any such Permits shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or affect this Lease in any regulations promulgated thereunder, all as may be amended from time to timemanner whatsoever. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the Premises to be used for any unlawful, disreputable, or extra-hazardous purpose or in any manner that would void Tenant's or Landlord's insuranceunlawful manner. Tenant shall (a) comply with all Federal, increase the insurance riskstate and local governmental laws, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by ordinances, orders, rules and regulations applicable to Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation and occupancy of the Premises including, without limitation, compliance with all laws, ordinances, regulations, and requirements of the EPA or any State Agency and (b) not dump, discharge, generate, release, store, manufacture, or dispose of any hazardous, toxic or nuclear waste or other substances ("Other Hazardous Substances") considered hazardous, toxic or nuclear by any governmental or quasi-governmental agency in violation of any such laws, orders, rules and regulations; and Tenant prior shall give prompt written notice to the Commencement Date shall be subject Landlord of any notification to all obligations Tenant of Tenant under this Leaseany claimed violation thereof.

Appears in 3 contracts

Samples: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s cost and not as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlordsimilar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Any occupation Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 3 contracts

Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, materially increase the insurance riskrisk as a result of a change in Tenant’s operations following the Commencement Date to include activities not customarily being performed by comparable tenants in comparable buildings in the Xxxxxx Xxxxx area, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises (unless Tenant agrees to pay for any reinforcement of the floor as reasonably determined to be necessary by Landlord) or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance on increase in capacity). Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project is caused by Tenant's use Common Areas or occupation the exterior of the PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or because Tenant vacates modifications to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist. Tenant acknowledges and agrees that as of the date of this Lease, the Building has not been constructed and that because the Building has not been constructed, there are no existing disclosures for Landlord to provide to Tenant in connection with the California Nonresidential Building Energy Use Disclosure regulations.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Landlord hereby consents to the transport through the Common Areas and the placement within the Premises (in the locations reflected on the Space Plan (as defined in the Work Letter)) of the Tenant equipment reflected in the Space Plan pursuant to its determination that the same, as located as reflected in the Space Plan, is within the structural capacity of the floor of the Premises. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement applicable to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Appears in 3 contracts

Samples: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)

Use. The Subtenant shall have the right to use the Subleased Premises shall be used only for the Permitted Uses. Subtenant shall not use the Subleased Premises for any purpose of receivingother than the Permitted Uses, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's unless Subtenant obtains Sublandlord’s prior written consent, Tenant may also which consent shall not be unreasonably withheld, qualified or delayed. If Subtenant desires to use the Subleased Premises for light manufacturing. Tenant shall not conduct or give notice any purpose of any auctionother than the Permitted Uses, liquidation, or going out of business sale on Sublandlord may require that Subtenant obtain the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at Subtenant shall conduct its sole expense, shall use operations and occupy activities on the Subleased Premises in material compliance with all lawsApplicable Laws. Subtenant shall indemnify, defend and hold harmless Landlord and Sublandlord from and against any third-party claims and associated lawsuits, governmental actions, obligations, liabilities, damages, costs and expenses (including, without limitation, court costs, litigation expenses and attorneys’ fees) caused by Subtenant’s failure to conduct its operations and activities at the Americans With Disabilities ActSubleased Premises in compliance with Applicable Laws. Subtenant shall have the right to discontinue its operations in the Subleased Premises, ordersin whole or in part, judgmentsat any time Subtenant determines appropriate, ordinancesin its sole and absolute discretion. Nothing contained in this Sublease shall be deemed to require Subtenant to use or occupy the Subleased Premises, regulations, codes, directives, permits, licenses, covenants and restrictions now Subtenant’s vacation of the Subleased Premises or hereafter applicable failure to use or occupy the Premises (collectively, "Legal Requirements"). The Subleased Premises shall not be used as constitute a place of public accommodation under default hereunder. Notwithstanding Subtenant’s election to discontinue its operations at the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Subleased Premises, that are required by Legal Requirements related to Tenant's use or occupation Subtenant shall comply with all of the terms of this Sublease, Subtenant shall not cancel electric or water service to the Subleased Premises. Tenant will not use or permit , and the Subleased Premises shall continue to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase fully heated and cooled as if the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasesame were fully occupied.

Appears in 3 contracts

Samples: Sublease Agreement (American Outdoor Brands, Inc.), Sublease Agreement (Smith & Wesson Brands, Inc.), Sublease Agreement (American Outdoor Brands, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits; provided, however, that in no event shall Tenant’s Permitted Use in compliance with this Lease be deemed a violation of the foregoing. If any As of the Commencement Date, Landlord confirms that Tenant’s use of the Premises in accordance with the Permitted Use and all applicable Legal Requirements will not cause an increase in the cost premiums for the insurance that Landlord is required to maintain under this Lease. Tenant shall not permit any part of any insurance on the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 30 days after written notice as Additional Rent upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises in a manner that is not in compliance with the Permitted Use. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises based upon Tenant’s Share as usually furnished for the Permitted Use.

Appears in 3 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2. Any occupation Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 3 contracts

Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With with Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Adams Golf Inc), Lease Agreement (Adams Golf Inc)

Use. The (a) Tenant shall use the Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the PremisesPermitted Use. Tenant will not occupy or use the Premises, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Project or contents; and in event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Project or contents created by Tenant’s acts or conduct of business then Tenant shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase within thirty (30) days of demand unless Tenant can cause, at its sole cost, the insurance increase to be fully eliminated, and acceptance of such payment shall not constitute a waiver of any of Landlord’s other rights provided herein. Landlord hereby agrees and acknowledges that based on what Landlord knows of Tenant’s intended use of the Premises, the Permitted Use shall not increase Landlord’s fire insurance rates. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Project. Tenant will maintain the Premises in a careful, clean and safe and proper manner condition and will comply with all laws, ordinances, order, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to its specific manner of use of the premises. Tenant will not, without the prior written consent of Landlord, which consent shall not commit wastebe unreasonably withheld, overload conditioned or delayed, paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type on or about the floor or structure exterior of the Premises or subject the Premises any part thereof. Should Landlord agree in writing to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Projectforegoing items in the preceding sentence, Tenant will maintain such permitted item in good condition and repair at all times. Outside storage, including without limitation, storage of but not limited to trucks and or other vehiclesvehicles or equipment shelter, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises which consent shall not be used as a place of public accommodation under the Americans With Disabilities Act unreasonably withheld, conditioned or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasedelayed.

Appears in 2 contracts

Samples: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)

Use. The Leased Premises shall be used only are leased to Tenant solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use set forth in Article 1.9 above and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose whatsoever. Tenant shall not conduct use or give notice occupy or permit the Leased Premises to be used or occupied, nor shall Tenant do or permit anything to be done in or about the Leased Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any casualty or other insurance on the Building, the Project or any of their respective contents, or make void or voidable or cause a cancellation of any auctioninsurance policy covering the Building, liquidation, the Project or going out any part thereof or any of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisestheir respective contents. Tenant shall not do or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any objectionable way obstruct or unpleasant odors, smoke, dust, gas, noiseinterfere with the rights of other tenants or occupants of the Building, or vibrations to emanate from the Premises, Project or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeinjure them. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit allow the Leased Premises to be used for any purpose improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Leased Premises, the Building and/or the Project. Tenant shall not use the Leased Premises, the Building and/or the Project or permit anything to be done in or about the Leased Premises, the Building and/or the Project which will in any manner that would void Tenant's or Landlord's insurance, increase the insurance riskway conflict with any matters of record, or cause any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall, at its sole cost and expense, promptly comply with all matters of record and all laws, statutes, ordinances and governmental rules, regulations and requirements now in force or which may hereafter be in force and with the disallowance requirements of any sprinkler creditsBoard of Fire Underwriters or other similar body now or hereafter constituted, foreseen or unforeseen, ordinary as well as extraordinary, relating to or affecting the condition, use or occupancy of the Project, excluding structural changes not relating to or affected by Tenant’s improvements or acts. If The judgment of any increase court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any matters of record, or any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact between Landlord and Tenant. In addition, Tenant shall not place a load upon any floor of the Leased Premises which exceeds the load per square foot, which the floor was designed to carry, nor shall Tenant install business machines or other mechanical equipment in the cost of any insurance on Leased Premises which cause noise or vibration that may be transmitted to the Premises or the Project is caused by Tenant's use or occupation structure of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.

Appears in 2 contracts

Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord, conduct or give notice of any insurance auction, liquidation, or going out of business sale on the Premises, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall cause Landlord’s Work to be completed in compliance with applicable Legal Requirements (including the ADA). Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s specific use of the Premises, the Tenant Improvements or Tenant’s Alterations) make any alterations or modifications to the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in this paragraph, Tenant, at its sole expense, shall make any alterations or modifications to the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to the Commencement Date Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which has been declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, or because and Tenant vacates the Premisesagrees to reasonably cooperate with Landlord, then Tenant shall pay the amount of and to provide such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinformation and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Vir Biotechnology, Inc.), Lease Agreement (Vir Biotechnology, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the date of this Lease. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises by Tenant prior or Tenant’s alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences and except for Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements (as defined in the Work Letter) in compliance with applicable Legal Requirements, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant Improvements in compliance with applicable Legal Requirements), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises or Tenant’s Alterations (other than to the extent of Landlord’s obligation under the Work Letter to substantially complete the Tenant under Improvements in compliance with applicable Legal Requirements). For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auctiongeneral office use, liquidationas a data processing center and other reasonably related activities, or going out of business sale on only as otherwise outlined and stated in this lease and for no other purpose without the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall not do, bring or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises or the building in which the Premises are located; provided that Tenant's use for those purposes specified in the preceding sentence shall not be prohibited. If the rate of any insurance carried by the Landlord is increased as a result of Tenant's use, Tenant shall pay to Landlord within ten (10) days after written demand from Landlord, the amount of any such increase. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including without limitation, the obligation at its sole expenseTenant's cost to alter, shall use and occupy maintain, or restore the Premises in compliance and conformity with all laws relating to the condition, use, or occupancy of the Premises by Tenant during the term of this Lease provided that Tenant shall not be obligated (nor shall Landlord) to make any material capital improvements required by such laws, including, without limitation, the Americans With Disabilities Actordinances, orders, judgmentsrules and regulations. For purposes of this clause, ordinancesa "material capital improvement" shall mean any capital improvement, regulationsor series of capital improvements within any calendar year, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place costing in excess of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time$25,000. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the use of the Premises to be used for any purpose or in any manner that would void Tenant's will tend to create waste or Landlord's insurancea nuisance or, increase if there shall be more than one tenant of the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of building containing the Premises, which shall unreasonably disturb any other tenant. Tenant hereby acknowledges that neither the Landlord nor the Landlord's agent has made any representation or because warranty to Tenant vacates as to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation suitability of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations conduct of Tenant under this LeaseTenant's business.

Appears in 2 contracts

Samples: Lease Agreement (Fair Isaac & Company Inc), Lease Agreement (Fair Isaac & Company Inc)

Use. A. The Premises shall be used only for the purpose of general office, receiving, storing, shipping shipping, assembly, light manufacturing, and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided. Outside storage, howeverincluding without limitation, with trucks and other vehicles, is prohibited without Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturingconsent which consent shall not be unreasonably withheld. Tenant shall not conduct or give notice at its own cost and expense obtain any and all licenses and permits necessary for its use of any auction, liquidation, or going out of business sale on the Premises. Tenant will shall comply with all governmental laws, ordinances and regulations applicable to the use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, and shall promptly comply with all governmental orders and directives including but not limited to those regarding the correction, prevention and abatement of nuisances in or subject the Premises to use that would damage upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which the Premises are situated or unreasonably interfere with their use of their respective Premises. Outside storageIn addition to any other remedies Landlord may have for a breach by Tenant of the terms of this Section 3, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord shall have the right to have Tenant evicted from the Premises. Without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly inflammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of Insurance or other insurance authority to disallow any sprinkler credits. If any In the event Tenant’s use of Premises shall result in an increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premisespremiums, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasesolely responsible for said increase.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Applied Precision, Inc.)

Use. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, howeverand subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, with including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with the Premises. Tenant will use the Premises in a carefulpremises, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premisespremises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project building in which Tenant occupies space is caused by Tenant's use or occupation and occupancy of the Premisespremises, or because if Tenant vacates the Premisespremises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Any occupation Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant prior Tenant's negligence or failure to the Commencement Date shall be subject to all obligations of Tenant under comply with this Leaseparagraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. The Premises shall be used only for office purposes (the purpose of receiving, storing, shipping and selling (but limited to wholesale sales"PERMITTED USE") products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes purpose. Neither Landlord nor its agents or employees have made any representation or warranty as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use to the suitability of the Premises for light manufacturingthe conduct of Tenant's business. Tenant shall agrees not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the use of the Premises to be used for any purpose which is illegal, dangerous to life, limb or property or which, in any manner that would void Tenant's or Landlord's insurancereasonable opinion, creates a nuisance or which would increase the cost of insurance risk, or cause coverage with respect to the disallowance of any sprinkler creditsBuilding. If In the event there shall be any increase in the cost of any insurance on coverage with respect to the Premises or the Project is caused by Building which results from Tenant's use acts or occupation conduct of the Premises, or because Tenant vacates the Premisesbusiness, then Tenant shall hereby agrees to pay the amount of such increase on demand. Tenant will conduct its business and control its agents, servants, employees, customers, licensees, and invitees in such a manner as not to Landlord. Any occupation unreasonably interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Tenant will maintain the Premises by Tenant prior in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and regulations of any governmental entity with reference to the use, condition or occupancy of the Premises. Tenant covenants not to introduce any toxic material into or near Building. Without limiting the generality of the foregoing, Tenant shall not store, use or dispose of any toxic material in or near the Building. Tenant shall comply with all applicable federal, state, and local laws or ordinances pertaining to the storage, use or disposal of any toxic material. Tenant will comply with the rules and regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules and regulations will be sent by Landlord to Tenant in writing. A copy of the existing rules and regulations is attached hereto as Exhibit "H" and made a part hereof. Tenant agrees not to commit or allow any waste to be committed on any portion of the Premises, and at the termination of this Lease to deliver up the Premises to Landlord in as good condition as at the Commencement Date shall Date, ordinary wear and tear excepted. Tenant will not conduct or permit to be subject to all obligations of Tenant under this Leaseconducted any sale by auction on the Premises. (See Addendum, Section 5).

Appears in 2 contracts

Samples: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)

Use. The Premises demised premises shall be used only for the purpose of general office, receiving, storing, manufacturing, repairing, shipping and selling (but limited to wholesale salesother than retail) products, materials and merchandise made and/or and or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, howeverand subject to any building or building complex rules and regulations which shall not impair Tenant's use of the premises. Outside storage, with including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with the Premises. Tenant will use the Premises in a carefulpremises, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premisespremises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the Projectbuilding in which their premises are situated or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises premises to be used for any purpose or in any manner that manner, including, without limitation, any method of storage which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance State Board of insurance or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project building in which Tenant occupies space is caused by Tenant's use or occupation and occupancy of the Premisespremises, or because if Tenant vacates the Premisespremises and causes an increase in such premiums, then Tenant shall pay as additional rental the amount of such increase to Landlord. Any occupation Tenant agrees that the point pressure resulting from Tenant's racking system, inventory, forklifts and equipment pertaining to Tenant's use of the Premises premises shall not exceed allowable design floor loading for floor slabs on grade. Tenant shall hold harmless Landlord from any loss, liability, and expenses, both real and alleged, arising out of such damage or repair caused by Tenant prior Tenant's negligence or failure to the Commencement Date shall be subject to all obligations of Tenant under comply with this Leaseparagraph.

Appears in 2 contracts

Samples: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000,xx seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more (unless it has a live load of 125 pounds or less per square foot) in or upon the Premises or transport or move such increase to items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Premises based upon Tenant’s Share as usually furnished for the Permitted Use,

Appears in 2 contracts

Samples: Lease Agreement (NextCure, Inc.), Lease Agreement (NextCure, Inc.)

Use. The Premises shall be used only for light manufacturing of biopharmaceuticals and for the purpose of receiving, storing, shipping and selling (but limited to wholesale salesspecifically excluding retail selling) such products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingthereto (including incidental office and warehouse uses). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on similar activities at the Premises. Tenant , and will use the Premises Premises, Building, and Project in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any outside storage, nuisance or objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, Tenant shall use and occupy the Premises in compliance with all federal, state, local, and municipal laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or Act, similar state statutes or statutes, local ordinances ordinances, or any regulations promulgated thereunderrelated regulations, all as may be amended from time to time. The Premises shall not be used for residential purposes. Landlord represents and warrants that, as of the Commencement Date, no written notice has been received by Landlord of non-compliance with any Legal Requirements in connection with the Premises. In the event that Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements existing as of the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements as of the Commencement Date without cost or expense to Tenant and without including such cost or expense as an Operating Expense. Furthermore, in the event Landlord receives notice that the Premises is not in compliance with applicable Legal Requirements which come into effect after the Commencement Date and such non-compliance is not related to Tenant’s specific use of the Premises or Tenant-Made Alterations to the Premises performed by Tenant, Landlord shall make such modifications as may be required by order or directive of applicable governmental authority in order to bring the Premises into compliance with applicable Legal Requirements which shall be chargeable to Tenant as an Operating Expense. Tenant shall, at its expense, make any alterations or modifications, within modifications to the Premises or without the Premises, Project that are required by Legal Requirements related to as a result of Tenant's ’s specific use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Landlord and Tenant acknowledge and agree that Tenant’s use may include parking vehicles inside the Building temporarily overnight, provided that: (a) Tenant is solely responsible, at Tenant’s cost, for compliance with Legal Requirements (including, without limitation, Tenant’s design, permitting and installation of a carbon monoxide/nitrogen oxide (diesel exhaust) detection and ventilation system), and all fire department requirements and approvals in connection with such use, (b) there be no hot works (e.g. for example, and not in limitation, cutting or welding), or painting within 20 feet of any vehicles inside the Premises, and (c) Tenant comply with the requirements of insurers of the Premises and Building.

Appears in 2 contracts

Samples: Lease Agreement (RayzeBio, Inc.), Lease Agreement (RayzeBio, Inc.)

Use. To use the Premises only for the Permitted Uses, and from time to time to procure all licenses and permits necessary therefor, at Tenant’s sole expense. With respect to any licenses or permits for which Tenant may apply, pursuant to this subsection 6.1.2 or any other provision hereof, Tenant shall furnish Landlord copies of applications therefor on or before their submission to the governmental authority. Tenant shall be solely responsible for maintaining compliance with all such permits or approvals and shall hold Landlord harmless for any violations thereof by Tenant. The vivarium will be permitted to be operated in the portion of the Premises shown on plans approved by Landlord in accordance with [Exhibit A], and shall be used only for biopharmaceutical research, development, handling and testing of [rodents and other small mammals] (“Permitted Animals”). If Tenant proposes to use any animals other than the purpose of receivingPermitted Animals in its operations, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's it shall first obtain the prior written consentconsent of Landlord. Animal testing, Tenant may also solely of Permitted Animals, shall be permitted subject to the following: (i) all testing shall be conducted in strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant’ sole cost and expense, in strict compliance with all applicable governmental rules and regulations and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the vivarium; and (iv) Tenant’s use of the Premises for light manufacturing. Tenant vivarium shall not conduct interfere with the peaceable and quiet use and enjoyment by other tenants or give notice occupants of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals into the Premises and shall maintain such permits and approvals during the Lease Term. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noiseuse, or vibrations to emanate from suffer or permit the Premisesuse or occupancy of, or take any other action that would constitute a nuisance suffer or would disturb, unreasonably interfere with, permit anything to be done in or endanger Landlord anything to be brought into or kept in or about the Premises or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, part thereof (including, without limitation, any materials, appliances or equipment used in the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now construction or hereafter applicable to other preparation of the Premises and furniture and carpeting): (collectivelyi) which would violate any of the covenants, "Legal Requirements"). The Premises shall not be used as a place agreements, terms, provisions and conditions of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances this Lease or any regulations promulgated thereunderother legal requirements; (ii) for any unlawful purposes or in any unlawful manner; (iii) which, all as may be amended from time to time. Tenant shallin the reasonable judgment of Landlord shall in any way (a) impair, at its expenseinterfere with or otherwise materially diminish the quality of any of the Building services or the proper and economic heating, make any alterations cleaning, ventilating, air conditioning or modifications, within other servicing of the Building or without the Premises, that are required by Legal Requirements related to Tenant's or with the use or occupation occupancy of any of the other areas of the Building, or occasion injury or damage to any occupants of the Premises or other tenants or occupants of the Building; or (iv) which is inconsistent with the maintenance of the Premises. Tenant will not use or permit All Hazardous Substances, laboratory chemicals, laboratory animals and other laboratory materials must be brought into the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase via the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasefreight elevator.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

Use. The Tenant shall use the Leased Premises shall be used only for the purpose of receivinggeneral office purposes, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's purpose without the prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice consent of any auction, liquidation, or going out of business sale on the PremisesLandlord. Tenant will not use or occupy the Leased Premises in a carefulfor any unlawful purpose, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance comply with all present and future laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codesand orders of the United States of America, directivesthe state in which the Leased Premises are located, permits, licenses, covenants and restrictions now all other governmental units or hereafter applicable agencies having jurisdiction over the Property and the Leased Premises. Tenant agrees to operate its business in the Leased Premises (collectively, "Legal Requirements")during the entire Term and to conduct its business in a reputable manner. The Premises Tenant shall not be used as a place of public accommodation under cause, maintain or permit any outside storage on or about the Americans With Disabilities Act Leased Premises, shall not commit or similar state statutes or local ordinances suffer any waste upon the Leased Premises, or any regulations promulgated thereundernuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the Building. No use shall be made or permitted to be made of the Leased Premises, all as nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof. Tenant shall not sell, or permit to be kept, used, in or about the Leased Premises, any article, which may be amended from time to timeprohibited by the standard form of fire insurance policy. Tenant shall, at its sole cost and expense, make comply with any alterations or modificationsand all requirements, within or without pertaining to the Leased Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on organization or company, necessary for the Premises maintenance or reasonable fire and public liability insurance covering the Project is caused by Tenant's use or occupation of the Leased Premises, or because Tenant vacates the Premises, then Building and appurtenances. Tenant shall pay restrict the amount number of employees, including temporary workers, permitted in the Leased Premises to no more than allowed by the prevailing building code at any given time. Tenant shall not place on any floor a load exceeding the floor load per square foot, which such increase floor was designed to Landlordcarry. Any occupation Landlord shall have the right to prescribe the weight, position and manner of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations installation of Tenant under this Leasesafes and other heavy equipment and fixtures.

Appears in 2 contracts

Samples: Meadows Corporate Center (Quality Systems Inc), Meadows Corporate Center (Quality Systems Inc)

Use. The Tenant may use the Demised Premises as a Marine Supply, Boating --- Gear and Boating Apparel store to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses or for any other lawful purpose for which Landlord provides it's written consent, such consent not to be unreasonably withheld. Landlord's consent shall be used only for deemed to not be unreasonably withheld where (1) Tenant's proposed use would violate an exclusive granted in the purpose Entire Premises, or (2) Tenant's proposed use would duplicate an existing use in the Entire Premises. Tenant shall indemnify and hold Landlord harmless of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed from all fines or penalties imposed by law arising by reason of the violation by Tenant of any laws, rules, ordinances or regulations relating to the conduct of business in the Demised Premises issued by any governmental authority having jurisdiction over the Demised Premises. Tenant shall not have any obligation to continuously use or occupy the Demised Premises or conduct business therein during the Term and for such other lawful purposes as may be incidental theretoTenant shall have the right (at any time and from time to time) to discontinue the use and occupancy of the Demised Premises or cease the conduct of business therein; provided, however, with Landlord's prior written consent, Tenant may also use that neither the Premises for light manufacturing. Tenant shall not conduct or give notice cessation of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation occupancy of the Premises. Demised Premises nor the discontinuation of the conduct of business therein shall relieve or discharge Tenant will not use from its obligation to pay Rent, Additional Rent or permit other amounts payable by Tenant and perform the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase obligations required by this Lease in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasetime and manner set forth herein.

Appears in 2 contracts

Samples: Lease Agreement (West Marine Inc), Lease Agreement (West Marine Inc)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will that use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure shown as Item 3 of the Premises or subject the Premises to use that would damage the Premises. Tenant Basic Lease Provisions and shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used solely for any other purpose without the prior written consent of Landlord which consent may be withheld in Landlord's sole discretion. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. A judgment of any court of competent jurisdiction or the admission by Tenant in any manner action or proceeding against Tenant that would void Tenant has violated any such laws, ordinances, regulations, rules and/or directions in the use of the Premises shall be deemed to be a conclusive determination of that fact as between Landlord and Tenant's . Tenant shall not do or Landlord's insurance, permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any fire, extended coverage or any other insurance on policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the National Fire Protection Association or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Section, but such reimbursement shall not be construed as curing Tenant's default for failing to comply with the provisions of this Section. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Building, or injure or annoy them, or use or occupation of allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises, . Tenant shall not commit or because Tenant vacates suffer to be committed any waste in or upon the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Alpha Technologies Group Inc, Alpha Technologies Group Inc

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon five (5) business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord’s sole cost, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Thereafter, Landlord shall be responsible, subject to reimbursement as part of Operating Expenses, for the compliance of the Common Areas of the Project with Legal Requirements first applicable to the Project following the Commencement Date, except to the extent arising from Tenant’s Alterations or Tenant’s particular use or occupancy of the Premises, in which case Tenant shall be responsible for the same. Subject to the requirements of the Work Letter, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to Tenant’s Alterations or Tenant’s use or occupancy of the Premises during the Term. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s Alterations or Tenant’s use or occupancy of the Premises during the Term, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Premises during the Term.

Appears in 2 contracts

Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Use. The Premises Tenant shall be used only use the Land for the purpose of receivingconstructing, storingmaintaining, shipping and selling (but limited to wholesale sales) productsoperating for profit an amusement facility under the trade name Festival Fun Parks, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, LLC including, without limitation, the Americans With Disabilities Actfollowing amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and other Festival Fun Parks attractions; provided, ordershowever, judgmentsTenant can vary the use consistent with the then highest and best use of the Land, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended reasonably determined by Tenant from time to timetime during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and authorize such alternate use; provided however, Landlord may consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and Improvements in giving or withholding its consent. Subject to such right of Landlord, Landlord acknowledges that Tenant may change the use of the Land pursuant to Paragraph 6.1 of this Lease. Tenant shallshall use commercially reasonable efforts to use and permit use of the Land for purposes permitted by this Paragraph 1 which in Tenant’s reasonable opinion will maximize Gross Income (as hereinafter defined). Tenant shall not use and shall not permit or suffer the Land or any portion of the Land to be used in any manner that would violate the provisions of any certificate of occupancy or conditional use permit issued with respect to any of the Improvements, at its expenseor any other license, make any alterations permit, or modifications, within or without other governmental authorization that is required for the Premises, that are required by Legal Requirements related to Tenant's lawful use or occupation occupancy of all or any portion of the PremisesLand or the Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and maintain the same throughout the term of this Lease or throughout the duration of the period the same shall be required. Tenant will not use the Land inconsistent with any private covenant, condition or permit the Premises restriction, currently recorded or hereafter consented to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises writing by Tenant prior (“CC&R’s”), any conditional use permit (“CUP”) or any other zoning or other restrictive provision to which the Commencement Date shall be subject to all obligations of Tenant under this LeaseLand is subject.

Appears in 2 contracts

Samples: Ground Lease, Ground Lease (Palace Entertainment Holdings, Inc.)

Use. The Subtenant shall use the Sublease Premises solely for the Permitted Use set forth in, and subject to the terms and conditions of, the Master Lease. Subtenant’s business shall be used only for established and conducted throughout the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also term hereof in a first-class manner. Subtenant shall not use the Sublease Premises for light manufacturingfor, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation, nor permit any auction sale to be held or conducted on or about the Sublease Premises. Tenant Subtenant shall not conduct do or give notice suffer anything to be done upon the Sublease Premises which will cause structural injury to the Sublease Premises. If any act on the part of Subtenant, and/or the use and occupancy of the Sublease Premises by Subtenant shall cause, directly or indirectly, any increase of Master Landlord and/or Sublandlord’s insurance expense, such additional expense shall be paid by Subtenant to Sublandlord upon demand. No such payment by Subtenant shall limit Sublandlord in the exercise of any auction, liquidationother rights or remedies, or going out constitute a waiver of business sale on Sublandlord’s right to require Subtenant to discontinue such act or use. Notwithstanding anything to the Premises. Tenant will use contrary contained in the Premises Master Lease and/or this Sublease, Subtenant shall not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials (as defined in a careful, safe and proper manner and will not commit waste, overload the floor or structure Section 29.38.1 of the Premises Master Lease) on, in or subject about the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Sublease Premises, or take transport or permit the transportation of any other action that would constitute a nuisance such Hazardous Materials to or would disturbfrom the Sublease Premises, unreasonably interfere with, except for limited quantities used or endanger Landlord or any tenants stored at the Sublease Premises and required in connection with the routine cleaning and maintenance of the Project. Outside storageSublease Premises, including without limitation, storage and then only upon the written consent of trucks Master Landlord and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use Sublandlord and occupy the Premises in compliance with all applicable laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Credo Technology Group Holding LTD, Credo Technology Group Holding LTD

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 10 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk or cause the disallowance of any sprinkler or other credits with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Building. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, subject to the first sentence of this paragraph, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant's ’s failure to comply with any Legal Requirements as required in connection with Tenant’s particular use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation occupancy of the Premises by as provided in this paragraph, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement as required in connection with Tenant’s particular use or occupancy of the Commencement Date shall be subject to all obligations Premises as provided in this paragraph. For purposes of Tenant under Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (NantKwest, Inc.), Lease Agreement (Conkwest, Inc.)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant the uses set forth in Section 1 above, and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Building. Tenant shall not use or occupy the Premises in violation of law or of the Certificate of Occupancy issued for the Building, and shall, upon written notice from Landlord, discontinue any manner that would void Tenant's use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or Landlord's insurance, increase the insurance risk, or cause the disallowance of said Certificate of Occupancy. Tenant shall comply with any direction of any sprinkler credits. If any increase in governmental authority having jurisdiction which shall, by reason of the cost nature of any insurance on the Premises or the Project is caused by Tenant's use or occupation occupancy of the Premises, impose any duty upon Tenant or because Tenant vacates Landlord with respect to the Premises, then Premises or with respect to the use or occupation thereof. Tenant shall pay the amount of such increase to Landlord. Any occupation comply with all rules, orders, regulations and requirements of the Insurance Service Office or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Paragraph. Tenant shall not do or permit anything to be done in or about the Premises by which will in any way obstruct or interfere with the rights of other tenants or occupants of the Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.cause, maintain or permit any nuisance in, on or about

Appears in 2 contracts

Samples: Letter Agreement (Stac Inc), Stac Inc

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) make any alterations or modifications to the Project that are required by Legal Requirements, including the ADA, unless such alterations or modifications are triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or any Tenant Alterations, in which case Landlord shall make such alterations or modifications to the Project at Tenant’s expense. Except as provided in the immediately preceding sentence, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, subject to the first two sentences of this paragraph, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Use. (a) The Premises shall be used only for the purpose of receivinggeneral office, storingadministrative, shipping call center use, storage and selling all other legal uses (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing“Tenant’s Use”). Tenant shall not conduct do or give notice of any auction, liquidation, permit to be done in or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of about the Premises or subject the Building anything which is prohibited by or in any way in conflict with any and all laws, statutes, ordinances, rules and regulations now in force or which may hereafter be enacted or promulgated by any applicable governmental authority or which is prohibited by the standard form of fire insurance policy, or which will increase the existing rate of or affect any fire or other insurance upon the Premises or the Building or any of its contents, or cause a cancellation of any insurance policy covering the Premises or the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises or the Building which will in any way violate the Rules or Regulations set forth in Exhibit C and hereinafter reasonably promulgated by Landlord throughout the Lease, obstruct or interfere with the rights of other tenants in the Building, or injure them, or use that would damage or allow the Premises or the Building to be used for any immoral or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance, in, on or about the Premises or the Building or commit or suffer to be committed any waste in, on or about the Premises or the Building. However, Landlord will take reasonable efforts to not interfere with Tenants’ permitted use of the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable have access to the Building and Premises (collectivelyon a 24 hour/7 day a week basis. Building hours shall be Monday –Friday 8:00 A.M. – 6:00 P.M. and Saturday 9:00 A.M. – 12:00 P.M., "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeexcept holidays. Tenant shallshall be responsible for and shall pay for any increased building security costs, at its expense, make any alterations or modifications, within or without HVAC costs and utilities due to Tenant’s occupancy and the Premisesoperation of HVAC and utilities services outside the normal Building hours for those services which are specifically requested in writing by Tenant; provided, that are required by Legal Requirements related Tenant shall have the right to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase audit such costs in the cost same manner as Tenant’s right to audit Operating Expenses pursuant to Article 7 of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Commercial Triple Net Lease (Extend Health Inc), Triple Net Lease (Extend Health Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or Interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Building and the Project with Legal Requirements (including, without limitation, compliance of the Premises and the Common Areas with the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) triggered by Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or any Tenant Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or any Tenant under this LeaseAlterations. Tenant acknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) applicable to the Premises and Tenant’s use of the Premises (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared in writing by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Landlord. Any occupation ’s cost, for the compliance of the Premises by Tenant prior to (including, without limitation, Landlord’s Work) and the Common Areas of the Project with Legal Requirements as of the Commencement Date (including any non-compliance as of the Commencement Date discovered at a later date during the Term). Commencing on the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose without Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant which consent shall not conduct be unreasonably withheld or give notice of any auction, liquidation, or going out of business sale on the Premisesdelayed. Tenant will use the Premises in a careful, safe and proper manner and, subject to ordinary wear and tear, will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consentparty. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without to the Premises, that are required by as a result of changes in Legal Requirements related to Tenant's use or occupation of after the PremisesCommencement Date. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would (a) void Tenant's or Landlord's insurance, any insurance on the Premises; (b) increase the insurance risk, risk beyond that applicable to the Permitted Use; or (c) cause the disallowance of any sprinkler credits; (d) be prohibited by any applicable laws, rules regulations, ordinances, or restrictions of any government entity; or (e) violate any applicable agreements to which Tenant is bound or of which Tenant has notice. If any increase in the cost of any insurance on the Premises or over that applicable to the Project Permitted Use is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLease other than the payment of rent.

Appears in 2 contracts

Samples: Lease (Blue Rhino Corp), Lease (Blue Rhino Corp)

Use. The Premises Tenant may use the Property for any lawful purpose. At all times such use shall be used only for in compliance with all applicable Laws, including without limitation any zoning, occupancy, permit and license requirements, and in compliance with all rules, regulations, orders and requirements of the purpose American Insurance Association (formerly, the National Board of receiving, storing, shipping and selling (but limited to wholesale salesFire Underwriters) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingor any successor organization. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload so as to cause cancellation of Landlord’s insurance policies or increase the floor or structure premiums thereunder. Landlord makes no representation that such use of the Premises will comply with applicable zoning requirements or subject other Laws. The parties agree that Tenant shall be solely responsible for obtaining, at Tenant’s sole cost and expense, any necessary zoning or other governmental approvals, variances, special use permits or otherwise satisfying any such requirements for Tenant’s use and occupancy of the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, (including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants compliance with building code and restrictions now or hereafter similar regulations applicable to the Premises (collectivelyPremises), "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act without, however, in doing so adversely affecting Landlord or similar state statutes or local ordinances or impairing in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's way Landlord’s current and permitted use or occupation of the Premises. Tenant will not use ; and Landlord makes no warranty or permit the Premises to be used for representation whatsoever that any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premisesforegoing items may be obtained. Any sign or advertising that Tenant has the right to place shall comply with all Laws, or because Tenant vacates the Premises, then and Tenant shall pay the amount of obtain at its sole cost and expense any approval required by such increase to LandlordLaws. Any occupation sign or advertising that Tenant has the right to place shall be placed and maintained at Tenant’s sole cost and expense and shall be removed at the expiration or earlier termination of the Lease, and the portions of the Premises affected by Tenant prior to the Commencement Date removal of Tenant’s signs shall be subject restored to all obligations its condition as it existed as of Tenant under this Leasethe Lease Commencement Date, at Tenant’s sole cost and expense.

Appears in 2 contracts

Samples: Lease (Schnitzer Steel Industries Inc), Schnitzer Steel Industries Inc

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant general office use consistent with the character of a first class office building and shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent. Nothing contained herein shall be deemed to give Tenant any exclusive right to such use in the Project. Tenant shall not use or occupy the Premises in violation of law or of the certificate of occupancy issued for the Building or Project, and shall, upon written notice from Landlord, discontinue any manner that would void Tenant's use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or Landlord's insurance, increase the insurance risk, or cause the disallowance of said certificate of occupancy. Tenant shall comply with any direction of any sprinkler creditsgovernmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. If any Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any fire, extended coverage or any other insurance on policy covering the Building and/or Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Insurance Service Offices, formerly known as the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the Project is caused by Tenant's rights of other tenants or occupants of the Project, or injure or annoy them, or use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of allow the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.used for any

Appears in 2 contracts

Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)

Use. The Premises shall be used and occupied only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant general office use and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's purpose without prior written consent, Tenant may also consent of Sublessor and Landlord. Sublessee's business shall be established and conducted throughout the term hereof in a first class manner. Sublessee shall not use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidationfor, or going out of business carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or conducted on or about the Premises. Tenant will use Sublessee shall not do or suffer anything to be done upon the Premises in a careful, safe and proper manner and which will not commit waste, overload the floor or structure of cause structural injury to the Premises or subject the building of which the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute form a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used as or operated in or upon the Premises which will in any manner injure, vibrate, or shake the Premises or the building of which it is a place part. No use shall be made of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or Premises which will in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, way impair the efficient operation of the sprinkler system (if any) within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of building containing the Premises. Tenant Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise-making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises to be used or any part thereof for any purpose which will increase the existing rate of insurance upon the building in which the premises are located, or in cause a cancellation of any manner that would void Tenantinsurance policy covering the building or any part thereof. If any act on the part of Sublessee or use of the Premises by Sublessee shall cause, directly or indirectly, any increase of Sublessor's or Landlord's insuranceinsurance expense, increase said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the insurance riskexercise of any other rights or remedies, or cause the disallowance constitute a waiver of any sprinkler credits. If any increase in the cost of any insurance on the Premises Sublessor's right to require Sublessee to discontinue such act or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseuse.

Appears in 2 contracts

Samples: Sublease Agreement (Interactive Objects Inc), Fine Com Corp

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With 100 Binney, Cambridge, MA/TCR2 Therapeutics Inc. - Page 12 Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The number of control areas in the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project, Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall pay make any alterations or modifications to the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements for which Tenant is responsible hereunder or related to Tenant’s particular use of the Premises or its Alterations (as defined in Section 12 below), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Lease.or in connection with any failure of the Premises to comply with any Legal Requirement. (b) Intentionally omitted. 000 Xxxxxx, Xxxxxxxxx, MA/TCR2 Therapeutics Inc. - Page 13

Appears in 2 contracts

Samples: License Agreement (Tcr2 Therapeutics Inc.), License Agreement (Tcr2 Therapeutics Inc.)

Use. Premises -------- The Premises shall be used only for the purpose permitted Use as stated in the Basic Lease Information. No other use of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as the Premises may be incidental thereto; provided, however, with made without Landlord's prior written consentapproval, which shall be granted or withheld at Landlord's sole discretion. Without Landlord's prior written approval, which shall be granted or withheld at Landlord's sole discretion, Tenant may also shall not use the Premises for light manufacturingto receive, store, or handle any product, material, or merchandise that is explosive, highly flammable, or hazardous. Outside storage is prohibited. Tenant shall not conduct or give notice be solely responsible for complying with all laws applicable to the Use, occupancy, and condition of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, light, noise, or vibrations to emanate from the Premises, or ; nor take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or person; nor permit the Premises to be used for any purpose or in any manner that would 1) void Tenant's any insurance on the Premises or Landlord's insurancethe Project, 2) increase the insurance risk, or 3) cause the disallowance of any sprinkler credits. If Tenant shall pay to Landlord on demand any increase in the cost of any insurance on the Premises or the Project incurred by Landlord that is caused by Tenant's use or occupation of the Premises, Premises or because Tenant vacates the Premises, then . Tenant shall pay the amount of such increase represents and warrants to Landlord. Any occupation Landlord that Tenant's intended Use of the Premises by is solely for business or commercial purposes, and not for personal, family, or household purposes. Parking Areas ------------- Tenant prior and its employees and invitees shall have the non-exclusive right to use, in common with others, any parking areas associated with the Commencement Date shall be Premises which Landlord may from time-to-time designate for such use, at an allocation of no less than one parking spaces per 1500 square feet of the Premises, subject to all obligations 1) such reasonable rules and regulations as Landlord may promulgate from time to time, and 2) rights of Tenant under this Leaseingress and egress of other tenants and their employees, agents, and invitees. Landlord shall not be responsible for enforcing Tenant's parking rights against third parties.

Appears in 2 contracts

Samples: Lease Agreement (Ebaseone Corp), Lease Agreement (Ebaseone Corp)

Use. The Tenant shall continuously occupy and use the Premises shall be used only for the purpose Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with applicable Law and all lawsinsurance requirements. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, including, without limitation, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgments, ordinancesand all rules, regulations, codesand guidelines promulgated under such laws, directivesas amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), permits, licenses, covenants and restrictions now or hereafter applicable to other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions made by Tenant (collectively, "Legal Requirements"which risk and responsibility shall be borne by Tenant). The Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeabortion issues). Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will shall not use or permit the storage of any explosives, fuel or other hazardous or inflammable materials within the Premises other than such materials and in such quantities which are normal and customary in office space of this type and in compliance with all applicable Laws and insurance requirements. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be used for conducted in the Premises any purpose activity, or place any equipment in any manner that would void Tenant's or Landlord's insuranceabout the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, or because any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant vacates or the contents or equipment in or about the Premises, then and, as a result thereof, Tenant shall pay the amount of be liable for such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date and shall be subject to all obligations considered Additional Rent payable with the next monthly installment of Tenant Base Rent due under this Lease. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Interpace Biosciences, Inc.), Office Lease Agreement (Cancer Genetics, Inc)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants covenants, and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. 00000, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared to be a violation of any Legal Requirement by any Governmental Authority (as defined in Section 9) having jurisdiction. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase in additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the cost provisions of any insurance on the Premises this Section or the Project is otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe, and proper manner and will not commit waste, overload the floor or occupation structure of the Premises, or because Tenant vacates subject the Premises to use that would damage the Premises, then or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner that will require ventilation, air exchange, heating, gas, steam, electricity, or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that may be required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges, and disbursements and costs of suit) (collectively, "Claims") arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold, and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Cell Genesys Inc), Lease Agreement (Cell Genesys Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises by Tenant prior or Tenant’s Alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Turning Point Therapeutics, Inc.), Lease Agreement (Regulus Therapeutics Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingmanufacturing including an electroplating process provided such process emits no unreasonably noxious fumes or odors. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premiseswaste thereon. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Landlord. Any occupation Tenant’s use or occupancy of the Premises by or Tenant’s Alterations, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)

Use. The Premises shall be used (a) Tenant shall, subject to applicable zoning restrictions and any recorded covenants or restrictions in the public records upon the Commencement Date, use and occupy the Premises, including each Site, only for as bowling centers, with ancillary uses including dining establishments, banquet facilities, game rooms, billiard facilities, beauty shops, pro shops, other ancillary entertainment uses, uses permitted pursuant to the purpose of receivingnext succeeding sentence, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be which are incidental theretothereto (including where permitted, food and beverage service, including the sale of alcohol) (collectively, the “Permitted Use”); provided, however, with Landlord's except for the recordation of any Mortgage and any replacements, renewals, amendments, consolidations, modifications, extensions or refinancing thereof or as otherwise required by governmental order, from and after the Commencement Date, without first having obtained Tenant’s prior written consentconsent which may be withheld or granted in Tenant’s sole and absolute discretion, Tenant may also use Landlord shall not record or otherwise take any voluntary action to subject the Premises or Land to any additional (or modify or amend any existing) covenants, restrictions, easements, or other encumbrances of record or otherwise, or any rezoning of the Premises or any Site from the zoning classifications presently in existence as of the Commencement Date. The foregoing restriction on use shall not apply to any minor sublease for light manufacturinga portion of a Site if either (i) the use under such sublease is supporting or ancillary to the Permitted Use or (ii) such portion is excess or not necessary to Tenant’s business operations at the Site and the use is permitted by applicable laws and does not otherwise violate the other terms and conditions of this Lease. Tenant shall not conduct use, suffer or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturbportion thereof, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. to be used by Tenant, at its sole expenseany third party or the public, shall use and occupy the Premises in compliance with all laws, includingas such, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now restriction or hereafter applicable in such manner as might adversely affect Landlord’s title to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without interest in the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any such manner that would void Tenant's as might make possible a claim or Landlord's insuranceclaims of adverse possession by the public, increase the insurance riskas such, or cause the disallowance third Persons, or of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation implied dedication of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseany portion thereof.

Appears in 2 contracts

Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationonly for a medical and beauty consultation and administration office and for no other purpose. 5 In the event the Tenant uses the Premises for purposes not expressly permitted herein, the Americans With Disabilities ActLandlord may terminate the Lease, ordersor without notice to Tenant, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now restrain said improper use by injunction. Tenant shall not do or hereafter applicable permit anything to be done in or about the Premises (collectivelynor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, "Legal Requirements")or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. The Premises Tenant shall not do or permit anything to be used as a place done in or about the Premises which will in any way obstruct or interfere with the rights of public accommodation under other Tenants or occupants of the Americans With Disabilities Act Building or similar state statutes injure or local ordinances annoy them or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose improper, immoral, unlawful or objectionable purposes; nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or allow to be committed any manner that would void waste in or upon the Premises. In the event Tenant's permitted use of the Premises increases the existing rate of or Landlord's affects any fire or other insurance, then and in that event Tenant agrees to pay said increase immediately upon demand by Landlord. By occupying the insurance riskPremises as a Tenant, or cause by installing fixtures, facilities, or equipment, or by performing finishing work, Tenant shall be deemed to have accepted the disallowance of any sprinkler credits. If any increase same and to have acknowledged that the Premises are conclusively in the cost condition required by the Lease. This Lease does not grant Tenant any right of any insurance on air and light over and about the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseBuilding.

Appears in 2 contracts

Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Use. The Premises Tenant shall be used only use the facility for the purpose operation of receivinga licensed RCFE, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose whatsoever without Landlord's prior written consent, which consent may be Initials: /s/ EM /s/ WB 7 withheld in Landlord's sole and absolute discretion. Tenant may also shall not do, bring or keep anything in, on or about the Premises that will cause a cancellation of any insurance maintained by either Landlord or Tenant with respect to the Premises or any personal property located or used thereon, and Tenant shall comply with all requirements imposed by the insurance companies issuing such insurance. Tenant shall not use the Premises in any manner that will constitute waste of the Premises or a nuisance or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises or any part thereof. No machinery, apparatus or other appliance shall be used or operated in, on or about the Premises that will in any manner injure the Premises or any part thereof. Tenant shall pay all payrolls promptly when due respecting all personnel at the Premises and shall file all governmental reports required pursuant thereto (including, without limitation, payroll tax returns), and shall pay such taxes promptly and before delinquency. Tenant shall comply with, and the leasehold created by this Lease shall at all times be subject to, all covenants, conditions, restrictions, easements and rights of way affecting the Premises or the real property on which the Premises are located. At Landlord=s request, Tenant shall furnish any bond which may be required by law in connection with the holding of any funds from residents, including resident's trust funds, and an accounting therefor. Tenant shall be fully responsible for light manufacturingsuch funds, and agrees to indemnify, defend and hold Landlord harmless from and against any losses, liabilities, costs or expenses arising in connection therewith. Tenant shall not conduct or give notice of permit to be conducted in, from or upon the Premises any sale by auction, liquidationwhether such auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor pursuant to any bankruptcy or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinsolvency proceeding.

Appears in 2 contracts

Samples: And Restated Lease Agreement (Emeritus Corp\wa\), And Restated Lease Agreement (Emeritus Corp\wa\)

Use. 11. The Demised Premises shall be used only and occupied by Tenant solely for the purpose purposes of receivingmedical products manufacturing, storingassociated warehousing and general office/R&D uses, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such any other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises purpose to which Landlord consents in a careful, safe and proper manner and writing (which consent will not commit wastebe unreasonably withheld), overload the floor or structure of the Premises or subject the Premises to so long as such use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all applicable laws, including, without limitation, ordinances and governmental regulations affecting the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants Building and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")Property. The Demised Premises shall not be used in such manner that, in accordance with any requirement of law or of any public authority, Landlord shall be obliged on account of the purpose or manner of said use to make any addition or alteration to or in the Building. The Demised Premises shall not be used in any manner which will increase the rates required to be paid for public liability or for fire and extended coverage insurance covering the Property. Tenant shall occupy the Demised Premises, conduct its business and control its agents, employees, invitees and visitors in such a way as a place is lawful and reputable and will not permit or create any nuisance, noise, odor, or otherwise interfere with, annoy or disturb any other tenant in the Building in its normal business operations or Landlord in its management of public accommodation under the Americans With Disabilities Act Building. Tenant's use of the Demised Premises shall conform to all the Landlord's rules and regulations relating to the use of the Property, provided that such rules and regulations do not unreasonably interfere with Tenant's lawful use of the Demised Premises. Outside storage on the Property of any type of equipment, property or similar materials owned or used on the Property by Tenant or its customers and suppliers shall not be permitted. Tenant shall comply with all federal, state statutes or local ordinances or any and municipal laws, ordinances, standards and regulations promulgated thereunder, all as may be amended in effect from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without time governing the Premises, that are required by Legal Requirements related to operation of Tenant's use business including but not limited to federal regulations on occupational exposure to bloodborne pathogens (29 CFR ss. 1910.1030) and ionizing radiation (29 CFR ss. 1910.1096); any applicable Standards of Practice promulgated by the Centers for Disease Control; and all laws, ordinances, standards and regulations governing the transportation, use, storage and disposal of infectious or occupation potentially infectious substances and wastes. Notwithstanding anything in this Lease to the contrary, Tenant, and not Landlord, shall be responsible and shall pay for all costs of segregating, packaging, treating, transporting and disposing of all infectious waste (if any) generated by Tenant, its employees, agents, invitees and visitors at or from the Property. All infectious waste shall be identified, segregated, measured, stored and disposed of by Tenant in a manner that complies with all federal, state and local laws, ordinances, standards and regulations applicable to infectious waste. None of the Premises. Tenant will not use or permit the Premises to Common Areas may be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to for the Commencement Date shall be subject to all obligations storage or disposal of Tenant under this Lease.infectious waste. As used herein, "

Appears in 2 contracts

Samples: Possis Medical Inc, Possis Medical Inc

Use. The Tenant shall use the Premises shall be used only for the purpose Permitted Use and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits and licenses necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. Notwithstanding anything in this Lease to the contrary, includingas between Landlord and Tenant, without limitation, Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgmentsand all rules, ordinancesregulations and guidelines promulgated under such laws, regulationsas amended from time to time (the “Disabilities Acts”) in the Premises. Further, codesLandlord shall be responsible for compliance with Disabilities Acts in the Common Area and with respect to the path of travel to the Premises, directivesunless any non-compliance is caused by or attributable to (a) any Alterations performed by or at Tenant’s request (other than the Work), permits, licenses, covenants and restrictions now or hereafter applicable to (b) Tenant’s specific use of the Premises (collectively, "Legal Requirements"as opposed to general office use). The If Tenant’s initial use of the Premises is not a “place of public accommodation” within the meaning of the Disabilities Acts, then Tenant may not thereafter change the use to cause the Premises to become a “place of public accommodation”. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness or loudness; or which is associated with indecent or pornographic matters. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Project. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlord's insuranceplace any equipment in or about the Premises or the Project, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Project. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, such statement or because threat shall be conclusive evidence that the increase in such rate is due to such activity of Tenant vacates the Premisesand, then as a result thereof, Tenant shall pay be liable for the amount payment of such increase as additional Rent. In no event shall Tenant introduce or permit to Landlord. Any occupation of be kept on the Premises by or brought into the Project any dangerous, noxious, radioactive or explosive substance. Tenant prior agrees to comply with and cooperate with Landlord’s efforts to comply with energy efficiency, green building and/or carbon reduction laws, including occupant, water, energy and transportation surveys within the Commencement Date shall be subject to all obligations of Tenant under this Leasecity, county, state or any other jurisdiction.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, at Landlord’s sole cost and expense, be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of Landlord’s Work or the Tenant Improvements as reflected on the TI Space Plans attached to the Work Letter as Schedule 2 as of the date of Shell Substantial Completion. Any occupation Tenant shall be responsible for the compliance of the Premises by Tenant prior with Legal Requirements and shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements required as a result of any changes to the Commencement Date TI Space Plans attached to the Work Letter as Schedule 2. Following the date of Shell Substantial Completion, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Tenant Improvements or Tenant’s alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to the Tenant Improvements (as defined in the Work Letter), Tenant’s use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary (other than Landlord’s responsibility for the Common Areas as provided for in the first two sentences of this paragraph), Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to the Tenant Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to the Tenant under Improvements, Tenant’s use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Use. The Tenant shall use the Premises shall be used only solely for the Permitted Use, and shall not use the Premises, or permit or suffer the Premises to be used, for any other purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with without Landlord's prior written consent, which consent Landlord may withhold in its sole but reasonable discretion. Tenant may also use shall comply, and cause Tenant Parties to comply, with all Applicable Laws, zoning ordinances and certificates of occupancy issued for the Premises for light manufacturingor any portion thereof. Tenant shall not conduct or give notice make any penetrations in the roof of any auctionBuilding without the consent of Landlord, liquidationand any work on the roof shall be undertaken by contractors approved by the company providing the warranty for the roof and shall otherwise be performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. Tenant shall not commit, or going out allow Tenant Parties to commit, any waste of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noisedo, or vibrations permit Tenant Parties to emanate from do, anything on or about the Premises that in any way invalidates or prevents the procuring, of any insurance protecting against loss or damage to any portion of the Premises or its contents, or against liability for damage to property or injury to persons in or about any portion of the Premises. For purposes hereof, "Tenant Parties" means Tenant's agents, contractors, subcontractors, employees, customers, licensees, invitees, assignees and subtenants; and the term "Applicable Laws" means all federal (to the extent not in direct conflict with applicable state, municipal or local cannabis licensing and program laws, rules and regulations), state, municipal and local laws, codes, ordinances, rules and regulations of governmental authorities, committees, associations, or take other regulatory committees, agencies or governing bodies having jurisdiction over the Premises or any other action that would constitute a nuisance or would disturbportion thereof, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storageTenant, including without limitationboth statutory and common law, storage of trucks hazardous waste rules and other vehiclesregulations, is prohibited without and state cannabis licensing and program laws, rules and regulations. Tenant may only place equipment within the Premises with floor loading consistent with the applicable Building's structural design unless Tenant obtains Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to timeapproval. Tenant shall, at its expense, make any alterations or modifications, within or without may place such equipment only in a location designed to carry the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount weight of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseequipment.

Appears in 2 contracts

Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement, except to the Commencement Date extent arising from Landlord’s negligent or willful acts or omissions. Tenant’s indemnity obligations hereunder, however, shall be subject limited to all obligations the extent of Tenant Tenant’s authority to provide such indemnification under this Leaseapplicable law.

Appears in 2 contracts

Samples: Lease Agreement (Immune Design Corp.), Lease Agreement (Immune Design Corp.)

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Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises by or as a result of Tenant’s Alterations (excluding the Tenant prior Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. After the Commencement Date Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or as a result of Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its expense, make any alterations or modifications, within or without use of the Premises, that are required Tenant may continue to operate in the Premises for such additional period granted by Legal Requirements related to Tenant's use or occupation of the Premisesapplicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building (unless Tenant agrees to pay the cost of any insurance on increase in capacity). Landlord shall be responsible, at Landlord’s cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Project is caused by Tenant's use Common Areas or occupation the exterior of the PremisesBuilding that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or because Tenant vacates modifications to the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or any Tenant prior Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Vividion Therapeutics, Inc.), Lease Agreement (ONCOSEC MEDICAL Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 business days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with the Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises by Tenant prior or Tenant’s alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Except as set forth in the two prior sentences immediately preceding, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Except as otherwise expressly provided in this Lease, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all applicable laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction over Tenant’s operations to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance riskrisk to an unreasonable level, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place equipment exceeding the floor load capacity in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 9 Landlord shall, at Landlord’s cost and expense, be responsible for the compliance of the Building (excluding the Premises and any compliance resulting from the Tenant Improvements all of which costs and expenses shall be the responsibility of Tenant) with Legal Requirements as of the Commencement Date. Tenant, at its sole expense, shall make any improvements, alterations or modifications to the interior or the exterior of the Premises or the Project is that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s Tenant Improvements, Tenant’s Alterations, and/or Tenant particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or caused by Tenant's use or occupation of the Premises’s failure to comply with any Legal Requirements as required herein, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or caused by Tenant’s failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement as required herein.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Ligand Pharmaceuticals Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, materially increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord, within 10 days after delivery to Tenant of written demand therefor, for any additional premium actually charged for any such insurance on policy by reason of Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to Landlordthe Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Any occupation Landlord shall be responsible for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith. The cost to obtain any such certification will not be included as part of Operating Expenses, but any cost to maintain such certification in effect shall be includable as part of Operating Expenses.

Appears in 2 contracts

Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Use. The Premises shall be used only for the purpose of light manufacturing and assembly, receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Tenant, for general office use by Tenant, and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent. Subject to Landlord's representation and warranty in Paragraph 2 hereof, Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawslaws with respect to Tenant's particular use of the Premises, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions (including, without limitation, any covenants, conditions, and restrictions affecting the Project) now or hereafter applicable to such use of the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's particular use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the PremisesPremises beyond that cost that would normally be incurred with respect to a tenant engaging in the uses permitted herein, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Landlord and Tenant agree that Tenant shall have the right to occupy the Premises upon full execution of this Lease by both parties hereto and delivery by Tenant to Landlord of the insurance certificates required hereunder for the purpose of Tenant's preparation of the Premises for occupancy (including without limitation, commencement of any tenant improvements permitted by Landlord or this Lease). Any such occupation of the Premises by Tenant occurring prior to the Commencement Date shall be subject to all obligations the terms and conditions of this Lease, other than any obligation of Tenant under to pay Base Rent or Operating Expenses as defined below. Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall relate only to legally required changes to the interior of the Premises after Tenant's occupancy of the Premises that relate solely to the specific manner of use of the Premises by Tenant; and Landlord shall make all other additions to or modifications of the Project required from time to time by Legal Requirements. The cost of such additions or modifications made by Landlord may be included in Operating Expenses pursuant to Paragraph 6 of this LeaseLease to the extent permitted thereunder, except for those additions or modifications which are Landlord's sole responsibility pursuant to Paragraph 10 of this Lease or due to violations of law by Landlord in existence as of the Commencement Date.

Appears in 2 contracts

Samples: Lease Agreement (Ikanos Communications), Lease Agreement (Ikanos Communications)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. 00000, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, "Legal Requirements"” and each, a “Legal Requirement”). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The provisions of the preceding sentence are intended to apply in the cost event that Tenant’s use of the Premises changes from the use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date. Landlord acknowledges that Landlord does not object to the use which Tenant has disclosed to Landlord that it shall be making of the Premises as of the Commencement Date and Tenant may continue to make such use of the Premises during the Term of the Lease. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter and/or consented to by Landlord in connection with any Alterations, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements solely related to Tenant’s use or occupancy of the Premises, provided that if alterations or because Tenant vacates modifications to the PremisesBuilding or Project (that are not improvements made for the exclusive benefit of another tenant) are required as a result of the occupancy of the Building by one or more tenants, then and not as a result solely of Tenant’s occupancy, the cost of the alterations or modifications shall be paid by Landlord as an Operating Expense. Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 2 contracts

Samples: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, Inc.)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all as may be amended from time to timeapplicable Legal Requirements. Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use and/or occupancy of the Premises. Tenant shall use the Premises in a careful, safe and proper manner and shall not commit or occupation permit waste, overload the floor or structure of the Premises, or because subject the Premises to use that would damage the Premises. Tenant vacates shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including but not limited to, not conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project or Building elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant shall have access to the Premises, then Tenant 24 hours per day, 7 days per week, 365 days per year, subject to the terms of this Lease and to compliance with such reasonable security or monitoring systems and procedures as Landlord may reasonably impose. Landlord shall pay make any alterations or modifications to the amount Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that the costs of such increase alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord. Any occupation ’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations such Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 2 contracts

Samples: License Agreement (Sigilon Therapeutics, Inc.), License Agreement (Sigilon Therapeutics, Inc.)

Use. The Tenant shall continuously occupy and use the Premises shall be used only for the purpose Permitted Use (as set forth in the Basic Lease Information) and shall comply with all Laws relating to the use, condition, access to, and occupancy of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor Building’s Structure or structure of the Premises Building’s Systems or subject the Premises to any use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole cost and expense, shall obtain and keep in effect during the Term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in compliance accordance with all lawsapplicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (250) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, including, without limitation, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities ActAct of 1990, ordersany state laws governing handicapped access or architectural barriers, judgments, ordinancesand all rules, regulations, codesand guidelines promulgated under such laws, directivesas amended from time to time (the “Disabilities Acts”) in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit B), permits, licenses, covenants and restrictions now or hereafter applicable to other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any Alterations made by Tenant (collectively, "Legal Requirements"which risk and responsibility shall be borne by Tenant). The Tenant shall not use any substantial portion of the Premises for a “call center”, any other telemarketing use, or any credit processing use. In addition, the Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any manner that would void Tenant's activity, or Landlord's insuranceplace any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any other insurance on the Premises or the Project Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is caused threatened by Tenant's use or occupation of any insurance company due to activity conducted from the Premises, or because any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant vacates or the contents or equipment in or about the Premises, then and, as a result thereof, Tenant shall pay the amount of be liable for such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date and such increase shall be subject to all obligations considered Additional Rent payable with the next monthly installment of Tenant Base Rent due under this Lease, and Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be kept on the Premises or brought into the Building any dangerous, noxious, radioactive or explosive substance.

Appears in 2 contracts

Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Use. (a) The Premises shall be used only for executive and administrative offices for the purpose conduct of receivingTenant's business, storing, shipping and selling (but limited to wholesale sales) products, materials the uses specifically set forth in the Basic Lease Information and merchandise made and/or distributed for no other purposes whatsoever. The statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord that such business or uses are lawful or permissible under any certificate of occupancy for such other lawful purposes as may be incidental thereto; providedthe Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with Landlord's prior written consent, Tenant may also use respect to the Premises shall allow use for light manufacturingexecutive and administrative offices. Tenant shall not conduct at its own cost and expense obtain any and all licenses and permits necessary for any such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or give notice of any auction, liquidationupon, or going out of business sale on connected with, the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premisesall at Tenant's sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, noise or vibrations to emanate from the Premises, or nor take any other action that which would constitute a nuisance or would disturb, unreasonably interfere with, disturb or endanger Landlord or any other tenants of the ProjectBuilding or unreasonably interfere with their use of their respective premises. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises Tenant shall not be used as a place of public accommodation under the Americans With Disabilities Act receive, store or similar state statutes otherwise handle any product, material or local ordinances merchandise which is explosive or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premiseshighly flammable. Tenant will not use or permit the Premises to be used for any purpose or in any manner that (including without limitation any method of storage) which would void Tenant's or Landlord's insurance, increase render the insurance risk, thereon void or the insurance risk more hazardous or cause the disallowance of Insurance Commissioner or other insurance authority to disallow any sprinkler credits. If any increase in the cost of any fire and extended coverage insurance on premiums paid by Landlord or other tenants for the Premises or the Project Building is caused by Tenant's use or occupation and occupancy of the Premises, or because if Tenant vacates the PremisesPremises and causes an increase in such premiums, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseLandlord as Additional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Sideware Systems Inc), Lease Agreement (Inhibitex Inc)

Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentinspection throughout the Term, Tenant may also all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable way interfere with the rights of other occupants of the Building or unpleasant odors, smoke, dust, gas, noisethe Project, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant's the Premises or Landlord's insurance, the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on policy(ies) covering the Premises or Building, the Project is caused by Tenant's and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the amount Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of such increase to Landlord. Any occupation of any periodic or special dues or assessments charged against the Premises by or Tenant prior which may be allocated to the Commencement Date Premises or Tenant in accordance with the provisions thereof. Tenant shall be subject promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to all obligations comply with the provisions of Tenant under this LeaseSection, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.

Appears in 2 contracts

Samples: Industrial Lease (Information Management Associates Inc), Industrial Lease (Phoenix Technologies LTD)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement. For purposes of Section 1938 of the Commencement Date shall be subject to all obligations California Civil Code, as of Tenant under the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 2 contracts

Samples: Lease Agreement (Corvus Pharmaceuticals, Inc.), Lease Agreement (Corvus Pharmaceuticals, Inc.)

Use. The Premises shall be used only solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may Permitted Use set forth in the Basic Lease Provisions. The Premises shall be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises used in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Premises by Tenant prior Project as proportionately allocated to the Commencement Date shall be subject Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord acknowledges that Tenant intends to all obligations locate at least 4, but up to 8, Fire Safes within the Premises, each of which may weigh approximately 900 pounds plus the weight of the contents, and Landlord hereby consents to Tenant under this Leaselocating such Fire Safes within the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Glycomimetics Inc), Lease Agreement (Glycomimetics Inc)

Use. (a) The Premises shall be used only and occupied by Tenant for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant use set forth in the Basic Lease Information and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturingpurpose. Tenant shall not conduct or give notice shall, at Tenant's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders and requirements in effect during the term regulating Tenant's specific of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the use of the Premises to be used for any purpose or in any manner that would void Tenant's will tend to create waste or Landlord's insurance, increase the insurance riska nuisance, or cause which unreasonably disturbs other tenants of the disallowance Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or any portion of the Project, nor place or maintain any sprinkler credits. If any increase in signs on or visible from the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation exterior of the Premises, or because use any corridors, sidewalks or other areas outside of the Premises for storage or any purpose other than access to the Premises. Tenant vacates shall have the exclusive right to exterior sign(s) adjacent to the Building, with such sign(s) installed at Tenant's expense and only with Landlord's prior consent, which shall not unreasonably be withheld, conditioned or delayed. Tenant shall not conduct any auction at the Premises. Notwithstanding any other provision of this Lease, Tenant shall not use, keep or permit to be used or kept on the Premises any foul or noxious gas or substance, nor shall Tenant do or permit to be done anything in and about the Premises, then either in connection with activities hereunder expressly permitted or otherwise, which would cause an increase in premiums payable under, or a cancellation of, any policy of insurance maintained by Landlord in connection with the Building or the Project or which would violate the terms of any covenants, conditions or restrictions affecting the Building or the land on which it is located. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall pay the amount of such increase not be responsible for compliance with any statutes, ordinances, rules, regulations, orders and requirements that are not related specifically to Landlord. Any occupation Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises by Tenant prior to be structurally strengthened against earthquake, or should require the Commencement Date removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be subject to all obligations performed by and at the sole cost of Tenant under this LeaseLandlord.

Appears in 2 contracts

Samples: Silicon Energy Corp, Silicon Energy Corp

Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other Landlord’s reasonable inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also conduct of Tenant’s permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any objectionable way interfere with the rights of other occupants of the Building or unpleasant odors, smoke, dust, gas, noisethe Project, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant's the Premises or Landlord's insurance, the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on policy(ies) covering the Premises or Building, the Project is caused by Tenant's and/or their contents, and shall comply with all applicable insurance underwriters rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the amount Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided same do not materially impair Tenant’s use or enjoyment of the Premises. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s failure to comply with the provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a “capital” improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” improvement), Tenant shall only be responsible for the amortized cost of such increase “capital” improvement (amortized at a market cost of funds as reasonably determined by Landlord) over the useful life of said improvement during the Term, except in the event each obligation for “capital” improvements is required due to Landlord. Any occupation Tenant’s particular use of the Premises by Tenant prior to the Commencement Date (in which case Tenants shall be subject to all obligations fully responsible for the entire cost and installation of Tenant under this Leaseeach “capital” investment).

Appears in 2 contracts

Samples: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurancethe insurance that Tenant and Landlord are required to maintain pursuant to Section 17 hereof, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Tenant's use or occupation of the PremisesLegal Requirements (including, or because Tenant vacates the Premiseswithout limitation, then Tenant shall pay the amount of such increase to Landlord. Any occupation compliance of the Premises by Tenant prior with the ADA) related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Appears in 2 contracts

Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also conduct of Tenant’s permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not knowingly do or permit anything to be done in or about the Premises which will in any objectionable way interfere with the rights of other occupants of the Building or unpleasant odors, smoke, dust, gas, noisethe Project, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any manner work or conduct any business whatsoever in the Project other than inside the Premises. Provided that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance Landlord has given Tenant written notice of any sprinkler credits. If invalidity or increased cost of an insurance policy(ies) or of any applicable insurance underwriter’s rules and 30 days notice to “cure”, Tenant shall not do or permit to be done anything which will invalidate or increase in the cost of any insurance on policy(ies) covering the Premises or Building, the Project is caused by Tenant's and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all existing covenants, conditions, easements or restrictions now affecting or encumbering the amount Building and/or Project, including without limitation the payment by Tenant of any periodic or special dues or assessments charged against the Premises or Tenant which may be allocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also comply at its expense with any future amendments or modifications to such existing covenants, conditions, easements or reservations, and with any future covenants, conditions, easements or restrictions hereafter affecting or encumbering the Building and/or the Project, provided some do not materially impair Tenant’s use and enjoyment of the Premises. Tenant shall, within five (5) business days after Landlord’s demand therefore; reimburse Landlord for any additional insurance premium charged by reason of Tenant’s use of the Premises. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all future and present laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities, and with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the Building and/or the Project, results in a “capital” improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a “capital” improvement), Tenant shall only be responsible for the amortized cost of such increase “capital” improvement (amortized at a market cost of funds) over the useful life of said improvement during the Term, except in the event such obligation for a capital improvement is required due to Landlord. Any occupation Tenant’s own particular use of the Premises by Tenant prior to the Commencement Date (in which case Tenants shall be subject to all obligations fully responsible for the entire cost and installation of Tenant under this Leasesuch “capital” improvement).

Appears in 2 contracts

Samples: Lease (Masimo Corp), Lease (Masimo Corp)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Following the Commencement Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s specific use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Landlord. Any occupation Tenant’s specific use or occupancy of the Premises by or Tenant’s Alterations, and Tenant prior shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s specific use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises or Tenant’s Alterations.

Appears in 2 contracts

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

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions in Section 1.1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all lawsLegal Requirements now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, orders42 U.S.C. § 12101, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to et seq. (together with the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”). Tenant shall, at its expenseupon 5 days’ written notice Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 4.6) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's ’s insurance, increase the insurance riskcost, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section. Tenant will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations from Premises from extending into Common Areas, or other space in the Project. Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the capacity of the as set forth in this Lease. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement (to the Commencement Date shall be subject extent that such Claims do not arise from the failure of Landlord’s Work to all obligations of Tenant under this Leasecomply with any Legal Requirements).

Appears in 2 contracts

Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Use. The Tenant shall use the Premises shall be used only for the purpose of receiving, storing, shipping and selling permitted use (but limited to wholesale salesas defined in Paragraph 1(h) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premiseshereof). Tenant will not occupy or use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take permit any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants portion of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be occupied or used for any business or purpose other than the permitted use or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner that would void Tenant's or Landlord's insuranceextrahazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance riskon the Building or contents; and in the event that, or cause the disallowance by reason of any sprinkler credits. If acts of Tenant, there shall be any increase in the cost rate of any insurance on the Premises Building or the Project is caused contents created by Tenant's use acts or occupation conduct of the Premises, or because Tenant vacates the Premises, business and then such acts of Tenant shall be deemed to be an event of default hereunder and Tenant hereby agrees to pay to Landlord the amount of such increase on demand and acceptance of such payment shall not constitute a waiver of any of Landlord's other rights provided herein. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to Landlord. Any occupation create any nuisance, nor interfere with, annoy or disturb other tenants or Landlord in management of the Building. Tenant will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to use, condition or occupancy of Premises. Tenant's obligation to comply with all laws specifically includes any and all laws relating to environmental hazards and, as set forth in Subparagraph 8(c) hereof, to accessibility by persons with disabilities. Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting, window coverings or decoration, or install any signs, window or door lettering or advertising media of any type on or about the Commencement Date shall be subject Premises or any part thereof. Should Landlord agree in writing to any of the foregoing items in the preceding sentence, Tenant will maintain such permitted items in good condition and repair at all obligations of Tenant under this Leasetimes.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Sonus Networks Inc)

Use. The Premises Tenant shall be used only entitled to use the Premises solely for the purpose of receivingoffice/research and development, storingsales, shipping marketing and selling other related uses and (but limited to wholesale sales) products, materials or no other use whatsoever. Tenant shall continuously and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also without interruption use the Premises for light manufacturingsuch purpose for the entire Lease Term. Any discontinuance of such use for a period of sixty consecutive calendar days shall be, at Landlord's election, a default by Tenant under the terms of this Lease. Tenant shall have the right to use the Common Areas in conjunction with its Permitted Use of the Premises solely for the purposes for which they were designed and intended aid for no other purposes whatsoever. Tenant shall not conduct do or give notice of any auction, liquidation, permit anything to be done in or going out of business sale on about the Premises, the Building, the Common Areas or the Property which does or could (i) jeopardize the structural integrity of the Building or (ii) cause damage to any part of the Premises, the Building, the Common Areas or the Property. Tenant will use shall not operate any equipment within the Premises in a carefulwhich does or could (i) injure, safe and proper manner and will not commit waste, overload the floor vibrate or structure of shake the Premises or subject the Building, (ii) damage, overload or impair the efficient operation of any electrical, plumbing, heating, ventilating or air conditioning system within or servicing the Premises or the Building, or (iii) damage or impair the efficient operation of the sprinkler system (if any) within or servicing the Premises or the Building. Tenant shall nor install any equipment or antennas on or make any penetrations of the exterior walls or roof of the Building. Tenant shall not affix any equipment to or make any penetrations or cuts in the floor, ceiling, walls or roof of the Premises' Tenant shall not place any loads upon the floors, walls, ceiling or roof systems which could endanger the structural integrity of the Building or damage its floors, foundations or supporting structural components. Tenant shall not place any explosive, flammable or harmful fluids or other waste materials in the drainage systems of the Premises, the Building, the Common Areas or the Property. Tenant shall not drain or discharge any fluids in the landscaped areas or across the paved areas of the Property. Tenant shall not use that would damage any of the Common Areas for the storage of its materials, supplies, inventory or equipment and all such materials, supplies, inventory or equipment shall at all times be stored within the Premises. Tenant shall not commit nor permit to be committed any objectionable waste in or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from about the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitationBuilding, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises Common Areas or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this LeaseProperty.

Appears in 2 contracts

Samples: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any insurance auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Premises with the ADA to the extent applicable as of the Commencement Date. Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA resulting from Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements resulting from Tenant’s use or occupancy of the Premises, or because Tenant vacates the Premises, then and Tenant shall pay the amount indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of such increase to Landlord. Any occupation or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement resulting from Tenant’s use or occupancy of the Commencement Date shall be subject to all obligations of Tenant under this LeasePremises.

Appears in 2 contracts

Samples: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at upon 10 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement; provided, however, that if the applicable Governmental Authority grants to Tenant time in addition to such 10 day period to discontinue its expense, make any alterations or modifications, within or without use of the Premises, that are required Tenant may continue to operate in the Premises for such additional period granted by Legal Requirements related to Tenant's use or occupation of the Premisesapplicable Governmental Authority. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s particular use of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment that would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project. Landlord shall be responsible, at Landlord’s cost and expense and not as part of Operating Expenses, for the compliance of the Premises by Tenant prior and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the Commencement Date extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use of the Premises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use of the Premises. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Singular Genomics Systems, Inc.)

Use. (a) The Premises shall be used only and occupied by Tenant during the entire Term hereof subject to the other terms and conditions of this Lease for the purpose warehousing and distribution of receivinghardware and related products and paint products and related uses incident thereto (the "Permitted Use") and for no other purpose. Landlord acknowledges that Tenant, storingin the regular course of its business, shipping receives, stores and selling (but limited to wholesale sales) products, distributes various hazardous materials and merchandise made and/or distributed by Tenant's storage of same on the Premises shall not be deemed a violation of this Lease, provided Tenant, at all times, complies with all Legal Requirements and Environmental Provisions (hereinafter defined). (b) Tenant further agrees that in the use and for such other lawful purposes as occupation of the Premises and m the prosecution or conduct of its business therein, Tenant will comply with all requirements of all laws, ordinances, orders and regulations of the federal, state, county and municipal authorities now in force , or which hereinafter may be incidental thereto; providedin force, howeverand with any direction or certificate of occupancy issued pursuant to any law by any public officer or officers. Tenant covenants and agrees that it will not use or permit to be used any pan of tile Premises for any dangerous, with Landlord's prior written consentnoxious or offensive trade or business, Tenant may also will not cause or maintain any nuisance in, at or on the Premises, and the land upon which it is situated, and will not use the Premises for light manufacturingin any fashion so as to make void or voidable any insurance then in force with respect to the Premises, or render it impossible to obtain fire or other insurance thereon required to be furnished by Landlord or Tenant under this Lease. (c) Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use and occupy the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of shall keep the Premises or subject in a clean and safe condition in accordance with this Lease and Ioca1 ordinances and the Premises to use that would damage the Premiseslawful directions of proper public officers. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose disreputable or in immoral purpose. (d) Tenant shall not obstruct the common areas and shall refrain from committing any manner that would void Tenant's act or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on thing upon the Premises or the Project is caused by Tenant's use common areas which disturbs the quiet enjoyment of any other tenant or occupation occupant of the Premises, Building or because Tenant vacates the Premises, then Land. (e) Tenant shall pay the amount comply with any and all rules and regulations now or hereafter adopted by Landlord provided that such rules and regulations are of such increase general applicability to Landlord. Any occupation all tenants of the Premises by Tenant prior to Property and shall not materially interfere with the Commencement Date shall be subject to all obligations of Tenant under this Leasepermitted uses hereunder. 6.

Appears in 1 contract

Samples: Ace Hardware Corp

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the First Initial Premises Commencement Date will not result in the cost voidance of or an increased insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall not permit any part of the Project is Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment which will overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements, including the ADA, as of the date of this Lease. Following the First Initial Premises Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises by Tenant prior or Tenant’s alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the two immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Tenant’s failure to comply with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. For purposes of Section 1938 of the California Civil Code, as of the date of this Lease, the Project has not been inspected by a certified access specialist.

Appears in 1 contract

Samples: Lease Agreement (Nurix Therapeutics, Inc.)

Use. The Premises shall be used only solely for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Use set forth in the Basic Lease Provisions and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises all in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and the use and occupancy thereof (collectively, "Legal RequirementsLEGAL REQUIREMENTS"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any governmental authority having jurisdiction to be a violation of any Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall reimburse Landlord promptly upon demand for any increase additional premium charged for any such policy by reason of Tenant's failure to comply with the provisions of this Section. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, or use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any office equipment or machinery to be installed in the cost Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas, or other space in the Project. Tenant shall not place any equipment weighing 1,000 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any insurance on manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any alterations or modifications, to the interior or the exterior of the Premises or the Project is caused Project, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to comply with any Legal Requirement. Landlord shall be responsible for the compliance of the common areas of the Project with the ADA as of the Commencement Date Date, and Landlord shall be subject indemnify, defend and hold Tenant harmless from and against any loss, cost, liability or expense (including reasonable attorneys fees and disbursements) arising out of any such failure to all obligations of Tenant under this Leasecomply with the ADA.

Appears in 1 contract

Samples: Lease Agreement (Memory Pharmaceuticals Corp)

Use. The Premises shall be used only solely for the purpose of receivingPermitted Use set forth in the Basic Lease Provisions, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises that is declared by any Governmental Authority having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises for purposes other than the Permitted Uses. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, or because Tenant vacates subject the Premises to use that would damage the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Tcr2 Therapeutics Inc.)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, Net Laboratory 10628 Science Ctr./Turning Point - Page 8 regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord within 5 business days’ written demand from Landlord for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the Premises provisions of this Section or the Project is otherwise caused by Tenant's ’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises by Tenant prior or Tenant’s Alterations) make any alterations or modifications to the Commencement Date Common Areas or the exterior of the Building that are required by Legal Requirements. Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Turning Point Therapeutics, Inc.)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales and Tenant’s online sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's ’s prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises, except for Tenant’s online sales. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's ’s prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's ’s use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's ’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Liquidity Services Inc)

Use. The Tenant shall use the Premises shall be used only for the purpose purposes stated in Item 3 of receivingthe Basic Lease Provisions, storing, shipping all in accordance with applicable laws and selling (but limited restrictions and pursuant to wholesale sales) products, materials and merchandise made and/or distributed approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. Tenant, at its expense, shall procure, maintain and make available for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consentinspection throughout the Term, Tenant may also all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in any manner that would void Tenant's the Premises. Tenant shall not do or Landlord's insurance, permit to be done anything which will invalidate or increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on policy(ies) covering the Premises Building or its contents, and shall comply with all applicable insurance underwriters rules and the Project is caused by Tenant's requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply at its expense with all present and future laws, ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use or occupation of the Premises, including without limitation all federal and state occupational health and safety requirements, whether or because Tenant vacates not Tenant's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises, then . Tenant shall pay comply at its expense with all present and future covenants, conditions, easements or restrictions now or hereafter affecting or encumbering the amount Building, and any amendments or modifications thereto, including without limitation the payment by Tenant of such increase to Landlord. Any occupation of any periodic or special dues or assessments charged against the Premises by or Tenant prior which may be allocated to the Commencement Date Premises or Tenant in accordance with the provisions thereof. Tenant shall be subject promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant's failure to all obligations comply with the provisions of Tenant under this LeaseSection, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance.

Appears in 1 contract

Samples: Industrial Lease (Buy Com Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days’ written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any increase part of the Premises to be used as a “place of public accommodation”, as defined in the cost ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of any insurance on Tenant’s failure to comply with the provisions of this Section or otherwise caused by Xxxxxx’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the Project is caused by Tenant's use floor or occupation structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not 45/47 Xxxxxxx – Suites 100 & 200/Stoke - Page 9 place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of such increase to the Project or in the Project elevators without the prior written consent of Landlord. Any occupation Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Xxxxxx’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, at Xxxxxxxx’s cost, for the compliance of the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises, the Premises Improvements or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as otherwise expressly provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Tenant prior Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the Commencement Date contrary, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use or occupancy of the Premises, the Premises Improvements or Tenant’s Alterations, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement related to Tenant’s particular use or occupancy of the Premises or Tenant’s Alterations. Tenant under this Leaseacknowledges that Landlord may, but shall not be obligated to, seek to obtain Leadership in Energy and Environmental Design (LEED), WELL Building Standard, or other similar “green” certification with respect to the Project and/or the Premises, and Tenant agrees, at no material cost to Tenant, to reasonably cooperate with Landlord, and to provide such information and/or documentation as Landlord may reasonably request, in connection therewith.

Appears in 1 contract

Samples: Lease Agreement (Stoke Therapeutics, Inc.)

Use. The Premises Tenant shall be used only use the facility for the purpose operation of receivinga licensed RCFE, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such no other lawful purposes as may be incidental thereto; provided, however, with purpose whatsoever without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. Tenant may also shall not do, bring or keep anything in, on or about the Premises that will cause a cancellation of any insurance maintained by either Landlord or Tenant with respect to the Premises or any personal property located or used thereon, and Tenant shall comply with all requirements imposed by the insurance companies issuing such insurance. Tenant shall not use the Premises in any manner that will constitute waste of the Premises or a nuisance or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises or any part thereof. No machinery, apparatus or other appliance shall be used or operated in, on or about the Premises that will in any manner injure the Premises or any part thereof. Tenant shall pay all payrolls promptly when due respecting all personnel at the Premises and shall file all governmental reports required pursuant thereto (including, without limitation, payroll tax returns), and shall pay such taxes promptly and before delinquency. Tenant shall comply with, and the leasehold created by this Lease shall at all times be subject to, all covenants, conditions, restrictions, easements and rights of way affecting the Premises or the real property on which the Premises are located. At Landlord's request, Tenant shall furnish any bond which may be required by law in connection with the holding of any funds from residents, including resident's trust funds, and an accounting therefor. Tenant shall be fully responsible for light manufacturingsuch funds, and agrees to indemnify, defend and hold Landlord harmless from and against any losses, liabilities, costs or expenses arising in connection therewith. Tenant shall not conduct or give notice of permit to be conducted in, from or upon the Premises any sale by auction, liquidationwhether such auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor pursuant to any bankruptcy or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseinsolvency proceeding.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Use. The Premises Tenant shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will uses set forth in Paragraph 1.7 above, and shall not use or permit the Premises to be used for any other purpose whatsoever. Tenant shall use and occupy the Premises in compliance with all applicable federal, state and local laws, codes, rules, ordinances, statutes and other requirements (collectively, "Laws") (which Laws shall include, without limitation, the Americans with Disabilities Act of 1990, applicable fire-life safety codes of the City where the Premises is located, and governmental requirements imposed in connection with the development or occupancy of the Building, including, without limitation, participation in any manner transportation management programs and compliance with any applicable air quality/trip reduction requirements), and shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of applicable Laws; provided that would void the provisions of this sentence shall not obligate Tenant to make any structural alterations or improvements to the Premises required to comply with applicable Laws unless such compliance is necessitated by Tenant's or Landlord's insurance, increase the insurance riskparticular use of, or cause Alterations to, the disallowance of Premises. Tenant shall make any sprinkler creditsand all alterations or improvements to the Premises required to comply with applicable Laws; except that Tenant shall not be required to make structural alterations or improvements to the Premises required to comply with applicable Laws unless such compliance is necessitated by Tenant's particular use of, or Alterations to, the Premises. If any increase in the cost Tenant shall comply with all reasonable rules, orders, regulations and requirements of any insurance on authority having jurisdiction over the Project or any present or future insurer relating to the Premises or the Project is caused Project. Tenant shall promptly, upon demand, reimburse Landlord for any additional premium charged for any existing insurance policy or endorsement required by reason of Tenant's failure to comply with the provisions of this Paragraph 6 or by reason of Tenant's particular manner of use or occupation occupancy of the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any manner obstruct or interfere with the rights of other tenants or occupants of the Project, or because injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant vacates cause, maintain or permit any nuisance in, on or about the Premises, then . Tenant shall pay the amount of such increase not commit or suffer to Landlord. Any occupation of be committed any waste in or upon the Premises by and shall keep the Premises in first class repair and appearance. Tenant prior shall not place a load upon the Premises exceeding the Building's maximum floor load capacity. Landlord reserves the right to reasonably prescribe the Commencement Date shall be subject weight and positions of all safes, files and heavy equipment which Tenant desires to all obligations of Tenant under this Leaseplace in the Premises so as to distribute properly the weight thereof.

Appears in 1 contract

Samples: Sport Chalet Inc

Use. The Premises Tenant shall use and be used only for the purpose of receiving, storing, shipping and selling (but limited permitted to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Leased --- Premises for light manufacturingany lawful purpose, including the operation of an adult entertainment business. Tenant shall not conduct keep the Leased Premises open for business for such permitted use during normal business hours with adequate staff and inventories. In connection with its use of and activities in, upon or give notice of any auction, liquidation, or going out of business sale on about the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Leased Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use will comply, and occupy the Premises in compliance will cause Tenant's Agents (hereinafter defined) to comply, with any and all applicable laws, includingstatutes, without limitationordinances, the Americans With Disabilities Actpermits, orders, judgmentsdecrees, ordinancesguidelines, regulations, codes, directives, permits, licenses, covenants rules and restrictions now or hereafter regulations in any way applicable to Tenant, Tenant's Property or the Leased Premises (collectively, "Legal Requirements" and individually, "Legal Requirement"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use (a) use, occupy or permit the use or occupancy of the Leased Premises to be used for any purpose or in any manner that would void Tenant's which is not permitted hereunder or Landlord's insurancewhich is nor may be, increase the insurance riskdirectly or indirectly, violative of any Legal Requirement, or cause the disallowance dangerous to life or property, or a public or private nuisance, or disruptive or obstructive of any sprinkler credits. If any increase in neighbor of the cost Leased Premises or disruptive of the quiet enjoyment of any insurance on neighbor of the Leased Premises, (b) keep, or permit to be kept, any substance in or conduct, or permit to be conducted, any operation from the Leased Premises which might emit offensive or hazardous odors or conditions onto, about or into the Leased Premises or the Project is caused by Tenant's use or occupation of property located outside the Leased Premises, or because Tenant vacates possess, or allow possession of, illicit drugs, drug paraphernalia or contraband on the Leased Premises, then or commit, permit, or suffer to exist any act or omission affording the federal government, or any state or local governmental agency, the right of forfeiture as against the Leased Premises, or any part thereof, (c) cause, commit or permit to remain any waste or damage to the Leased Premises, or any conditions which adversely impair in the Landlord's reasonable judgment the value or marketability of the Leased Premises, (d) install or permit to remain any improvements to the Leased Premises (other than improvements which have first been approved by Landlord) which are visible from the outside of the Leased Premises, or exceed the structural loads of floors or walls of the Building, or adversely affect the mechanical, plumbing or electrical systems of the Building or affect the structural integrity thereof in any way, (e) commit, or permit to be committed, any action or circumstance in, upon or about the Leased Premises which, directly or indirectly, would justify any insurance carrier in canceling or increasing the premium on any insurance policy covering the Leased Premises or its contents, and if any increase so results, Tenant shall pay the amount of such increase upon the Landlord's demand, or (f) store, land, replace, or permit to Landlord. Any occupation be stored, landed or placed upon the Leased Premises, any helicopter, airplane or other type of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leaseaircraft.

Appears in 1 contract

Samples: Lease Agreement (Ricks Cabaret International Inc)

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectivelyPremises, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act or similar state statutes or local ordinances or any Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated thereunderpursuant thereto, all as may be amended from time to time“ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, at its expenseupon 5 days written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's ’s or Landlord's ’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment exceeding the maximum structural capacity of the floor in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require any increase in ventilation, air exchange, heating, gas, steam, electricity or water beyond the cost existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Tenant, at its sole expense, shall make any insurance on alterations or modifications to the interior or the exterior of the Premises or the Project is caused that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)) attributable to Tenant's ’s use or occupation occupancy of the Premises. Notwithstanding any other provision herein to the contrary, or because Tenant vacates the Premises, then Tenant shall pay be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the amount same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of such increase to Landlord. Any occupation suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Leasecomply with any Legal Requirement.

Appears in 1 contract

Samples: Sublease Agreement (Advanced BioHealing Inc)

Use. The Premises shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant Permitted Uses set forth in the Basic Lease Information and for such no other lawful purposes as may be incidental thereto; provided, however, with Landlorduses. Tenant's prior written consent, Tenant may also use of the Premises for light manufacturingshall be in compliance with and subject to all applicable governmental laws, ordinances, statutes, orders and regulations and any CC&Rs or any supplement thereto recorded in any official or public records with respect to the Project or any portion thereof. Tenant shall not conduct or give notice of any auctioncomply with the rules and regulations attached hereto as Exhibit D, liquidation, or going out of business sale on the Premisestogether with such additional rules and regulations as Landlord may from time to time prescribe. Tenant will use the Premises in a careful, safe and proper manner and will shall not commit waste, overload the floor floors or structure of the Premises or Building, subject the Premises Premises, the Building, the Common Area or the Project to any use that which would damage the Premises. Tenant shall not same or increase the risk of loss or violate any insurance coverage, permit any objectionable or unpleasant unreasonable odors, smoke, dust, gas, noisesubstances, noise or vibrations to emanate from the Premises, or take any other action that which would constitute a nuisance or would disturb, unreasonably interfere withobstruct or endanger any other tenants, take any action which would abrogate any warranties, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises. Tenant will not use or permit allow the Premises to be used for any purpose unlawful purpose. Tenant shall have the right to use for its employees and invitees, on an unreserved basis, the number of Parking Spaces indicated in the Basic Lease Information. Tenant shall not use more than the number of spaces allocated to Tenant. Landlord shall not be responsible for non-compliance by any other tenant or in any manner that would void Tenant's occupant with, or Landlord's insurancefailure to enforce, increase any of the insurance risk, rules or cause regulations or any other terms or provisions of such tenant's or occupant's lease. Tenant shall promptly comply with the disallowance reasonable requirements of any sprinkler creditsboard of fire insurance underwriters or other similar body now or hereafter constituted. If Tenant shall not do any increase act which shall in any way encumber the cost title of any insurance on the Premises or the Project is caused by Tenant's use or occupation of Landlord in and to the Premises, the Building or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease.Project.‌

Appears in 1 contract

Samples: Sublease Agreement

Use. The Premises Sublessee shall be used only for the purpose of receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturinggeneral office, manufacturing and assembly and for no other purpose without the prior written consent of Sublessor. Tenant Sublessee's business shall be established and conducted throughout the term hereof in a first class manner, Sublessee shall not conduct or give notice of any auction, liquidationuse the Premises for, or going out of business carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the Premises. Tenant will use Sublessee shall not to or suffer anything to be done upon the Premises in a careful, safe and proper manner and that will not commit waste, overload the floor or structure of cause structural injury to the Premises or subject the building of which the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute form a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements")part. The Premises shall not be overloaded and no machinery, apparatus or other appliance shall be used as or operated in or upon the Premises which will in any manner injure, vibrate or shake the Premises of the building of which it is a place part. No use shall be made of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or Premises which will in any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or way impair the efficient operation of the sprinkler system (if any) without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of building containing the Premises. Tenant Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise making device will be operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises to be used or any part hereof for any purpose or in any manner that would void Tenant's or Landlord's insurance, which will increase the existing rate of insurance riskupon the building in which the Premises are located, or cause the disallowance a cancellation of any sprinkler creditsinsurance policy covering the building or any part thereof. If any increase in the cost of any insurance act on the Premises part of Sublessee or the Project is caused by Tenant's use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Any occupation of the Premises by Tenant prior to the Commencement Date Sublessee shall cause, directly or indirectly, any increase of Sublessor's insurance expense, said additional expense shall be subject paid by Sublessee to all obligations Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in the exercise of Tenant under this Leaseany other rights or remedies, or constitute a waiver of Sublessor's right to require Sublessee to discontinue such act or use.

Appears in 1 contract

Samples: Rockford Corp

Use. The Premises shall be used only solely for the purpose Permitted Use set forth in the basic lease provisions on page 1 of receivingthis Lease, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, Tenant may also use the Premises for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Project. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, "ADA") (collectively, "Legal Requirements" and each, a "Legal Requirement"). The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expenseupon 5 days' written notice from Landlord, make discontinue any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the PremisesPremises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. If any increase The use that Tenant has disclosed to Landlord that Tenant will be making of the Premises as of the Commencement Date will not result in the cost voidance of or an increase insurance risk with respect to the insurance currently being maintained by Landlord. Tenant shall not permit any insurance on part of the Premises to be used as a "place of public accommodation", as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant's failure to comply with the Project is provisions of this Section or otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or occupation permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or because Tenant vacates obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, then or using or allowing the Premises to be used for any unlawful purpose. Tenant shall pay cause any equipment or machinery to be installed in the amount Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed; provided, however, that Landlord hereby approves the location of the items of machinery or equipment weighing 500 pounds or over as shown on Exhibit I attached hereto. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant's Share as usually furnished for the Permitted Use. Landlord shall, as an Operating Expense (to the extent such increase Legal Requirement is generally applicable to Landlord. Any occupation similar buildings in the area in which the Project is located) or at Tenant's expense (to the extent such Legal Requirement is applicable solely by reason of Tenant's, as compared to other tenants of the Project, particular use of the Premises by or as a result of Tenant's Alterations (excluding the Tenant prior Improvements)) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. After the Commencement Date Date, Tenant, at its sole expense, shall make any alterations or modifications to the interior or the exterior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant's particular use or occupancy of the Premises or as a result of Tenant's Alterations. Notwithstanding any other provision herein to the contrary, but subject to the foregoing, Tenant shall be subject responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys' fees, charges and disbursements and costs of suit) (collectively, "Claims") arising out of any failure of the Premises to comply with any Legal Requirement, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all obligations Claims arising out of Tenant under this Leaseor in connection with any failure of the Premises to comply with any Legal Requirement.

Appears in 1 contract

Samples: Lease Agreement (BioCardia, Inc.)

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