Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 5 contracts
Samples: Office Space Lease, Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Infosonics Corp)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease’s noncompliance.
Appears in 5 contracts
Samples: Lease (Bakbone Software Inc), Lease (Netlist Inc), Lease (Phage Biotechnology CORP)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 4 contracts
Samples: Lease (Altris Software Inc), Lease (Ydi Wireless Inc), Lease (Telenetics Corp)
Use. The Tenant Equipment Areas shall use the Premises only be used solely for the purposes stated in Item 3 --- installation, operation and maintenance of the Basic Lease ProvisionsTenant Equipment and for no other purpose whatsoever. 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. The uses prohibited under this Lease shall include, without limitation, Any use of the Premises Tenant Equipment Areas for any other purpose or a portion thereof for (i) offices of any agency attempt by Tenant to allow the use or bureau occupation of the United States or any state or political subdivision thereofTenant Equipment Areas by anyone other than Tenant shall, unless otherwise agreed to by Landlord in writing shall be a default; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment immediately terminate this License unless such default is not cured within five (5) Working Days after notice thereof. Tenant shall not use or permit the use of the environmental condition Tenant Equipment Areas for any purpose which is illegal, dangerous to life, limb or property, or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In particular, no semiconductors or other electronic equipment containing polychlorinated biphenyls (PCB's) or other environmentally hazardous materials will either be used or stored in or around the Tenant Equipment Areas except as otherwise specifically provided in this Paragraph; and no such materials will be used in any of the Premises Tenant Equipment installed by Tenant in the Tenant Equipment Areas. Notwithstanding the foregoing, Tenant may use and of Tenant’s store fossil fuels for its Generators and batteries for its emergency electrical backup systems in its Premises, so long as Tenant does so in compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantall applicable Legal Requirements. Tenant will cooperate not permit unauthorized persons or persons with insufficient expertise or experience to enter Service Areas to maintain or operate the Tenant Equipment. Tenant understands that the mechanical rooms within these Service Areas must be kept locked and secure at all times must not be available or open to the public. Landlord in connection with any assessment bymay, among at Landlord's discretion, authorize other things, promptly responding to inquiries licensees and providing relevant documentation and records. The reasonable cost tenants of the assessment/testing shall Building to use portions of the designated Pathways or Service Areas, or to use portions of other Pathway or Service Areas in the Building, whether for the installation of telecommunications equipment or otherwise, so long as such uses would not require Tenant to remove its previously installed Cable from the designated Pathways or Telecommunications Equipment from the designated Service Area. Tenant acknowledges that interruptions in utility services are not uncommon in facilities such as the Building and that any sensitive electronic equipment which may be reimbursed used in the Building should be protected by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with from utility service interruptions by the requirements use of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantbackup power supplies, its agentssurge protectors, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseand other appropriate safety systems.
Appears in 3 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. , all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project Site and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or the Site, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Site, as opposed to the Premises itself. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events 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 Site, results in a capital improvement on Tenant’s part (or Tenant’s being obligated to reimburse Landlord for a capital improvement), Tenant shall indemnify only be responsible for the amortized cost of such 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 improvement is required due to Tenant’s particular use of the “Indemnified Parties” Premises, (as defined in Section 10.3) in which case Tenants shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseeach capital investment).
Appears in 3 contracts
Samples: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)
Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material used for general office and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to storage purposes only. Tenant will not use or occupy any other available remedy. The uses prohibited under this Lease shall include, without limitation, use part of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, regulations and requirements orders of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of having jurisdiction over the Premises. Tenant shall conduct its business and control its employees, agents, customers, subtenants and invitees in a manner which does not generatecreate any nuisance (including but not limited to noise, handledust, store vibrations or dispose odors), or interfere with, annoy or disturb any other owner or tenant of hazardous the Project or toxic materials (as such materials may Lessor in its operation of the Project. Tenant will not conduct or permit to be identified conducted any activity, or place any equipment in or about the Premises, which will in any federalway increase the rate of fire insurance or other insurance on the Project; and if any increase in the rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Tenant in or about the Premises, state such statement shall be conclusive evidence that such increase in such rate is due to such activity or local law equipment and, as a result thereof, Tenant shall reimburse Lessor for such increase as additional rent hereunder and, further, shall discontinue or regulation) cause the discontinuance of such conduct or shall remove such equipment upon Lessor’s demand made any time thereafter. There shall be no sale of food or beverages in the Premises for consumption on or Project off the Premises by any means without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsLessor. Tenant agrees that it shall promptly complete and deliver to Landlord may not install any disclosure form regarding hazardous food or toxic materials that beverage vending machines within the Premises other than those which may be required installed by any governmental agencyLessor. Tenant shall alsonot permit intoxicating liquors to be kept or sold in the Premises except for business receptions, subject to compliance with applicable laws and Lessor’s reasonable rules. Notwithstanding any other provision of this Lease to the contrary, Tenant covenants and agrees to use commercially reasonable efforts to refrain from time doing any act or thing which would cause measurable interference with any telecommunications operations of any current or future tenant of the Project located on the roof of the Building. Such tenants occupying the roof of the Building shall be deemed third-party beneficiaries of the foregoing covenant and agreement by Tenant. For purposes of this Provision, measurable interference shall be defined to time upon request include an increase in noise floor, harmonic distortion or cross-talk. Tenant specifically acknowledges that the Building is a wood frame structure with wooden floors and agrees that such structure and floors will require enhanced precautions by LandlordTenant to prevent interference, execute such affidavits concerning Tenant’s best knowledge annoyance or disturbance of other owners or tenants in the Project. Tenant specifically agrees to take all reasonable precautions to contain any and belief regarding the presence of hazardous or toxic all dust, water and other materials in within the Premises. Landlord Notwithstanding anything to the contrary contained in this Lease, Lessor shall in all events have the right at to limit the weight and prescribe the position of any time safes, concentrated filing systems and other heavy equipment placed in or on the Premises by Tenant. Any and all damage or injury to perform an assessment the Premises or the Project caused by moving the property of Tenant in or out of the environmental condition Premises, or due to the same being in or on the Premises, shall be repaired by Tenant at its sole cost and expense. Tenant will notify the Property Manager prior to moving furniture, equipment or other fixtures and furnishings into or out of the Premises and of Tenant’s compliance shall comply with this Sectionsuch reasonable restrictions as the Property Manager may reasonably impose. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing No deliveries or pickups shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) left unattended at any loading dock in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.
Appears in 3 contracts
Samples: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not, without Landlord’s prior written consent conduct its business operations in areas outside the Premises or the Utility Building, including but not do limited to storing any property, equipment or permit to trash in such areas except as shown on Exhibit F attached hereto. Tenant shall be done anything which will invalidate or increase the responsible for any increased cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulescontents occasioned by its use. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be allocated to the Premises or Tenant in accordance with the provisions thereof, provided, however, that such future or amended covenants, conditions, easements or restrictions are provided to Tenant (and, to the extent action is required by any governmental agencyof Tenant to comply, Tenant has reasonable prior notice) and do not materially impair the rights of Tenant or materially increase the obligations of Tenant under this Lease. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional commercially reasonable insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or reasonable expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease’s noncompliance.
Appears in 3 contracts
Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 3 contracts
Samples: Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Immersion Corp), Industrial Lease (Oculex Pharmaceuticals Inc /)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Office Space Lease (Netratings Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc), Office Space Lease (Pharmaprint Inc)
Use. Tenant shall use the Leased Premises only for a distribution center, warehouse facility, fulfillment center and office purposes, and for no other purpose without the purposes stated in Item 3 prior written consent of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsLandlord. Tenant shall will not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow occupy the Leased Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant or its use orders of the PremisesUnited States of America, including without limitation the state in which the Leased Premises are located, and all federal other governmental units or agencies having jurisdiction over the property and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Leased Premises. Tenant shall not generatecause, handlemaintain or permit any outside storage on or about the Leased Premises, store shall not commit or dispose suffer any waste upon the Leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) other tenant in the Premises Building. No use shall be made or Project without permitted to be made of the prior written consent Leased Premises, nor acts done, which will increase the existing rate of Landlord; provided that insurance upon the foregoing shall not be deemed to proscribe Building or cause the use by Tenant cancellation of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous insurance policy covering the Building, or toxic materials that may be required by any governmental agencypart thereof. Tenant shall alsonot sell, from time or permit to time upon request be kept, used, in or about the Leased Premises, any article which may be prohibited by Landlordthe standard form of fire insurance policy. Tenant shall, execute such affidavits concerning Tenant’s best knowledge at its sole cost and belief regarding expense, comply with any and all requirements, pertaining to the presence of hazardous or toxic materials in the Leased Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part , of any such assessmentinsurance organization or company, Landlord shall have necessary for the rightmaintenance or reasonable fire and public liability insurance covering the Leased Premises, upon reasonable prior notice to Tenant, to enter Building and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantappurtenances. Tenant will cooperate with Landlord in connection with shall not place on any assessment by, among other things, promptly responding floor a load exceeding the floor load per square foot which such floor was designed to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarry.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Innotrac Corp), Industrial Lease Agreement (Innotrac Corp)
Use. The Premises shall be used only for the Permitted Use and for no other purpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant shall will use the Premises only 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. Except as would normally be expected from the use of the Premises for the purposes stated in Item 3 bulk storage and distribution of cosmetic products, Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Basic Lease Provisions. 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 Premises, or take any other available remedyaction that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any other party. The uses prohibited under this Lease Tenant, at its sole expense, shall includeuse and occupy the Premises in compliance with all laws, including, without limitation, use of the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofcollectively, “Legal Requirements”); (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsprovided, temporary employment agencies or other training facilities which are not ancillary to corporatehowever, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. that Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights event be required to make structural alterations or quiet enjoyment of other occupants of modifications to the Building or the Project, common areas within the Site unless such modifications or use or allow the Premises alterations are required due to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its Tenant’s particular use of the Premises. 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, including without limitation all federal and state occupational health and safety and handicap access requirementsas may be amended from time to time. Tenant shall, whether at its expense, make any alterations or not Tenant’s compliance will necessitate expenditures modifications, within or interfere with its use and enjoyment of outside the Premises. , that are required by Legal Requirements; provided, however, that Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may event be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge make structural alterations or modifications to the Building or the common areas within the Site unless [***]: Certain information on this page has been omitted and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply filed separately with the requirements of this SectionCommission. In all events Tenant shall indemnify each of Confidential treatment has been requested with respect to the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseomitted portions.
Appears in 2 contracts
Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Use. Tenant shall use the Premises only The premises are to be used for the general office purposes stated in Item 3 of the Basic Lease Provisionsand for no other business or purpose. The parties agree that any contrary No use shall be deemed made or permitted to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use be made of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolspremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be nor acts done in or about the Premises premises, which will in any way interfere conflict with any law, ordinance, rule or regulation, permit, occupancy certificate, or other entitlement affecting the rights use or quiet enjoyment of other occupants occupancy of the Building premises, now or the Projecthereafter in effect, or use which will increase the existing rate of insurance upon the Project or allow cause a cancellation of any insurance policy covering the Premises to be used for building or any unlawful purposepart thereof, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do sell, or permit to be done anything kept, used or sold in or about the premises any article which will invalidate or increase may be prohibited by the cost standard form of any fire insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulespolicy. Tenant shall comply at its own expense comply with all present and future laws, ordinances and ordinances, orders, rules, regulations, and/or requirements of all governmental authorities that pertain pertaining to Tenant Tenant's particular use or its use occupancy of the Premisespremises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises's activities therein. Tenant shall not generatecommit, handleor suffer to be committed, store any waste upon the premises, or dispose any public or private nuisance, or other act or thing which may obstruct or disturb the quiet enjoyment of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) other tenant in the Premises Project, nor shall Tenant, without the written consent of Landlord, use any apparatus, machinery or Project device in or about the premises which shall cause any substantial noise or vibration, or which shall substantially increase the amount of electricity or water, if any, agreed to be furnished or supplied under this lease. Tenant shall not install or use heat-generating machines, excess lighting, or other equipment which may affect the temperature otherwise maintained by the air conditioning equipment, without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete may install the usual office machines and deliver equipment, such as electrical typewriters, adding machines, teletypewriters and similar equipment. Notwithstanding the foregoing, Tenant may install and operate at the premises computers and related equipment, subject to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence provisions of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment this lease respecting use of the environmental condition premises and installation of the Premises alterations and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasetrade fixtures.
Appears in 2 contracts
Samples: Sublease Agreement (Keynote Systems Inc), Sublease Agreement (E Stamp Corp)
Use. 8.1 Tenant shall use the Premises only for general office purposes, including administrative functions, and all purposes reasonably incident thereto and reasonably commensurate with the purposes stated operation and occupancy of a technology company headquarters in Item 3 the South of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Market District, and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, not use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose without the prior written consent of Landlord, nor which consent may be granted or withheld in Landlord’s sole discretion. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant permit Improvements (or subsequent Changes) the construction of, a kitchen/cooking facility (including a gas line of adequate capacity with gas lines stubbed to the Premises) for Tenant’s employees and guests only (in no event shall such kitchen/cooking facility be open to or serve the general public), on and subject to the following terms and conditions: Tenant shall be responsible, at its sole cost and expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for such kitchen/cooking facility uses (including, without limitation, any nuisance necessary approvals from the applicable health and/or fire departments, permits required in connection with any venting or commit other air-removal/circulation system, and any waste required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s installation of any alterations in the Premises in connection with such kitchen/cooking facility uses. Tenant shall have access to the Premises 24 hours per day/ 365 days per year. Tenant shall not use or occupy the ProjectPremises in violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy issued for the Building. Upon five (5) business days written notice from Landlord, Tenant shall discontinue any specific use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any recorded covenants, conditions and restrictions affecting the Site or of any law, code, regulation, rule, order, or injunction or of the Certificate of Occupancy. However, Tenant, at Tenant’s expense, may contest by appropriate proceedings in good faith the legality or applicability of any law affecting the Premises, provided that (i) the Building or any part thereof (including the Premises) shall not be subject to being condemned or vacated by reason of noncompliance or otherwise by reason of such contest, (ii) no unsafe or hazardous condition remains unremedied as a result of such contest, (iii) such non-compliance or contest is not prohibited under any then-applicable mortgage, (iv) such non-compliance or contest shall not prevent Landlord from obtaining any and all permits and licenses then required by applicable laws in connection with the operation of the Building, and (v) the Certificate of Occupancy for the Building (or any portion) is neither subject to being suspended by reason such of non-compliance or contest (any such proceedings instituted by Tenant being referred to herein as a “Compliance Challenge”). In the event that Tenant commences a Compliance Challenge, Tenant’s obligation to cease any use specified in Landlord’s notice and/or obligation to comply with the applicable law in question shall, unless otherwise mandated by applicable law, be suspended pending the resolution of the Compliance Challenge. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of the Building without Landlord’s prior written consent. Landlord shall not unreasonably withhold, delay or condition Landlord’s consent to Tenant’s installation of antennae on the roof of the Building. Subject to Tenant’s right to commence a Compliance Challenge, Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s specific use or alteration of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupation thereof. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy(ies) policy covering the Site, the Building, the Project Premises, and/or their contents, property located therein and shall comply with all applicable insurance underwriters rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Upon demand, Tenant shall promptly reimburse Landlord as additional rent for any additional premium charged for such policy by reason of Tenant’s failure to comply with the provisions of this Paragraph 8. Tenant shall comply at its expense not do or permit anything to be done in or about the Site, the Building, and/or the Premises which will unreasonably obstruct or interfere with all present and future lawsthe rights of other tenants or occupants of the Building, ordinances and requirements of all governmental authorities that pertain or injure them, or use or allow the Premises to be used for any unlawful purpose. Tenant shall not cause, maintain or its use of permit any nuisance in, on or about the Site, the Building and/or the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsor allow any noxious odors to exist at or emanate from the Site, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Building and/or the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Site, handlethe Building and/or the Premises and shall keep the Premises in good repair and appearance. Tenant shall not place a load upon the Premises which exceeds the average pounds of live load per square foot of floor area specified for the Building by Landlord’s architect Huntsman Architectural Group, store or dispose with the partitions to be considered a part of hazardous or toxic materials (as such materials may be identified in any federalthe live load. Landlord reserves the right to reasonably prescribe the weight and position of all safes, state or local law or regulation) files and heavy equipment which Tenant desires to place in the Premises so as to distribute properly the weight thereof, based upon Landlord’s architect’s written recommendation, which Landlord will provide to Tenant. Tenant’s business machines and mechanical equipment which cause vibration or Project without noise that may be transmitted to the prior written consent Building structure or to any other space in the Building shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Tenant shall fasten all files, bookcases and like furnishings to walls in a manner to prevent tipping over in the event of Landlord; provided that the foregoing earth movements. Landlord shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as responsible for any damage or liability for such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseevents.
Appears in 2 contracts
Samples: Lease (Okta, Inc.), Agreement of Lease (Okta, Inc.)
Use. Tenant shall agrees that it will continuously during the Term use the Premises only for the purposes stated general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall force or which may hereinafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeforce, including, without limitation, use the Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq. and any governmental regulations relating thereto, including any required alterations for purposes of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms “public accommodations” under such as radio and/or television stationsstatute. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with other tenants of the rights Building. If any of Tenant’s office machines or equipment disturbs the quiet enjoyment of any other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste tenant in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use sole cost and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseexpense.
Appears in 2 contracts
Samples: Lease Agreement, Amendment of Lease Agreement (E2open Inc)
Use. The Premises shall be used only for general office purposes, engineering to include (a) visual inspection – requires microscope and special light as well as computer and digital camera; (b) mechanical inspection – requires force-displacement station and video camera; (c) micro processing including polishing, sharpening; (d) assembly of devices and tools; (e) electrical testing – requires oscilloscopes and amplifiers; (f) light manufacturing; (g) research and development; and for the purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes as may be incidental thereto. In the event, Tenant’s uses should require any permits, variances, or other requirements as in order to occupy and use the Premises, Tenant shall use the Premises only be responsible for the purposes stated in Item 3 of the Basic Lease Provisionssecuring them at its sole cost and expense. 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. The uses prohibited under this Lease shall includeOutside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own cost and expense, obtain any and all other 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 Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or a portion thereof for (i) offices of any agency upon, or bureau of connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsPremises, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsall at Tenant’s sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or quiet enjoyment of other occupants of the Building otherwise handle any product, material or the Project, merchandise which is explosive or use or allow highly inflammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including without limitation, nor shall Tenant permit any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises for the generation, storage, transportation or Project without the prior written consent disposal of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding dangerous, toxic or hazardous materials, chemicals, wastes or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasesimilar substances.
Appears in 2 contracts
Samples: Lease Agreement (Clearside Biomedical, Inc.), Lease Agreement (Clearside Biomedical, Inc.)
Use. The Leased Premises will be used only for that use set forth in Tenant shall Specific Terms hereinabove, and purposes incidental to that use, and for no other purpose. TENANT will use the Leased Premises in a careful, safe, and proper manner. TENANT will, at TENANT’s sole expense, only use and cause or permit the Leased Premises to be used or occupied for purposes or in a manner which is in full compliance with any and all applicable municipal, county, state and federal laws, rules, directives, ordinances and regulations, permits, the purposes stated requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of LANDLORD’s engineers and/or consultants, relating in Item 3 any manner to the Leased Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Leased Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance) and any covenants, conditions or restrictions of record, including without limitation all zoning, building and other codes, and the Americans with Disabilities Act, as revised from time to time, and California Title 24, now in force or which may hereafter be in force or effect (collectively, “Applicable Requirements”), which impose any duty upon LANDLORD or TENANT with respect to the use, occupation or alteration of the Basic Lease ProvisionsLeased Premises. TENANT will not commit waste or suffer or permit waste to be committed in, on, or about the Leased Premises_ TENANT will conduct its business and control its employees, agents, and invitees in such a manner as not to violate any Applicable Requirements or to create any nuisance or interfere with, annoy, or disturb any other TENANT or occupant of the project or LANDLORD in its operation of the project. 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. The uses prohibited under this Lease term “nuisance” shall include, without limitation, anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Premises comfortable enjoyment of life or a portion thereof for property. Within ten (10) days after receipt, TENANT shall deliver to LANDLORD written notice of, and concurrently provide Landlord with copies of (if applicable): (i) offices any notices alleging violations respecting the project and/or the Leased Premises of any agency or bureau of the United States or any state or political subdivision thereofApplicable Requirements; (ii) offices any notices of claims made or agencies threatened in writing regarding noncompliance violations respecting the project and/or the Leased Premises of any foreign governmental or political subdivision thereofApplicable Requirements; and (iii) offices any notices of any health care professionals governmental or service organization; (iv) schools, temporary employment agencies regulatory actions or other training facilities which are not ancillary investigations instituted or threatened regarding noncompliance with violations of any Applicable Requirements as same relate to corporate, executive all or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants portion of the Building or Leased Premises and/or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseproject.
Appears in 2 contracts
Samples: Lease (GLAUKOS Corp), Lease (GLAUKOS Corp)
Use. Tenant shall use the The Premises are to be used only for general office purposes and for no other business or purpose without the purposes stated in Item 3 prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use No act 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present and future lawsnot, ordinances and requirements of all governmental authorities that pertain without Landlord's prior consent, install any equipment, machine, device, tank or vessel which is subject to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law permitting requirement. Tenant, at its expense, shall comply with all laws, statutes, ordinances and governmental rules, regulations or regulation) requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant, at its expense, shall comply with all laws, statutes, ordinances, governmental rules, regulations or requirements, and the provisions of any recorded documents now existing or hereafter in effect relating to its use, operation or occupancy of the Premises or Project without the prior written consent of Landlord; provided that the foregoing and shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long observe such reasonable rules and regulations as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as EXHIBIT F. Without limiting the foregoing, Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part of 's sole cost and expense for any such assessment, Landlord shall have the right, upon reasonable prior notice accommodations or alterations which need to Tenant, be made to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” (Americans With Disabilities Act of 1990, as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseamended.
Appears in 2 contracts
Samples: Lease Agreement (Texas Roadhouse, Inc.), Lease Agreement (Texas Roadhouse, Inc.)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated purpose of general office, R&D, light manufacturing, storage and other legal uses related thereto, and no other purpose. Tenant shall not do, keep or permit to be done or kept in Item 3 or about the Premises: (i) anything which is prohibited by or will in any way increase the existing rate of (or cause the Basic Lease Provisions. The parties agree that cancellation of) 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. The uses prohibited under this Lease shall include, without limitation, use of insurance covering the Premises or a portion thereof for (i) offices any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any agency or bureau article which may be prohibited by the standard form of the United States or any state or political subdivision thereoffire insurance policies; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. 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 rights or quiet enjoyment of other occupants of the Building or the Projectneighboring buildings, or use injure, annoy or disturb them. Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance to exist in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord’s prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling, or permit roof in places which might endanger or damage the same; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant nor on or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsthe Building nor such land; nor overload any electrical, whether mechanical, HVAC, plumbing, sprinkler, or not Tenant’s compliance will necessitate expenditures other systems. No waste materials or interfere with its use and enjoyment refuse shall be permitted to remain upon any part of the Premises nor outside of the Building in which the Premises are a part, except in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, or inside of the Building in places designated by Landlord. No materials, supplies, equipment, finished or semi-finished products, or articles of any nature shall be stored on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generate, handle, store place anything or dispose of hazardous allow anything to be placed on or toxic materials (as such materials near any window or door which may be identified seen from outside the Premises, except as may be approved in any federalwriting by Landlord. No loudspeaker or other device, state system or local law or regulation) in apparatus which can be heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time not commit or suffer to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at be committed any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the rightwaste in, upon reasonable prior notice or about the [UNREADABLE] owners shall in any way affect this Lease, entitle Tenant to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed any reduction of rent hereunder or result in a manner that minimizes disruption any liability of Landlord to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction of record affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.
Appears in 2 contracts
Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions (subject to the provisions of Section 2.5) and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant pays any such increase in cost), and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation of the Building structure or to the systems serving the Building is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on "capital" repairs or replacements contained in Section 4.2(g), shall be considered as part of "Project Costs" (except to the extent that such compliance obligations (I) are triggered by or relate to Tenant's use of the Premises for other than general office purposes, or (ii) are triggered by or relate to particular alterations or improvements installed by Tenant in the Premises, in which event Tenant shall not generateperform all required construction and/or rehabilitation at its sole cost and expense). Tenant shall comply at its expense with all existing covenants, handleconditions, store easements or dispose restrictions now affecting or encumbering the Building and/or Project, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall alsocomply at its expense with any future amendments or modifications to such existing covenants, from time to time upon request by Landlordconditions, execute such affidavits concerning 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 best knowledge 's use and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition enjoyment of the Premises and or materially increase Tenant's obligations or materially decrease Tenant's rights under this Lease. Tenant shall promptly upon demand reimburse Landlord for any additional insurance premium charged by reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 2 contracts
Samples: Lease (New Century Financial Corp), New Century Financial Corp
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, use all governmental approvals, licenses and permits, if any, required for the proper and lawful conduct of Tenant's business in the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the ProjectBuilding, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentscontents (unless Tenant agrees to pay for such increases), and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Industrial Lease (Minimed Inc), Industrial Lease (Minimed Inc)
Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of Section 1.01(f) hereof, and for no other purposes. Tenant shall not use or permit the Basic Lease Provisions. The parties agree that Premises or any contrary portion thereof to be used for any purpose other than the permitted use or for any unlawful purpose or in any unlawful manner, and shall be deemed comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to cause material the Premises, the Project, and irreparable harm the occupancy thereof and Tenant shall give prompt written notice to Landlord of any notification to Tenant of any claimed violation thereof. Tehaht shall at its own cost and shall entitle Landlord to injunctive relief in addition to expense obtain any other available remedy. The uses prohibited under this Lease shall include, without limitation, and all licenses and permits necessary for the use of the Premises Premises. Tenant shall not do or a portion thereof for (i) offices permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Project or any of its contents, or cause cancellation of any agency or bureau of insurance policy covering the United States Project or any state part thereof or political subdivision thereof; (ii) offices or agencies any of its contents. In the event that, by reason of any foreign governmental acts of Tenant or political subdivision thereof; (iii) offices its conduct of business, there shall be any health care professionals increase in the rate of insurance on the Building or service organization; (iv) schoolsits contents, temporary employment agencies or other training facilities which are not ancillary Tenant hereby agrees to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms pay such as radio and/or television stationsincrease. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project or the Project, injure or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectannoy them. Tenant shall not do permit any nuisance in, on or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, handleTenant shall not, store without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of hazardous within or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in about the Premises or Project without any other portion of the prior Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent of Landlord; provided that to Tenant pursuant to the foregoing sentence, Tenant shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, rules and regulations pertaining to and governing such use by Tenant, and shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, toxic or hazardous materials. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment Further without limitation of the environmental condition of foregoing, Tenant will not permit or suffer the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed be occupied or used in a manner that minimizes disruption offensive or objectionable to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among or other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost occupants of the assessment/testing shall be reimbursed Project by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply reason of light, radiation, magnetism, noise, odors and/or vibrations, or interfere in any way with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) other tenants or those having business in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseProject.
Appears in 2 contracts
Use. Tenant shall use and occupy the Premises only for the purposes stated uses set forth in Item 3 Article 1.G. of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord’s sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or unreasonably infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the specific use or occupancy of the Premises by Tenant (as opposed to the general use of the Premises), and (ii) improvements installed or constructed in the Premises by or for the benefit of Tenant. If Tenant permits more than six (6) people per one thousand (1,000) rentable square feet of the Premises to occupy the Premises in the Tower at any time, Tenant acknowledges that the Project systems may not be sufficient for Tenant’s use of the Premises and Landlord shall have no liability or a portion thereof responsibility for (i) offices the inadequacy of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectsystems. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances orders, regulations and requirements of all governmental authorities that pertain any organization which sets out standards, requirements or recommendations commonly referred to Tenant or its use of the Premisesby major fire insurance underwriters, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use increased by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseArticle 7.
Appears in 2 contracts
Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)
Use. Section 4.1. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree that any contrary general office use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex 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 way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the buildings, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. 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 to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction (“CC&R”) affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided that the foregoing provided, however, Tenant shall not be deemed required to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees any future CC&R that it shall promptly complete materially and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning adversely interferes with Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials rights expressly set forth in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition this Lease and/or Tenant’s use of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have for the right, upon reasonable prior notice Permitted Use pursuant to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination terms of this Lease. The provisions of this Article 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. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant shall have access to the Premises during the demised term twenty-four (24) hours a day, seven (7) days a week.
Appears in 2 contracts
Samples: Sublease (Aravive, Inc.), Lease Agreement (Versartis, Inc.)
Use. Tenant shall use the Premises only solely for general office, laboratory, research and development, manufacturing, all other life science uses and all other legally-permitted uses associated with Tenant’s business to the extent consistent with the current zoning for the purposes stated in Item 3 Premises, all applicable laws and the first-class nature of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Project as a first-class biotechnology project, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeother purpose or purposes whatsoever without Landlord’s consent. Tenant shall not use, nor shall Tenant or suffer or permit any nuisance person or commit any waste in persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of Exhibit D, attached hereto, or in violation of the laws of the United States of America, the state in which the Project is located, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project. Tenant shall comply with the Rules and Regulations and all recorded covenants, conditions, and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Project, including but not do limited to, that certain Declaration of Covenants, Conditions and Restrictions (as amended, modified or permit supplemented from time to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Buildingtime, the Project and/or their contents“Declaration”), dated June 6, 1984, by California Casualty Management Company, a California corporation, which was recorded as document #84061165 in the official records of San Mateo County, California, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present the Parcel 1 and future lawsParcel 2 Owners; as amended by that certain Amendment to Declaration of Covenants, ordinances Conditions and requirements of all governmental authorities that pertain to Tenant or its use of Restrictions dated and recorded on January 16, 2020 as Instrument 2020-004242 (collectively, the Premisesexisting “CC&Rs”), including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of as the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials same may be identified in any federalamended, state amended and restated, supplemented or local law or regulation) in the Premises or Project without the prior written consent of Landlordotherwise modified from time to time; provided that the foregoing shall any such amendments, restatements, supplements or modifications do not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning materially modify Tenant’s best knowledge and belief regarding the presence of hazardous rights or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseobligations hereunder.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, light manufacturing, research and development, and storage and other uses necessary for Tenant to conduct Tenant's business, provided that any contrary use such uses shall be deemed to cause material in accordance with all applicable governmental laws and irreparable harm to Landlord ordinances, and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or any part thereof. Tenant shall not do or permit to be done anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of . No sale by auction shall be permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the 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 stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. 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; provided that . Tenant shall not commit or suffer to be committed any waste in or upon the foregoing Premises. Tenant shall indemnify, defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys' fees, or liability arising out of failure of Tenant to comply with any applicable law related to Tenant's use of the Premises. Tenant shall comply with any covenant, condition, or restriction ("CC&R's") affecting the Premises. The provisions of this paragraph are for the benefit of the Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence occupant of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (PLX Technology Inc), Lease Agreement (PLX Technology Inc)
Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or toxic materials in the Premises. Landlord shall have the right at "contaminant" under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.
Appears in 2 contracts
Samples: Office Lease (Avi Biopharma Inc), Office Lease (E Comnetrix Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way unreasonably interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not knowingly do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable and reasonable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function to the extent such rules and requirements are provided to Tenant. Subject to the express provisions of this Lease to the contrary, Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain particularly to Tenant or its particular use of the Premises and/or pertain only to the interior of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply at its expense with all present covenants, conditions, easements or restrictions now affecting or encumbering the Building and/or Project, and any future covenants, conditions, easements or restrictions, and any amendments or modifications thereto which do not generatematerially derogate the rights of Tenant or materially increase the obligations of Tenant hereunder, handleincluding, store without limitation, the payment by Tenant of any periodic or dispose of hazardous special dues or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 2 contracts
Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)
Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Permitted Use and shall comply with all applicable Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as 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 of the Building, 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, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance underwriters ruleson the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 26 hereto), provided, however, that such matters arising in connection with Txxxxx’s Permitted Use of the Premises are expressly permitted regardless of whether such matters are considered disreputable, create extraordinary fire hazards, or result in an increased rate of insurance on the Building or its contents. Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed). If, because of a Tenant Party’s acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then Tenant shall pay to Landlord the amount of such increase on demand. Tenant shall comply at conduct its expense business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with all present other tenants or Landlord in its management of the Building, provided, however, that nuisances and future lawsinterference arising in connection with Txxxxx’s Permitted Use of the Premises are expressly permitted regardless of whether such nuisances and interference interfere in any way with other tenants or persons having business with them. Notwithstanding the foregoing, ordinances and requirements in the event of all governmental authorities that pertain to Tenant any nuisances or its use interference arising in connection with Tenant’s Permitted Use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsTenant shall, whether upon Landlord’s reasonable request, use commercially reasonable efforts to mitigate such nuisances or not interference, provided that Tenant shall have no obligation to effect any mitigation efforts that would disrupt or otherwise disturb Tenant’s compliance will necessitate expenditures or interfere with operation of its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in business on the Premises or Project without for the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePermitted Use.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)
Use. The Premises shall be used and occupied by Tenant shall use the Premises only solely for the purposes stated of general office, lab, warehouse and other related ancillary uses and such use by Tenant shall at all times be in Item 3 full compliance with all applicable laws, ordinances and governmental regulations affecting the Building and Property and subject to the reasonable rules and regulations of Landlord set forth on Exhibit C. Tenant agrees not to commit or permit any act to be performed on the Premises or any omission to occur which will be in violation of any statute, regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all governmental laws, ordinances, rules and regulations applicable to the use of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Premises and irreparable harm to Landlord its occupancy and shall entitle Landlord promptly comply with all governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to injunctive relief in addition the Premises, all at Tenant’s sole cost and expense. Without limiting the scope of the foregoing provisions of this Article 11, Tenant’s use of the Premises shall comply with all applicable requirements of the 1998 Minnesota Uniform Fire Code, as amended and as may hereafter be amended from time to time and of any other available remedy. The uses prohibited under this Lease shall includereplacement and/or successor law, ordinance, code or rule or regulation, including, without limitation, use the 2000 Xxxxxxxxx Xxxxx Fire Code, expressly including requirements relating to the types of materials that may be stored in the Premises, the storage containers that may be used, the heights such storage containers may be stacked and the separation that must exist between materials and stacks. Tenant shall not disturb other occupants of the Premises Building by making any undue or a portion thereof for (i) offices of any agency unseemly noise or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant otherwise and shall not do or permit anything to be done in or about the Premises or Building anything which will be dangerous to life or limb. The employees of Tenant shall not be permitted, during their breaks or otherwise, to congregate or loiter in any way interfere with of the rights or quiet enjoyment common areas of the Building, including the Common Areas, in such a manner that would be disruptive of the use of such Common Areas by the other tenants and occupants of the Building or that would obstruct access to, from or within the ProjectBuilding. Tenant shall not, without the prior consent of Landlord, use any apparatus, machinery, device or use equipment in or allow about the Premises that will cause any substantial noise or vibration or any increase in the normal consumption level of electric power. If any of Tenant’s apparatus, machinery, devices or equipment should disturb the enjoyment of any other tenant in the Building, then Tenant shall provide, at its sole cost and expense, adequate insulation or take such other action, including removing such apparatus, machinery, devices or equipment, as may be necessary to eliminate the disturbance. No food or beverage dispensing machines (except those solely servicing Tenant’s on-Premises employees) shall be used for any unlawful purpose, nor shall installed by Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that . In no event shall Tenant (i) permit the foregoing shall not be deemed to proscribe the use by Tenant storage of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous materials, equipment or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment other personal property outside of the environmental condition Building or (ii) permit any motor vehicle to be parked outside of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding overnight.
Appears in 2 contracts
Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, manufacturing, biology and tissue culture laboratory, wet laboratory, animal laboratory, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that any contrary use such approved uses shall be deemed in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose. Notwithstanding anything to cause material and irreparable harm to Landlord and the contrary herein, in no event shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents unless Tenant pays one hundred percent (100%) of said additional increase in said rate, or will cause a portion thereof for (i) offices cancellation of any agency or bureau of insurance covering the United States Premises or any state part thereof, or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits contents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure them, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises. Notwithstanding anything to the contrary herein, the sale by Tenant of a piece or pieces of equipment located within the Premises or the Projectto a third party shall not be deemed an auction. Tenant shall not do place any loads upon the floors, walls, or permit to be done anything ceiling which will invalidate endanger the structure, or increase place any harmful fluids or other materials in the cost drainage system of any insurance policy(ies) covering the Building, the Project and/or their contents, and or overload electrical or other mechanical systems. No waste materials or refuse shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain be dumped upon or permitted to Tenant or its use remain upon any part of the PremisesPremises or outside of the Building, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash containers placed inside exterior Initial: DWD/JA enclosures designated by Landlord for that purpose or inside of the Building proper where reasonably designated by Landlord. No materials, whether supplies, equipment, finished products or not semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises except as functionally necessary as a result of the design of Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the PremisesInterior Improvements as reasonably approved by Landlord. Tenant shall not generateplace anything or allow anything to be placed near the glass of any window, handledoor partition or wall which may appear unsightly from outside the Premises. No loudspeaker or other device, store system or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, from time defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to time upon request by Landlordcomply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous condition, or toxic materials in restriction (“CC&R’s”) affecting the Premises. Landlord shall have the right at any time to perform an assessment has provided a copy of the environmental condition of the Premises and of Tenantsaid CC&R’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. The provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.
Appears in 2 contracts
Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Use. The Premises shall be used only for the purpose of receiving, storing, packaging, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant shall and for such other lawful purposes as may be incidental thereto; provided, however, with Landlord's prior written consent, and provided that such use is permissible under applicable zoning and other Legal Requirements. Tenant may also use the Premises only for light manufacturing. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the purposes stated Premises, without Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Tenant will use the Premises in Item 3 a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Basic Lease ProvisionsPremises or subject the Premises to use that would damage the Premises. The parties agree 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 contrary use tenants of the Project. For purposes of the preceding sentence, noise or vibrations from Tenant’s material handling system shall not be considered “objectionable” by Landlord. Outside storage, including without limitation, storage of non-operable trucks and other non-operable vehicles, is prohibited without Landlord's prior written consent; provided, however, that subject to applicable Legal Requirements, Tenant shall be deemed permitted to cause material park trucks and irreparable harm trailers used in Tenant’s business operations on and from the Premises overnight at the truck docks of the Premises and Tenant’s customers shall be permitted to Landlord park their vehicles overnight from time to time in the parking areas of the Premises, provided such customer’s vehicles and such trucks and trailers are at all times in operable condition and there is no interference with the ingress and egress of the Project. Except as otherwise set forth in the Lease, Tenant, at its sole expense, shall entitle Landlord to injunctive relief use and occupy the Premises in addition to any other available remedy. The uses prohibited under this Lease shall includecompliance 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”). 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 specific use or occupation of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall will not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposepurpose or in any manner that would void Tenant's or Landlord's insurance, nor shall Tenant permit increase the insurance risk, or cause the disallowance of any nuisance or commit sprinkler credits. If any waste increase in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering on the Building, Premises or the Project 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 and requirements of all governmental authorities that pertain to Tenant is caused by Tenant's use or its use occupation of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementsor because Tenant vacates the Premises, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment then Tenant shall pay the amount of such increase to Landlord. Any occupation of the PremisesPremises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease. Tenant Notwithstanding anything contained herein to the contrary, Tenant's obligations hereunder shall not generate, handle, store or dispose relate only to the interior of hazardous or toxic materials (as such materials may be identified in the Premises and any federal, state or local law or regulation) in changes to the Premises or Project without the prior written consent Building that relate solely to the specific manner of Landlord; provided that use of the foregoing Premises by Tenant, and Landlord shall not be deemed make all other additions to proscribe or modifications of the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be Premises required by any governmental agency. Tenant shall also, from time to time upon request by Legal Requirements. The cost of such additions or modifications made by Landlord shall be included in Operating Expenses pursuant to Paragraph 6 of this Lease, except for those additions or modifications which are Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding 's sole responsibility pursuant to the presence provisions of hazardous or toxic materials in the Premisesthis Lease. Landlord shall have represents that the right at any time improvements constructed or installed by Landlord pursuant to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice Construction Addendum attached to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release shall comply in all material respects with all applicable covenants or restrictions of hazardous or toxic materials caused by Tenantrecord and all applicable laws, its agentsbuilding codes, employees, contractors, subtenants or licensees. The foregoing covenants shall survive regulations and ordinances in effect on the expiration or earlier termination Commencement Date of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Skechers Usa Inc), Lease Agreement (Skechers Usa Inc)
Use. Tenant The Premises shall use the Premises only not be used or occupied for any purpose other than for the purposes stated in Item 3 Permitted Use, and neither Tenant nor Tenant’s Occupants shall do anything that may (a) increase the existing rate or violate the provisions of any insurance carried with respect to the Basic Lease Provisions. 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 Property, (b) create a public or private nuisance, commit waste or unreasonably interfere with, annoy or disturb any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises tenant or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants occupant of the Building or Landlord in the Projectoperation of the Building, (c) overload the floors or use otherwise damage the structure of the Building, (d) constitute an illegal or allow the Premises to be used for any unlawful reasonably objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or (e) increase the cost of any insurance policy(iesutility service beyond the level permitted by Paragraph 8, (f) covering violate any present or future laws, ordinances, regulations or requirements or any covenants, conditions and restrictions existing with respect to the Property, (g) subject Landlord or any other tenant to any liability to any third party, or (h) lower the first-class character of the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. Tenant shall shall, at Tenant’s sole cost, (v) use the Premises in a careful and safe manner, (w) comply at its expense with all present and future laws, ordinances ordinances, regulations and requirements of all governmental authorities that pertain and any covenants, conditions and restrictions existing with respect to Tenant the Property, including, without limitation, those relating to hazardous substances, hazardous wastes, pollutants or its use of the Premisescontaminants and those relating to access by disabled persons, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulationx) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In any board of fire underwriters or other similar body relating to the Premises, (y) keep the Premises free of reasonably objectionable noises and odors, including, without limitation, cigar, pipe and similar smoke odors, and (z) not store, use or dispose of any hazardous substances, hazardous wastes, pollutants or contaminants on the Property, except for de minimis quantities of typical cleaning and office supplies that are stored, used and disposed of in accordance with all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantapplicable laws, its agentsordinances, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseregulations and requirements.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Use. Tenant covenants that the Premises will not be used so as to interfere with other tenants in the Building. Tenant also covenants that no noise or noxious fumes or odors will be created by Tenant so as to interfere with the quiet enjoyment of the other tenants of their respective demised portions of-the Building. Landlord shall be the sole judge on the question of noise, noxious frames and odors, Tenant shall provide and maintain, at its expense, the handheld fire extinguishers that are required to be maintained in Premises by the governmental agency having jurisdiction over this matter. Neither this lease nor any use by Tenant shall give Tenant any right or easement to the use of any door or passage or concourse connecting with any other building or to any public conveniences, and the use of such doors and passages and concourse and of such conveniences may be regulated and/or discontinued at any time and from time to time by Landlord without notice to Tenant. Tenant shall, at its own expense, procure all necessary certificates, permits, orders or licenses which may be required for the conduct of its business by any governmental statute, regulation, ordinance or agency and all governmental requirements relating to the use or uses of the Premises only by the Tenant shall be complied with by Tenant at its own expense. Landlord shall obtain a Certificate of Occupancy for the purposes stated in Item 3 Premises following completion of the Basic Lease ProvisionsLandlord’s Work. The parties agree that Tenant shall not be permitted to store 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. The uses prohibited under this Lease shall includeitems, including, without limitation, inventory, furniture and equipment, outside of the Premises or the Building. The use of the Premises for the purposes specified in this Article shall not in any event be deemed to include, and Tenant shall not use, or a portion permit the use of, the Premises or any part thereof for for: (ia) offices sale of, or traffic in, any spirituous liquors, wines, ale or beer kept in the Premises; (b) sale at retail of any agency other products or bureau materials kept in the Premises, by vending machines or otherwise, or demonstrations to the public; (c) manufacturing, printing or electronic data processing, except for the operation of normal business office reproducing or printing equipment, electronic data processing equipment and other business machines for Tenant’s own requirements at the Premises, provided only that such use shall not exceed that portion of the United States mechanical or any state or political subdivision thereofelectrical capabilities of the Building equipment allocable to the Premises; (iid) offices the rendition of medical, any or agencies other diagnostic or therapeutic services; (e) the conduct of a public auction of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useskind; or (vif) communications firms such as radio and/or television stations. Tenant shall not do a restaurant, bar, or permit anything to be done in the sale of confectionery, tobacco, newspapers, magazines, soda, beverages, sandwiches, ice cream, baked goods or about similar items, or the Premises which will preparation, dispensing or consumption of food and beverages in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasewhatsoever.
Appears in 2 contracts
Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Sub Lease (Loxo Oncology, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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 relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Office Building whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, federal state or local law or regulation) , in the Premises or Project the Office Building without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant Xxxxxx agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsopromptly, from time to time upon request demand, reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the provisions of this Section and shall indemnify Landlord from any liability and/or expense resulting from Xxxxxx's noncompliance. Tenant acknowledges that: (a) the Office Building does not comply in certain respects with the requirements of this Section. In all events Tenant shall indemnify each the Americans with Disabilities Act; and (b) certain portions of the “Indemnified Parties” (as defined in Section 10.3) in Office Building contain asbestos containing materials. Xxxxxxxx has been advised that these materials are non-friable and do not represent a health risk. Xxxxxx is invited to review reports concerning these matters on file at the manner elsewhere provided in this Lease from any release office of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseOffice Building.
Appears in 2 contracts
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofintentionally omitted; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationintentionally omitted; (iv) schools, temporary employment agencies special classrooms or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not permit more than nine (9) persons on each balcony of the Premises at any time. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawslaws (“Allowed Materials”). Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable 24 hours prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with generated, handled, stored or disposed of Hazardous Materials in the requirements of this SectionPremises or the Project, except for the Allowed Materials. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. As of the date hereof, Landlord represents, to the best of its knowledge, the Premises is free of any hazardous materials. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 2 contracts
Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)
Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease Provisions, in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). The parties agree that Tenant shall, upon 5 days' written notice from Landlord, discontinue 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a portion thereof for (i) offices violation of any agency Legal Requirement. Tenant will not use or bureau of permit the United States Premises to be used for any purpose or in any state manner that would void Tenant's or political subdivision thereof; (ii) offices Landlord's insurance, increase the insurance risk, or agencies cause the disallowance of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies sprinkler or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationscredits. Tenant shall not do 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 permit anything to be done in or about otherwise caused by Tenant's use and/or occupancy of the Premises. Tenant will use the Premises which in a careful, safe and proper manner and will in any way 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 quiet enjoyment of other tenants or occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance equipment or commit any waste machinery to be installed in the Premises CONFIDENTIAL - DO NOT COPY 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 do place any machinery or permit to be done anything which will invalidate equipment weighing 1,000 pounds or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant more in or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in 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; provided that the foregoing , which shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long unreasonably withheld or delayed. Except as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that 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 the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA") 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 that are required by any governmental agency. Tenant shall alsoLegal Requirements (including, from time without limitation, compliance of the Premises with ADA) related to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence 's use or occupancy of hazardous or toxic materials in 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, and Tenant shall indemnify, defend, hold and save Landlord shall have the right at harmless from and against any time to perform an assessment and all Claims arising out of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord or in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Premises to comply with the requirements of this Section. In all events Tenant shall indemnify each any Legal Requirement (including, without limitation, compliance of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises with ADA).
Appears in 1 contract
Samples: Lease Agreement (Acusphere Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done use the Demised Premises in or about the Premises which will in any way interfere with the rights or quiet enjoyment violation of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” Requirements (as defined in Section 10.3) 8.1). Except to the extent required in connection with the manner elsewhere provided operation of the Demised Premises and reasonable amounts of materials required in this Lease from connection with Tenant's present business activities at the Demised Premises (each of which shall be stored, used, treated and disposed of in compliance with all Environmental Laws), Tenant shall not and shall not permit any release Subtenants to, use any portion of the Demised Premises for the storage, treatment, disposal, warehousing or distribution of any flammables, explosives, or radioactive materials, asbestos-containing materials, hazardous or toxic materials, gasoline, waste, or other petroleum products, soil or water pollution, hazardous wastes, toxic substances, corrosive materials, potentially or allegedly carcinogenic substances, substances alleged or believed to result in reproductive toxicity, or similar substances or materials, including without limitation, any substances or materials caused defined as hazardous, toxic or environmentally unsafe under any governmental law, regulation or ordinance. Tenant shall not, and shall not permit any subtenants to, commit any acts or omissions which would give rise to liability under any Environmental Law. Tenant will not suffer any act to be done or any condition to exist thereon or any part thereof or any article to be brought thereon, which may be dangerous, unless safeguarded as required by Tenantlaw, its agentsor which may, employeesin law, contractorsconstitute a nuisance, subtenants public or licenseesprivate, or which may make void or voidable any insurance then in force with respect thereto. The foregoing covenants shall survive Tenant will not use or allow the expiration Demised Premises or earlier termination any part thereof to be used or occupied for any unlawful purpose or in violation of this Leaseany certificate of occupancy or certificate of compliance, if any, covering or affecting the use of the Demised Premises or any part thereof.
Appears in 1 contract
Samples: Transcrypt International Inc
Use. Tenant understands that the Ground Lease permits certain uses of the Premises and prohibits any other uses, and that any use of the Premises in violation of the Ground Lease would cause Landlord material and irreparable harm. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, to the extent also permitted under the Ground Lease and by applicable laws and restrictions and pursuant to approvals to be obtained by Tenant from all relevant and required governmental agencies and authorities. The uses permitted under the Ground Lease are as follows: (a) medical and biotechnology equipment design, engineering, manufacturing and assembly; (b) research activities, including research and development laboratories; (c) research activities, including research laboratories, developmental laboratories and related light manufacturing; (d) professional services serving high technology or research activities and business, such as employment agencies, offices for accountants, attorneys, engineers, photographers or artists, and sales offices for products and services; (e) computer assembly, computer design, software design and communications, or computer networking; and (f) accessory and incidental related uses, including cafeterias and auditoriums, and administrative, professional and business offices (including, but not limited to, reception area, conference rooms, private offices, showrooms and document rooms). 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, or use the Premises in violation of the Ground Lease, nor shall Tenant permit any public or private nuisance or commit any waste in the Premises or the Project. In particular, Tenant shall not permit any use of the Property involving any vibration, noise, sound or disturbance that is objectionable due to intermittence, beat, frequency, shrillness or loudness; any lighting which does not comply with the requirements of Landlord’s design guidelines; any electro-mechanical or electro-magnetic disturbance radiation; any air or water pollution; any emission of odorous, noxious, caustic, or corrosive matter, whether toxic or nontoxic, gas; any litter, dust, dirt or fly ash in excessive quantities; any unusual firing, explosion or damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks; any junk yard, stock yard, distillation of bones, or animal raising, storage, sxxxxxxxx, or disposition of any kind; any drilling for excavation, refining and/or removal of earth materials, oil gas, hydrocarbon substances, water, geothermal system, and any other subsurface substances of any nature whatsoever; any dumping, disposal, incineration, or reduction of animal remains, garbage or refuse of any nature whatsoever, other than handling or reducing any such waste matter if actually produced at the Project from authorized uses and if handled in a reasonably clean and sanitary manner; any auction, public sale, or similar operation; and any commercial excavation of sand, gravel or other building or construction materials. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety requirements, and handicap access requirementsall policies, procedures and regulations promulgated by Ground Lessor pertaining generally to the use of portions of Ground Lessor’s real property leased for non-public purposes and to activities taking place upon Ground Lessor’s real property, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord and Ground Lessor from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease’s noncompliance.
Appears in 1 contract
Samples: Lease (Broadcom Corp)
Use. Tenant shall use the Premises only for or the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about amount the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Office Building or the Project, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Office Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (materials, as such materials may be identified in any federal, 22 state or local law or regulation) , in the Premises premises or Project without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use refused or conditioned by Tenant of customary office supplies Landlord in normal quantities so long as such use comports with all applicable lawsits discretion. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may my be required by any governmental agency. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provision of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Samples: Vision Solutions Inc
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary Provisions and for no other 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 remedywhatsoever. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; or (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building Buildings or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Except as otherwise expressly provided in this Lease, Tenant shall not do perform any work or permit to be done anything which will invalidate or increase the cost of conduct any insurance policy(ies) covering the Building, business whatsoever in the Project other than inside the Premises. The foregoing provisions, however, shall not prohibit individual employees of Tenant from “working” and/or “conducting business” in the Common Areas on their contentslap top computers, and shall comply with all applicable insurance underwriters rules“smart” phones or other personal WIFI devices. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent and with all energy usage reporting requirements of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all government approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project, Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside lite Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section. In all events Tenant Section and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease’s noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances, including without limitation the Americans With Disabilities Act of 1990 (the "ADA"), and solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Paragraph 1.J and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or the Complex or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises or 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 way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling, which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the Building therein, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the Premises, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the 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 stored upon or permitted to remain outside the Premises. 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; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time not commit or suffer to time be committed any waste in or upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant shall agrees that it will use the Premises only solely for the purposes stated general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall force or which may hereinafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeforce, including, without limitation, use the Americans with Disabilities Act, 42 U.S.C. ss. 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for purposes of "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the Premises or a portion thereof for (i) offices of any agency or bureau ADA occurring within the common areas of the United States Building or any state the Property, except to the extent the violation results from Tenant's particular use or political subdivision thereof; (ii) offices or agencies operation of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits Premises. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with other tenants of the rights Building. If any of Tenant's office machines or equipment disturbs the quiet enjoyment of any other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste tenant in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at its expense with all present Tenant's sole cost and future laws, ordinances and requirements of all governmental authorities that pertain expense. Landlord will respond promptly to Tenant or its use Tenant's request for clarification of the Premises, including without limitation all federal Building's floor load and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; sound/vibration requirements based upon actual information provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. equipment Tenant shall also, from time wishes to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinstall.
Appears in 1 contract
Samples: Digitas Inc
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations. rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral office. The parties agree that any contrary use shall be deemed to cause material R&D, light manufacturing, storage and irreparable harm to Landlord other legal uses related thereto, and shall entitle Landlord to injunctive relief in addition to any no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do do, keep or permit anything to be done or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of or cause the cancellation of any insurance covering the Premises or any of its contents; nor shall Tenant sell or permit to be kept, used, leased or sold, in or about said Premises, any article which may be prohibited by the standard form of fire insurance policies or which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants of the Building Premises or the Projectneighboring premises, or use injure, annoy or disturb them; and Tenant will not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises. No sale by auction shall be permitted on the Premises or the Projectwithout Landlord's prior written consent. Tenant shall not do place any loads upon the floors, walls, ceiling or permit roof which might endanger or damage the structure; nor place or spill, nor suffer to be done anything which will invalidate placed or increase spilled, any harmful substances or Hazardous Materials in the cost drainage system of any insurance policy(ies) covering the Building, nor on the Project and/or their contentsPremises. the Building nor the Parcel of land. nor overload any electrical, and mechanical, plumbing, sprinkler, or other systems. No waste materials or refuse shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain be permitted to Tenant or its use remain upon any part of the PremisesPremises nor outside of the Building in which the Premises are a part, including without limitation all federal and state occupational health and safety and handicap access requirementsexcept in trash container(s) placed inside exterior enclosures approved by Landlord for that purpose, whether or not Tenant’s compliance will necessitate expenditures inside of the Building proper where designated by Landlord. No materials, supplies, equipment, finished products or interfere with its use and enjoyment semi-finished products, raw materials or articles of any nature shall be stored or permitted to remain on the roof (other than air conditioning units) nor outside the Premises. Tenant shall not generateplace anything or allow anything to be placed near any window or door which may appear unsightly from outside the Premises. No loudspeaker or other device, handle, store system or dispose of hazardous or toxic materials (as such materials may apparatus which can be identified in any federal, state or local law or regulation) in heard outside the Premises shall be used in or Project at the Premises without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time not commit or suffer to time be committed any waste in or upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at Tenant covenants and agrees that no diminution of light. air or view by any time to perform an assessment structure which may be hereafter erected (whether or not by Landlord) nor use of the environmental condition Building by other occupants nor use of the Premises and neighboring buildings or areas by others shall in any way affect this Lease, entitle Tenant to any reduction of Tenant’s compliance with this Section. As part rent hereunder or result in any liability of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection shall comply with any assessment bycovenant, among other things, promptly responding to inquiries and providing relevant documentation and recordscondition or restriction affecting the Premises. The reasonable cost provisions of this paragraph are for the benefit of Landlord only and shall not be construed to be for the benefit of any other person, or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeasePremises.
Appears in 1 contract
Use. Tenant The demised premises shall use the Premises be continuously used by Tenant, but only for the purpose of receiving, storing, shipping and selling (other than at retail) products, materials and merchandise made and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. Tenant shall at its own cost and expense obtain any and all licenses and permits necessary for any such use. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord and shall entitle parking of automobiles, trucks or other vehicles in the areas not specifically designated on Exhibit B (unless such other areas are designated by Landlord to injunctive relief in addition be common parking areas) and the outside storage of any property are prohibited without Landlord's prior written consent, Tenant shall comply with all governmental laws, ordinances and regulations applicable to any other available remedy. The uses prohibited under this Lease shall include, without limitation, the use of the Premises or a portion thereof premises and its occupancy thereof, and shall promptly comply with all governmental orders and directives for (i) offices the correction, prevention and abatement of any agency violations or bureau of nuisances in or upon, or connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies premises, all at Tenant's sole expense. If, as a result of any foreign change in the governmental laws, ordinances and regulations, the premises must be altered to lawfully accommodate Tenant's use and occupancy thereof, such alterations shall be made only with the consent of Landlord, but the entire cost thereof shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant to comply, or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalter the premises to comply, temporary employment agencies or other training facilities which are not ancillary to corporatewith such laws, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsordinances and regulations. Tenant shall not do permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the premises are situated or unreasonably interfere with such tenants' use of their respective premises or permit anything to be done in or about any use which would adversely affect the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants reputation of the Building building in which the premises are situated. Without Landlord's prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Tenant will not permit the Project, or use or allow the Premises premises to be used for any unlawful purposepurpose (including, nor shall Tenant permit without limitation, the storage of merchandise) in any nuisance or commit any waste in manner which would render the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate insurance thereon void or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsrate thereof, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its immediately cease and desist from such use, paying all costs and expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as resulting from such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseimproper use.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease ProvisionsProvisions and for no other purpose without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. 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 relief, in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Projectuse, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesunderwriters' rules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Tenant shall comply comply, at its expense expense, with all present and future laws, ordinances regulations, codes ordinances, and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation limitation, all federal and state occupational occupational, health and safety requirements and handicap access requirementsall recorded covenants, conditions and restrictions affecting the Building. Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations relating to industrial hygiene, environmental protection and/or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any “Hazardous Materials” (as hereinafter defined). Tenant shall not cause or permit any hazardous wastes, toxic substances or toxic or hazardous materials (collectively, “Hazardous Materials”) to be brought upon, used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively, “Hazardous Materials Activities”) without first receiving Landlord’s written consent, which consent may be withheld by Landlord in its sole and absolute discretion and may be revoked at any time. If Landlord consents to any such Hazardous Materials Activities, Tenant shall conduct them in strict compliance (at Tenant’s sole cost and expense) with all applicable Regulations, as hereinafter defined, and using all necessary and appropriate precautions. Landlord shall not be liable to Tenant for any Hazardous Materials Activities by Tenant, Tenant’s employees, agents, contractors, licensees or invitees, whether or not Tenant’s compliance will necessitate expenditures consented to by Landlord. For purposes hereof, Hazardous Materials shall include, but not be limited to substances defined as “hazardous substances”, “toxic substances”, or interfere with its use “hazardous wastes” in the Comprehensive Environmental Response, Compensation and enjoyment Liability Act of 1980; Resource Conservation and Recovery Act of 1976; Hazardous Material Transportation Act; section 25117 of the California Health and Safety Code; all other laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws and ordinances governing similar matters; and any regulations adopted and publications promulgated pursuant to said laws (collectively “Regulations”). Prior to using, storing or maintaining any Hazardous Materials on or about the Premises, Tenant shall provide Landlord with a list of the types and quantities thereof, and shall update such list as necessary for continued accuracy; provided, however that Tenant may use commercially available office cleaning supplies in compliance with Regulations. Tenant shall not generate, handle, store or dispose also provide Landlord with a copy of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be Hazardous Materials inventory statement required by any governmental agencyapplicable Regulation, and any update filed in accordance with any applicable Regulation. If Tenant’s activities violate or create a risk of violation of any Regulation, Tenant shall cease such activities immediately, including (but not limited to) upon notice from Landlord. Tenant shall also, from time to time upon request immediately notify Landlord both by telephone and in writing of any spill or unauthorized discharge of any Hazardous Materials or of any condition constituting an “imminent hazard” under any Regulation. Landlord, execute such affidavits concerning TenantLandlord’s best knowledge representatives and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord employees shall have the right to enter the Premises at any time to perform in the case of an assessment emergency and otherwise at reasonable times (upon reasonable advance notice), for the purpose of inspecting the environmental condition of the Premises and of Tenant’s for verifying compliance by Tenant with this Section. As part Lease and all laws, rules, regulations, ordinances and directives relating in any manner to the Premises, including but not limited to matters pertaining to the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any such assessmentHazardous Materials. Tenant shall indemnify, Landlord shall have protect, defend (with counsel acceptable to Landlord) and hold Landlord, its agents, directors, affiliates, officers, partners, managers, members, employees, lenders, and successors and assigns, and the rightPremises, upon reasonable prior notice to Tenantharmless from the against any and all loss of rents and/or damages, to enter liabilities, judgments, costs, claims liens, expenses, penalties, permit fees and inspect attorney’s and consultant’s fees arising out of or involving any Hazardous Materials brought onto, manufactured, produced or stored at, discharged or transported from, the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by for Tenant, its agents, employees, representatives, contractors, subtenants invitees, successors or licenseesassigns, or in any way under Tenant’s control. The foregoing covenants Tenant’s obligations under this Paragraph shall include, but not be limited to, the effects of any contamination or injury to any person, property or the environment created or permitted by Tenant, and the cost of investigation (including consultant’s and attorney’s fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. Landlord shall indemnify Tenant from any action by a governmental agency against Tenant regarding the presence of Hazardous Materials existing at the Building prior to the date Tenant first occupied the Premises, except to the extent such pre-existing condition was exacerbated by, or caused by, Tenant or its employees, contractors or agents. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Materials or Hazardous Materials Activities, unless specifically so agreed by Landlord in writing at the time of such agreement. Tenant acknowledges that: (a) the Building does not comply in certain respects with the requirements of the Americans with Disabilities Act; and (b) certain portions of the Building contain asbestos containing materials. Landlord has been advised that these materials are non-friable and do not represent a health risk. Tenant is invited to review reports concerning these matters on file at the office of the Building.
Appears in 1 contract
Samples: Office Lease (Model N, Inc.)
Use. Tenant shall use the The Premises are to be used only for the general office --- purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease which shall include, without limitationbut not be limited to, employee training, employee lunch room and/or kitchen facilities (including vending machines for Tenant's use only), printing facilities and incidental storage and warehouse facilities relating thereto, meeting and conference rooms, operation of an employee cafeteria, operation of an employee delicatessen (solely for the use of Tenant's employees and guests), telecommunication facility, data processing and computer facilities and equipment and for no other business or purpose without the Premises or a portion thereof for (i) offices prior written consent of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities Landlord which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant consent shall not do be unreasonable withheld, delayed or permit anything to conditioned, provided such use is consistent with the use of similarly situated office buildings in the area. No act shall be done in or about the Premises which that is unlawful or that will increase the existing rate of insurance on the Building. In the event of a breach of this covenant, Tenant shall immediately cease the performance of such unlawful act or such act that is increasing or has increased the existing rate of insurance and shall pay to Landlord any and all increases in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectinsurance premiums resulting from such breach. Tenant shall not do commit or permit allow to be done anything committed any waste upon the Premises, or any public or private nuisance or other act or thing which will invalidate or increase disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building. If any of Tenant's office machines or equipment unreasonably disturb any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the Project and/or their contents, noise or disturbance at its sole cost and shall comply with all applicable insurance underwriters rulesexpense. Tenant shall comply at its expense with all present not, without Landlord's prior consent except as outlined and future lawsspecifically agreed to within this Lease, ordinances and requirements of all governmental authorities that pertain install any equipment, machine, device, tank or vessel which is subject to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing permitting requirement. Tenant, at its expense, shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements governing the installation, operation and removal of any such equipment, machine, device, tank or vessel. Tenant agrees that it Tenant, at its expense, shall promptly complete comply with all applicable laws, statutes, ordinances, governmental rules, regulations or requirements, and deliver the applicable provisions of any recorded documents now existing or hereafter in effect relating to Landlord any disclosure form regarding hazardous its use, operation or toxic materials that occupancy of the Premises and shall observe such reasonable rules and regulations as may be required adopted and made available to Tenant by any governmental agency. Tenant shall also, Landlord from time to time upon request by Landlordfor the safety, execute such affidavits concerning Tenant’s best knowledge care and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition cleanliness of the Premises or the Building and for the preservation of good order therein. The current rules and regulations for the Building are attached hereto as Exhibit F. Without limiting the foregoing, --------- Tenant agrees to be wholly responsible at Tenant’s compliance with this Section. As part 's sole cost and expense for any accommodations or alterations which need to be made to the interior of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each provisions of the “Indemnified Parties” Americans With Disabilities Act of 1990, as amended. Landlord shall be wholly responsible at Landlord's sole cost and expense (as defined subject to reimbursement pursuant to and in accordance with the terms of Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination 3.2 of this Lease, if applicable) for any accommodations or alterations which need to be made to the exterior of the Premises and/or the Project to comply with the provisions of the Americans with Disabilities Act of 1990, as amended, and the Texas Accessibility Standards, except for any accommodations or alterations required by Tenant's Work (as that term is defined in Exhibit E) or Tenant's particular use of the Premises. Notwithstanding the --------- foregoing, Landlord shall be responsible, at its sole cost and expense (not subject to any reimbursement hereunder), for the completion of the Building in compliance with all applicable laws, ordinances, rules and regulations.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Use. Tenant shall use the Premises only for general office purposes consistent with the purposes stated in Item 3 character of the Basic Lease ProvisionsBuilding as a first-class office building and shall not use or permit the Premises to be used for any other purpose without Landlord’s prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material give Tenant any exclusive right to such use in the Project. Nothing contained herein shall be deemed to give Tenant any right to use any portion of the Building or the Project for parking for Tenant or Tenant’s employees, visitors or invitees. 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 irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant’s failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.objectionable
Appears in 1 contract
Use. Tenant shall To use and occupy the Premises only solely for the purposes stated Permitted Uses and --- for no other use or purpose. Not to use or occupy the Premises for any unlawful purpose or in Item 3 any manner that will be inconsistent with any certificate of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed occupancy applicable from time to cause material and irreparable harm time to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of the Building or any agency part thereof, or bureau that will constitute waste or nuisance. Without limitation of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsforegoing, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do injure or deface the Premises (i.e., beyond reasonable wear and tear) or the Property, nor keep in the Premises any inflammable fluids or chemicals except for customary cleaning and office supplies and those fluids or chemicals enumerated on the list attached hereto as Exhibit D (but only in such quantities as comply with law), or permit anything to be done in or about the --------- emission from the Premises which will of any objectionable noise or odor; nor dump, flush, or in any way interfere introduce any hazardous substances (defined below) or any other toxic substances (defined below) into the sewage or other waste disposal system serving the Premises or the Building; nor generate, store, use or dispose of hazardous or toxic substances in or on the Premises or the Building (other than the storage, use and disposal, all in accordance with legal requirements applicable thereto, of any of the aforesaid which constitute consumer products or are otherwise typically so stored, used and disposed of by tenants of other office buildings in connection with office purposes and then only those types and quantities permitted under Landlord's policies of insurance); nor use or devote the Premises or any part thereof for any use thereof which is inconsistent with the rights or quiet enjoyment of other occupants quality, maintenance, use and occupancy of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor use which is in violation of law or liable to invalidate or prevent Landlord from obtaining any insurance customarily carried by landlords of buildings of the type and character of the Building (or liable to materially increase the premiums therefor) on the Building. "Hazardous substances" and -------------------- "toxic substances" as used herein shall Tenant permit any nuisance or commit any waste have the same meanings as defined and ---------------- used in the Premises or Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (S)9061 et seq.; in the ProjectHazardous Material -- --- Transportation Act, 49 U.S.C. (S)1802; in the Toxic Substances Act, 15 U.S.C. (S)2601 et seq.; in the Resource Conservation and Recovery Act, as amended, 42 -- --- U.S.C. (S)6921 et seq.; in the Massachusetts Hazardous Waste Management Act, as -- --- amended; in Massachusetts General Laws Chapter 21; in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended; in the regulations adopted and publications promulgated pursuant to said Acts; and in any other applicable laws, rules, regulations and orders. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall To comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances (including zoning ordinances and requirements land use requirements), regulations, and orders of all governmental public or quasi-public authorities that pertain to Tenant or its use of having jurisdiction over the PremisesProperty concerning the use, including without limitation all federal occupancy and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance all machinery, equipment and furnishings therein and provide Landlord with this Section. As part a copy of any notice Tenant receives of lack of such assessmentcompliance and with any notice alleging violation given by any governmental authority. It is expressly understood that if any present or future law, Landlord shall have ordinance, regulation or order requires an occupancy, use or other permit for Tenant's particular use and occupancy of the rightPremises, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries obtain and providing relevant documentation maintain such permit at Tenant's own expense and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant will promptly provide copies to Landlord if of all such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasepermits so obtained.
Appears in 1 contract
Samples: Peritus Software Services Inc
Use. Tenant shall occupy and use the Premises only for the purposes stated Permitted Use in Item 3 compliance with all Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Basic Lease ProvisionsPremises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The parties agree that any contrary population density within the Premises as a whole shall at no time exceed what is permitted by applicable Laws. Tenant may use shall be deemed the Premises after Normal Business Hours. Notwithstanding anything in this Lease to cause material and irreparable harm to the contrary, as between Landlord and Tenant, (a) Tenant shall entitle bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (b) Landlord shall at its cost (subject to injunctive relief reimbursement permitted by Section 4), promptly cause the Project (other than tenant occupied areas of the Building) to comply with Laws in addition the event Tenant identifies any such non-compliance to any Landlord, other available remedy. The uses prohibited under this Lease shall include, without limitation, than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a portion thereof for (i) offices result of any agency alterations or bureau additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Notwithstanding anything in this Lease to the contrary, any remedial work performed pursuant to the immediately preceding sentence shall not be considered a Controllable Operating Cost. Any inspections required to be performed to determine compliance with the Disabilities Acts, whether as a result of the United States Work or any state alterations or political subdivision thereof; (ii) offices additions made by or agencies on behalf of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsa Tenant Party, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsmust be performed by Landlord's accessibility consultant. Tenant The Premises shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposeuse which is disreputable, nor creates extraordinary fire hazards, or results in an increased rate of insurance on the Building or its contents and is not a Permitted Use, or for the storage of any Hazardous Materials (other than typical office supplies [e.g., photocopier toner] and then only in compliance with all Laws). If, because of a Tenant Party's acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, and such situation causing the increased costs is not remedied within 30 days following Landlord's notice to Tenant of such increased costs, then Tenant shall pay to Landlord the amount of such increase the next date for payment of Basic Rent that is at least 30 days after receipt of Landlord’s invoice. Tenant permit shall conduct its business and use reasonable efforts to control each other Tenant Party so as not to create any nuisance or commit any waste unreasonably interfere with other tenants or Landlord in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost its management of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Use. Tenant agrees that it shall occupy and use the Premises only as non‑governmental business offices and/or other ancillary office uses in a first class manner, as permitted by law and consistent with Comparable Buildings in the Submarket, and for no other purposes. Tenant shall, at its own cost and expense, comply with all federal, state and municipal laws, ordinances, codes, rules, regulations and other governmental requirements (herein collectively, "Laws") issued by any governmental authority (subject, however, to the purposes stated in Item 3 terms of Section 11.A. below regarding certain structural alterations or capital improvements, the making of which shall not be Tenant's responsibility under the terms of this Lease) and all applicable insurance underwriters regulations and requirements, the REA, and all other covenants, conditions and restrictions of record, all to the extent such Laws and such insurance regulations and requirements and such recorded instruments relate to the condition, use or occupancy of the Basic Lease ProvisionsPremises. The parties agree that Tenant shall not make or permit 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the ProjectBuilding, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything in or upon the Premises or the Building, or bring or keep anything in the Premises or the Building, which will is forbidden by any of the foregoing or which may be dangerous to persons or property, or which, to Tenant's knowledge, may invalidate or increase the cost rate of any insurance policy(ies) covering on the Building, its appurtenances, contents or operations, or which would create or continue a nuisance or which is contrary to or prohibited by the Project and/or their contentsterms and conditions of this Lease. At no time shall Tenant permit occupancy levels within the Premises to exceed applicable occupancy standards set forth in Section 13-56., and shall comply with all applicable insurance underwriters ruleset al. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesChicago Municipal Code or any other applicable requirements under applicable Laws; provided, including without limitation all federal and state occupational health and safety and handicap access requirementshowever, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) that if occupancy levels in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed exceed one person to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. every (130) Rentable Square Feet on an open floor basis, then Tenant shall alsobe responsible for all additional costs and expenses, from time if any, required to time upon request by Landlordaccommodate such excess density (including, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s without limitation, compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined terms set forth in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant8.D. below (i.e., its agentsregarding supplementary air conditioning units and/or other required actions), employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseas applicable).
Appears in 1 contract
Samples: Office Lease (Vivid Seats Inc.)
Use. Tenant shall occupy and use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, Permitted Use and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present Laws relating to this Lease and/or the use, condition, access to, and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the PremisesPremises and will not commit waste, including without limitation all federal and state occupational health and safety and handicap access requirements, whether overload the Building's Structure or not Tenant’s compliance will necessitate expenditures the Building's Systems or interfere with its subject the Premises to use and enjoyment of that would damage the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant, (a) Tenant shall not generatebear the risk of complying with Title III of the Americans With Disabilities Act of 1990, handleany state laws governing handicapped access or architectural barriers, store or dispose of hazardous or toxic materials (and all rules, regulations, and guidelines promulgated under such laws, as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, amended from time to time upon request by Landlord(the "Disabilities Acts") within the Premises, execute such affidavits concerning Tenant’s best knowledge and belief regarding (b) Landlord shall bear the presence risk of hazardous or toxic materials complying with the Disabilities Acts in the Premises. Landlord shall have the right at any time to perform an assessment common areas of the environmental condition Building, other than compliance that is necessitated by the use of the Premises and of Tenant’s compliance with this Section. As part for other than the Permitted Use or as a result of any alterations or additions, including any tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or results in an increased rate of insurance on the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 27 hereto). Outside storage, including storage of trucks or other vehicles, is prohibited without Landlord's prior written consent. If, because of a Tenant Party's acts or because Tenant vacates the Premises, the rate of insurance on the Building or its contents increases, then such assessmentacts shall be an Event of Default, Tenant shall pay to Landlord the amount of such increase on demand, and acceptance of such payment shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenantnot waive any of Landlord's other rights. Tenant will cooperate shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants (if any) or Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost its management of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.
Appears in 1 contract
Samples: Lease Agreement (Luvu Brands, Inc.)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord’s inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant’s permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant’s noncompliance. In As used in this Section 5.1, the term “permit” shall be deemed to mean “knowingly permit” in connection with anything that Tenant permits to be done on or about the Premises or the Project. Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant’s obligation for compliance with all events 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), then Tenant shall indemnify each only be responsible for the amortized cost of such 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 such obligation for capital improvements is required due to Tenant’s particular use of the “Indemnified Parties” Premises (as defined in Section 10.3) in which case Tenant shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licenseeseach capital investment). The foregoing covenants shall survive Subject to the expiration or earlier termination express provisions of this Lease, Tenant shall have full access to and use of the Premises twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year.
Appears in 1 contract
Samples: Lease (Micro Therapeutics Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about ox xxxxt the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable May 5, 2005 701423328v1 insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises and Common Areas only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectSite. Tenant shall not do perform any work or permit to be done anything which will invalidate or increase conduct any business whatsoever in the cost of any insurance policy(ies) covering Site other than inside the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesPremises. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in promptly upon demand reimburse Landlord for any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use additional insurance premium charged by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Samples: Lease (Micrus Corp)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of office, sales and R&D and related uses necessary for the Basic Lease Provisions. The parties agree that use of Tenant or any contrary use shall be deemed approved assignee or subtenant to cause material conduct its business providing any and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The all uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof shall be subject to and in conformance with all governmental laws and ordinances and for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or no other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents without the prior written consent of Landlord, and provided Tenant bears any cost related to such increased rate, or will cause a cancellation of any insurance covering the Premises 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 which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of . No sale by auction shall be permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the 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 stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. 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; provided . 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, reasonable attorneys’ fees, or liability arising out of failure of Tenant to comply with any applicable law that governs Tenant use of the foregoing Premises. Tenant shall comply with any covenant, condition or restriction (“CC&R’s”) affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence occupant of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Use. Tenant a. In no event shall Lessee use or permit the use of the Premises only for any purpose other than general office use and other related legal uses incidental thereto. Lessor and Lessee hereby acknowledge and agree that the purposes stated foregoing use restriction is an absolute prohibition against a change in Item 3 use of the Basic Lease ProvisionsPremises m contemplated under California Civil Code Section 1997.230. The parties agree Lessee shall not do or permit to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or the Project or any of its contents, or cause cancellation of any insurance policy covering the Building or the Project or any part thereof or any of its contents. Lessee shall not, without prior consent of Lessor, bring into the Building or the Premises or use or incorporate in the Premises any apparatus, equipment or supplies that may cause substantial noise, odor, or vibration or overload the Premises or the Building or any contrary of its utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof. Lessee and Lessee’s Agents shall not use, store, or dispose of any “Hazardous Materials” (defined below) on any portion of the Project. Without limiting the generality of the foregoing, Lessee shall not (either with or without negligence) cause or permit the escape, disposal, release or discharge of any Hazardous Materials in, on or below the Premises or any other portion of the Project. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release or other use of Hazardous Materials at the Premises during the Term of this Lease, then the reasonable costs thereof shall be deemed reimbursed by Lessee to cause material Lessor upon demand as additional rent. In addition, Lessee shall execute such affidavits, representations and irreparable harm certifications as may be reasonably required by Lessor from time to Landlord time concerning Lessee’s best knowledge and belief regarding the presence of Hazardous Materials at the Premises. Lessee shall entitle Landlord indemnify, defend with counsel acceptable to injunctive relief in addition to Lessor, and hold Lessor and Lessor’s employees, agents, partners, officers, directors and shareholders harmless from and against any other available remedy. The uses prohibited under this Lease shall includeand all claims, actions, suits, proceedings, orders, judgment, losses, costs, damages, liabilities, penalties, or expenses (including, without limitation, use attorneys’ fees) arising in connection with the breach of the Premises or a portion thereof for (i) offices of obligations described in any agency or bureau of the United States previous four sentences and the obligations of Lessee pursuant hereto and under the previous four sentences shall survive the Lease Termination. As used in this paragraph, “Hazardous Materials” means any chemical, substance or material which has been determined or is hereafter determined by any federal, state, or local governmental authority to be capable of posing risk of injury to health or safety, including, without limitation, petroleum, asbestos, polychlorinated biphenyls, radioactive materials, radon gas, and/or biologically and/or chemically active materials. Without limiting the generality of the foregoing, the definition of “Hazardous Materials” shall include those definitions found in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., the Hazardous Materials Transportation Authorization Act, 49 U.S.C. §§ 5101 et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Clean Air Act, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., Division 20 of the California Health and Safety Code commencing at Section 24000, Division 7 of the California Water Code commencing at Section 13000, each as amended from time to time, and all similar federal, state and local statutes and ordinances and all rules, regulations or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspolicies promulgated thereunder. Tenant Lessee shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Project or injure them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant Lessee cause, maintain or permit any nuisance in, on or about the Premises. Lessee shall not commit or suffer to be committed any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of upon the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Splunk Inc)
Use. Tenant The Premises and Tenant’s Outside Areas shall use the Premises only be used for the Permitted Uses and for no other purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationswhatsoever. Tenant shall not do or permit anything any party under its control to be done do in or about the Premises or Tenant’s Outside Area anything which is prohibited by law, statute, ordinance or other governmental rule or regulation now in force or which may hereafter be enacted or which will in any way obstruct or interfere with the rights or quiet enjoyment of other occupants tenants in the Building. Tenant will not allow any signs, cards or placards to be posted, or placed within the Premises such that they are visible outside of the Building or the Project, or use or allow the Premises to be used except as specifically provided for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectthis Lease. Tenant shall not do conduct or permit give notice of any auction, liquidation, or going out of business sale in the Premises. Tenant shall, at its sole cost and expense, upon written notice from Landlord, immediately discontinue any use of the Premises or Tenant’s Outside Areas which is declared by any governmental authority having jurisdiction to be done anything which will invalidate a violation of law or increase of the cost certificate of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesoccupancy. Tenant shall comply promptly comply, at its expense sole cost and expense, with all present and future laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of all governmental authorities that pertain to Tenant's Permitted Uses or occupancy of the Premises or use of the Tenant’s Outside Area, impose any duty upon Tenant or its Landlord with respect to Tenant's Permitted Uses or occupation. Notwithstanding anything to the contrary herein, Tenant shall not have any obligation with respect to, and Landlord, at Landlord's sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended ("ADA"), unless such compliance is necessitated solely due to Tenant’s particular use of the Premises, including without limitation upon which Tenant, at Tenant’s sole cost and expense, shall perform, any alterations required to bring the Premises into compliance with all federal such laws. In no event shall Tenant be required to bring any portion of the Property outside of the Premises into compliance with laws unless the same is required by the alterations described on Tenant’s Development Permit or the Tenant Improvements (as opposed to the mere installation of alterations, generally) (collectively, a “Tenant Code Compliance Obligation”). For clarity, if the Property is in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of the undertaking of Tenant Improvements will be a Tenant Code Compliance Obligation, and state occupational health and safety and handicap access requirementsif the Property is not in compliance with all applicable laws in the absence of any contemplated Tenant Improvements, any such future compliance required as a result of such non-compliance will be a Landlord obligation. The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not Tenant’s compliance will necessitate expenditures not, that Tenant has violated any such law, statute, ordinance, or interfere with its governmental regulation, rule or requirement in the use and enjoyment or occupancy of the Premises. Tenant shall not generate, handle, store Building or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing Property shall be reimbursed by Tenant to conclusive of that fact as between Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by and Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Amprius Technologies, Inc.)
Use. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree general office, research and development and storage uses necessary for Tenant to conduct Tenant’s business, provided that any contrary use such approved uses shall be deemed in accordance with all current and future applicable governmental laws and ordinances and zoning restrictions, and for no other purpose. Notwithstanding anything to cause material and irreparable harm to Landlord and the contrary herein, in no event shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use or all of the Premises be allowed, authorized and/or used for daycare and/or any other child care purpose and] Tenant shall not do or permit to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the Premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a portion thereof for (i) offices cancellation of any agency or bureau of insurance covering the United States Premises or any state part thereof, or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsits contents. Tenant shall not do or permit anything to be done in anything in, on or about the Premises which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of . No sale by auction shall be permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the Building, or toxic overload electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the Building in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. 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; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsonot commit or suffer to be committed any waste in or upon the Premises. Tenant shall indemnify, from time defend and hold Landlord harmless against any loss, expense, damage, reasonable attorneys’ fees, or liability arising out of failure of Tenant to time upon request by Landlordcomply with any applicable law for which Tenant is obligated to comply under the terms of this Lease. Tenant shall comply with any covenant, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous condition, or toxic materials in restriction (“CC&R’s”) affecting the Premises. Landlord has provided a copy of said CC&R’s to Tenant. In the event the CC&R’s are subsequently amended, (i) said CC&R’s shall have be applicable to all tenants within the right at any time to perform an assessment of the environmental condition of the Premises Building and of (ii) said CC&R’s shall not reduce Tenant’s compliance with this Section. As part of any such assessmentrights or increase said rights, in a material respect, Landlord shall have provide a copy of the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption amended CC&R’s to Tenant. Tenant will cooperate with The provisions of this Paragraph are for the benefit of Landlord in connection with only and shall not be construed to be for the benefit of any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost tenant or occupant of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used and occupied only for the purposes stated uses set out in Item 3 of the Basic Lease ProvisionsInformation and for no other purpose without prior written approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. 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. The uses prohibited under this Lease shall include, without limitation, In connection with its use of the Premises or a portion thereof for (i) offices and after commencement of the Lease, Tenant shall, at Tenant's expense, comply with all applicable laws, ordinances, and regulations of any agency or bureau public authority, including, but not limited to, those requiring alterations of the United States Premises because of Tenant's specific use; shall create no nuisance nor allow any objectionable liquid, odor, or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsnoise to be emitted from the Premises, temporary employment agencies shall store no gasoline or other training facilities highly combustible materials on the Premises which are not ancillary to corporatewould violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rates for the Premises, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such unless Tenant pays the increased cost thereof. Landlord hereby confirms that Tenant's use as radio and/or television stationsdescribed in this Lease conforms with all rules and regulations. Tenant shall not do store, use or permit anything deposit, or cause to be done in stored, used or about deposited, on the Premises which will or anywhere in the Building, any way interfere environmentally hazardous or potentially environmental hazardous materials or substance, except those ordinarily used in offices, and in accordance with all applicable laws, rules, regulations, etc., and shall not overload the rights floors or quiet enjoyment electrical circuits of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of approve, such approval not to be unreasonably withheld, delayed or conditioned, the environmental condition of the Premises and of Tenant’s compliance with this Section. As part installation of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed power-driven machinery by Tenant and may select a qualified electrician whose opinion will control regarding electrical installations, an architect or engineer whose opinion will control regarding floor loads, and a certified industrial hygienist to Landlord if such assessment/testing determines that Tenant failed evaluate materials to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) be used or stored in the manner elsewhere provided in this Lease from any release of hazardous Building or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive on the expiration or earlier termination of this LeasePremises.
Appears in 1 contract
Samples: Industrial Lease (Convera Corp)
Use. Tenant and its Affiliates, employees, subtenants and licensees shall have the right to use the Premises only for the purposes stated in Item 3 any or all of the Basic Lease ProvisionsPermitted Uses. The parties agree that any contrary Tenant may not 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises for any purpose other than the Permitted Uses, unless Tenant obtains Landlord’s prior written consent, which consent shall not be unreasonably withheld, qualified or a portion thereof for delayed. Tenant shall conduct its operations and activities on the Premises in material compliance with all Applicable Laws; provided, (i) offices Tenant shall have the right to contest the enforcement or attempted enforcement of any agency or bureau of the United States or any state or political subdivision thereof; Applicable Law, in good faith and with due diligence, (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe have defaulted under this Lease as a result of its failure to comply with any Applicable Law until a final and unappealable court order against Tenant has been entered enforcing the use by Tenant same and the period of customary office supplies in normal quantities so long as such use comports time reasonably necessary to effect compliance therewith has passed, and (iii) Landlord shall be responsible for causing Landlord’s Work to comply with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agencyApplicable Laws. Tenant shall alsocause its Alterations (if any) to comply with Applicable Laws. Tenant shall indemnify, defend and hold harmless Landlord from time to time upon request 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 Landlord, execute such affidavits concerning Tenant’s best knowledge failure to conduct its operations and belief regarding activities at the presence of hazardous or toxic materials Premises in the Premisescompliance with Applicable Laws. Landlord Tenant shall have the right to discontinue its operations in the Premises, in whole or in part, at any time Tenant determines appropriate, in its sole and absolute discretion. Nothing contained in this Lease shall be deemed to perform an assessment of require Tenant to use or occupy the environmental condition Premises, and Tenant’s vacation of the Premises and of or failure to use or occupy the Premises shall not constitute a default hereunder. Notwithstanding Tenant’s compliance with this Section. As part of any such assessmentelection to discontinue its operations at the Premises, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of not cancel electric or water service to the “Indemnified Parties” Premises, Tenant shall keep the parking lights operational in accordance with its prior practices at the Premises, and Tenant shall cause the Building to be heated and cooled to the extent necessary to prevent material damage thereto (as defined in Section 10.3) in excluding ordinary wear and tear and subject to disruptions outside Tenant’s reasonable control or resulting from Landlord’s failure to satisfy its obligations hereunder), until the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLease or Xxxxxx’s right to possession of the Premises.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term after reasonable advance notice, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Use. Tenant shall use the Premises only for Escrow offices or other office use consistent with other Class "A" office use within Xxxx Center Newport and shall not use or permit the purposes stated in Item 3 Premises to be used for any other purpose without the prior written consent of the Basic Lease ProvisionsLandlord. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material 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 irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States nature of Tenants 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the Pacific Fire Rating Bureau or political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenants failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 rights or quiet enjoyment of other tenants or occupants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generate, handle, store commit or dispose of hazardous suffer to be committed any waste in or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.the
Appears in 1 contract
Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 --- general office and commercial bank branch use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the "Permitted Use") and shall entitle Landlord comply, at Tenant's expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord "Hazardous Material" means any disclosure form regarding hazardous hazardous, explosive, radioactive, or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency, including, without limitation, any material or substance which is (i) defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," "pollutant" or "contaminant" under any Regulation, (ii) a flammable explosive, (iii) radioactive material, (iv) a polychlorinated biphenyl, (v) asbestos or asbestos containing material, or (vi) a carcinogen. Notwithstanding the foregoing, Tenant shall alsohave no obligation to pay any cost or expense related to clean-up of Hazardous Waste, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding unless the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials Hazardous Waste was caused by the act or omission of Tenant or Tenant, its 's agents, employeesrepresentatives, contractorscustomers, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseinvitees.
Appears in 1 contract
Samples: Office Lease (Business Bancorp /Ca/)
Use. Tenant shall use and occupy the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Permitted Use only, and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includenot injure or deface the Premises, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, Site nor shall Tenant permit any nuisance or commit any waste in the Premises or on the Project. Tenant shall not do Site any auction sale, vending machine, or inflammable fluids or chemicals, or nuisance, or the emission from the Premises of any objectionable noise or odor, nor permit to be done in the Premises anything which will would in any way result in the leakage of fluid or the growth mold, nor use or devote the Premises or any part thereof for any purpose other than the Pem1itted Uses, nor permit any use thereof which is inconsistent with the maintenance of the Building as an office building of the first class in the quality of its maintenance, use and occupancy, or which is improper, offensive, contrary to law or ordinance or liable to invalidate or increase the cost of premiums for any insurance policy(ies) covering on the Building or its contents or liable to render necessary any alteration or addition to the Building, the Project and/or their contents, and shall comply with . If Tenant abandons or vacates all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition portion of the Premises and for a period of Tenant’s compliance with this Section. As part of any such assessmentin excess ofone hundred eighty (180) days, Landlord shall have the right, upon reasonable on not less than ten (IO) days' prior written notice thereof to Tenant, to enter and inspect into the Premises and inorder to perform tests, provided those tests are performed tum the lights on in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost the vacated portion(s) of the assessment/testing Premises at the same level as if the Premises were fully occupied, and Tenant shall pay for all electricity charges related thereto. Vacancy or abandonment shall not he deemed to be reimbursed an Everit of Default by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionhereunder. In all events Further, (i) Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenantnot, nor shall Tenant permit its employees, invitees, agents, employeesindependent contractors, contractors, assignees or subtenants to, keep, maintain, store or licenseesdispose of (into the sewage or waste disposal system or otherwise) or engage in any activity which might produce or generate any substance which is or may hereafter be classified as a hazardous material, waste or substance (collectively "Hazardous Materials"), under federal, state or local laws, rules and regulations, including, without limitation, 42 U.S.C. Section 6901 et seq., 42 U.S.C. Section 9601 et seq., 42U.S.C. Section 2601 et seq., 49 U.S.C. Section 1802 et seq. The foregoing covenants shall survive and Massachusetts General Laws, Chapter 21E and the expiration or earlier termination rules and regulations promulgated under any of this Lease.the foregoing, as such laws, rules and regulations may be amended from time to time (collectively "Hazardous Materials Laws") (other than de minimus amounts of office supplies and cleaning supplies used in the normal course of Tenant's Permitted Use of the Premises, and in any event used and stored and disposed of in accordance with all applicable laws),
Appears in 1 contract
Samples: Agreement of Sublease (Care.com Inc)
Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 purpose of the Basic Lease Provisionsgeneral offices and/or receiving, storing, shipping materials and light manufacturing of products and merchandise made and/or distributed by Tenant. 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. The uses prohibited under this Lease shall includeOutside storage including, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsdrop shipments, temporary employment agencies or dock storage, trucks and other training facilities which are not ancillary to corporatevehicles, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsis prohibited without Landlord's prior written consent. Tenant shall not do or permit anything to be done in or about the Premises which will in obtain, at Tenant's sole cost and expense, any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or and all licenses and permits necessary for Tenant's contemplated use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall comply with all existing and future governmental laws, ordinances and regulations applicable to the use of the Premises, as well as all requirements of Landlord's insurance carrier. Tenant shall not generatepermit any objectionable or unpleasant odors, handlesmoke, dust, gas, noise or vibrations to emanate from the Premises, nor take any other action which would constitute a nuisance or which would disturb or endanger any third-party tenants of the Property, or unreasonably interfere with such third-party tenants' use of their respective space. Tenant shall not receive, store or dispose otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant shall comply with all statutes, ordinances, rules, codes, regulations and requirements of any federal, state, municipal or other governmental or quasi-governmental authority with respect to any hazardous or toxic materials wastes (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, term is defined from time to time upon request by Landlordany governmental or regulatory authority) which are stored, execute such affidavits concerning Tenant’s best knowledge produced, manufactured, treated, or disposed of by Tenant within the Premises; and belief regarding Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all liabilities or claims by reason of any injury to persons or damage to property arising out of the presence discharge, disbursement, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hazardous wastes, liquid or toxic gasses, waste materials in or other irritants, contaminants or pollutants into or about the Premises or Property, which originate from any products stored, produced, manufactured, treated, or disposed of by Tenant within the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises The aforesaid indemnification and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants defenses shall survive the expiration or earlier termination term of this Lease.
Appears in 1 contract
Samples: Aradigm Corp
Use. Tenant shall use and occupy the Premises only for the purposes stated use set forth in Item 3 Section 1I of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Provisions and shall entitle Landlord not use or occupy the Premises or permit the same to injunctive relief in addition to be used or occupied for any other available remedypurpose without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, and Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infringe upon the rights of other tenants or occupants in the Project. The uses prohibited under this Lease shall includeTenant shall, without limitationat its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting (i) the condition, use or occupancy of the Premises or a portion thereof for the Project (i) offices of any agency or bureau excluding structural changes to the Project not related to Tenant's particular use of the United States or any state or political subdivision thereof; Premises), and/or (ii) offices improvements installed or agencies constructed in the Premises by or for the benefit of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsTenant. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment more than six (6) people per one thousand (1,000) rentable square feet of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in occupy the Premises or the Projectat any time. Tenant shall not do or permit to be done anything which will would invalidate or increase the cost of any insurance policy(ies) policy covering the Building, the Project and/or their contents, the property located therein and Tenant shall comply with all applicable rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters rulesunderwriters, and Tenant shall promptly upon demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant's failure to comply with the provisions of this Section 7. Tenant shall comply at its expense with all present Landlord's reasonable sustainability practices and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its shall not permit any use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment Premises which may affect the continued certification of the Premises. Tenant shall not generate, handle, store Project issued pursuant to the LEED rating system (or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all other applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecertification standard).
Appears in 1 contract
Use. Tenant shall use the Premises only for general office use (including a loan office) consistent with the purposes stated in Item 3 character of a first class office building and shall not use or permit the Basic Lease ProvisionsPremises to be used for any other purpose without Landlord's prior written consent. The parties agree that any contrary use Nothing contained herein shall be deemed to cause material 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 irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to shall, upon written notice from Landlord, discontinue any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or a portion thereof for (i) offices of said certificate of occupancy. Tenant shall comply with any direction of any agency or bureau governmental authority having jurisdiction which shall, by reason of the United States 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. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any fire, extended coverage or any state other insurance 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 political subdivision thereof; (ii) offices or agencies 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 any foreign governmental or political subdivision thereof; (iii) offices Tenant's failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis 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 rights or quiet enjoyment of other tenants or occupants of the Building Project, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Tenant acknowledges that Landlord has recorded covenants, handleconditions and restrictions against the Premises on February 18, store or dispose 1987 as Instrument Number 87/046032 in the Official Records of hazardous or toxic materials Alameda County, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions of Xxxx Center Pleasanton on October 5, 1993 as Instrument Number 93366552, as further amended by that certain Second Amendment to Declaration of Easement and Maintenance Agreement on July 31, 1997 as Instrument Number 97191415, as further amended by that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions on November 17, 2000 as Instrument Number 2000341937, as further amended by that certain Fourth Amendment to Declaration of Covenants, Conditions and Restrictions on August 17, 2000 as Instrument Number 2000341939 (as such materials amended, the "CC&Rs"). Landlord represents that the CC&Rs do not prohibit the use of the Premises for use as general office space. Tenant's use of the Premises shall be subject to and Tenant shall comply with the CC&Rs, as the same may be identified in any federalamended from time to time, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with and all applicable lawsApplicable Laws. Tenant agrees acknowledges that it shall promptly complete there have been and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlordrecorded easements and/or declarations granting or declaring easements for parking, execute such affidavits concerning Tenant’s best knowledge utilities, fire or emergency access, and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.other
Appears in 1 contract
Use. Section 4.1. Tenant shall use the Premises only in conformance with applicable governmental laws, regulations, rules and ordinances for the purposes stated in Item 3 purpose of the Basic Lease Provisions. The parties agree that any contrary general office use shall be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises or the Complex nor bring or keep or permit to be brought or kept in or about the Premises or the Complex 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 way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in about the Premises or the ProjectComplex. Tenant No sale by auction shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the buildings, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the buildings in which the Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the buildings proper where designated by Landlord. No materials, supplies, equipment, finished products or semi-finished products, raw materials or articles of any nature shall be stored upon or permitted to remain outside the Premises or on any portion of Common Areas of the Complex. No loudspeaker or other device, system or apparatus which can be heard outside the Premises shall be used in or at the Premises without the prior written consent of Landlord. 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 to comply with any applicable law. Tenant shall comply with any covenant, condition, or restriction ("CC&R") affecting the Premises as of the date of this Lease, as well as any future CC&R affecting the Premises; provided that the foregoing provided, however, Tenant shall not be deemed required to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees any future CC&R that it shall promptly complete materially and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning adversely interferes with Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials rights expressly set forth in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition this Lease and/or Tenant’s use of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have for the right, upon reasonable prior notice Permitted Use pursuant to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination terms of this Lease. The provisions of this Article 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. Subject to damage or casualty repairs and events beyond the control of Landlord, Tenant shall have access to the Premises during the demised term twenty-four (24) hours a day, seven (7) days a week.
Appears in 1 contract
Samples: Menlo Place Office (Versartis, Inc.)
Use. Tenant shall use the The Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used solely for any unlawful purpose, nor shall Tenant permit any nuisance the purpose of maintaining an office for use in connection with Tenant's business including its use as a conference and meeting center and for no other business or commit any waste in purpose without the Premises or the Projectprior written consent of Landlord. Tenant shall not do or permit to be done in or about the Premises anything which is illegal or unlawful; or which is of a hazardous or dangerous nature, or which is noxious or offensive to other tenants in the Premises or to Landlord, or which will invalidate or increase the cost rates of insurance carried by Landlord. Tenant shall not use any portion of the Premises for providing of any insurance policy(iesmedical or rehabilitation services or related similar services and the Premises shall be used solely as a business office. Tenant shall obtain all permits, licenses, certificates or other authorization and any renewals, extensions or continuances of the same required in connection with the lawful and proper use of the Premises except for a Certificate of Occupancy and shall pay when due all taxes upon its merchandise, stock, fixtures and equipment in the Premises. Neither a failure on the part of Tenant to procure such permit, license, certificate or other authorization, nor the revocation of the same, shall in any way affect the liability of Tenant for payment of rent herein reserved or the performance or observance of any of the covenants or conditions herein contained on Tenant's part to be performed and observed. Tenant shall (and shall cause its employees to) covering observe the Building, Rules and Regulations attached as Exhibit "A" or such other rules and regulations applicable to the Project and/or their contents, Premises as may be imposed by Landlord from time to time on a nondiscriminatory basis to all Tenants and Tenant shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present governmental laws; and future laws, ordinances and requirements of all governmental authorities that pertain regulations applicable to Tenant or its the use and occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. except that Tenant shall not generatebe required to install or pay for any improvement to the leased Premises that is required of the Building as a whole. Without limiting the generality of the foregoing, handle, store or dispose Tenant shall not display anything outside of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project nor operate any loud speakers without the prior specific written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (In House Rehab Corp)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their Building or its contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Subject to the provisions of Section 5.4 below, Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and reasonable future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Samples: Industrial Lease (Mai Systems Corp)
Use. a. The Premises shall be used and occupied by Tenant shall use the Premises for only for the purposes stated use described in Item 3 of and in accordance with the Basic Lease Provisions. The parties agree that any contrary use shall be deemed Information and Rules and Regulations attached to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof as Exhibit B and for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or no other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere conflict with any applicable laws, statutes, ordinances, rules, regulations, orders and requirements (collectively, “Applicable Laws”) now in force or which may hereafter be enacted. Tenant, at its sole cost and expense, shall promptly comply with all such present and future Applicable Laws relating to the rights condition, use or quiet enjoyment occupancy of the Premises, and shall perform all work to the Premises or other occupants portions of the Building required to effect such compliance (or, at Landlord’s reasonable election, Landlord may perform such work at Tenant’s cost). Notwithstanding the foregoing, however, Tenant shall not be required to perform any structural changes to the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises is located (the “Base Building”), unless such changes are related to or affected or triggered by (i) Tenant’s alterations, (ii) Tenant’s particular use of the Premises (as opposed to Tenant’s use of the Premises for general office purposes in a normal and customary manner), (iii) Tenant’s particular employees or employment practices, or (iv) the construction of initial improvements to the Premises by Tenant, if any. The judgment of any court of competent jurisdiction or the Projectadmission of Tenant in an action against Tenant, whether or not Landlord is a party thereto, that Tenant has violated any Applicable Laws shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately furnish Landlord with any notices received from any insurance company or governmental agency or inspection bureau regarding any unsafe or unlawful conditions within the Premises or the violation of any Applicable Laws. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance, or which unreasonably disturbs other tenants of the Building, nor shall Tenant, its employees, agents or invitees damage the Premises, the Building or related improvements, nor place or maintain any signs on or visible from the exterior of the Premises without Landlord’s written consent, which consent may be withheld in Landlord’s sole and absolute discretion, or use any corridors, sidewalks or allow other areas outside of the Premises for storage or any purpose other than access to the Premises. 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 for or kept on the Premises any unlawful purposefoul or noxious gas or substance, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, in and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirementseither in connection with activities hereunder expressly permitted or otherwise, whether which would cause an increase in premiums payable under, or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment a cancellation of, any policy of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use insurance maintained by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with the Premises or the Building or which would violate the terms of any assessment bycovenants, among other thingsconditions or restrictions affecting the Building or the land on which it is located. If any act or omission of Tenant results in any such increase in premium rates, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing Tenant shall be reimbursed by Tenant pay to Landlord if upon demand the amount of such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseincrease.
Appears in 1 contract
Samples: Office Lease (Life360, Inc.)
Use. Tenant The Premises shall use the Premises only be used solely for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease ProvisionsProvisions and for lawful purposes incidental thereto, all in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and the use and occupancy thereof (collectively, "LEGAL REQUIREMENTS"). The parties agree that Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or that is declared by any governmental authority having jurisdiction to be a portion thereof for violation of any Legal Requirement. Provided that Tenant has prior knowledge of the then current terms of Landlord's insurance coverage with respect to the Project, (i) offices 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 agency sprinkler or bureau of the United States or other credits, and Tenant, within 5 days' after Notice from Landlord, shall cause to be discontinued any state or political subdivision thereof; such use, and (ii) offices or agencies Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any insurance policy maintained by Landlord as a result of any foreign governmental or political subdivision thereof; (iii) offices Tenant's failure to comply with the provisions of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsthis Section. Tenant shall not do or permit anything to be done in or about will use the Premises which in a careful, safe and proper manner and will in any way not commit waste, overload the floor or structure of the Premises, subject the Premises to uses that would damage the Premises or obstruct or interfere with the rights of Landlord or quiet enjoyment other guests, invitees, licensees, or other authorized users of other occupants of the Building or the Project, including conducting or use giving notice of any auction, liquidation, or allow going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose, nor . Tenant shall Tenant permit cause any nuisance office equipment or commit any waste machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations therefrom from extending into Common Areas or other space in the Net Greenhouse Lease X.X. Xxxxxxxxx Ave., RTP/Paradigm Genetics, Inc.-Page 13 Project. Tenant shall not do place any equipment weighing 500 pounds or permit to be done anything which will invalidate more in or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in 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, without the prior written consent of Landlord, shall not 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 and 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, that are required by Legal Requirements (including, without limitation, compliance of the Premises with the Americans With Disabilities Act, 42 U.S.C. (S) 12101, et seq. (together with regulations promulgated pursuant thereto, "ADA")) related to Tenant's use or occupancy of the Premises, provided that the foregoing obligation shall not be deemed apply to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports extent any non-compliance with all applicable lawsLegal Requirements is due to a Construction Defect. Tenant agrees that it shall promptly complete and deliver Notwithstanding any other provision herein to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. the contrary, Tenant shall alsobe 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, Legal Fees) (collectively, "CLAIMS") arising out of or in connection with Legal Requirements and Tenant shall indemnify, defend, hold and save Landlord harmless from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence against any and all Claims arising out of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost failure of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed Premises to comply with any Legal Requirement, except to the requirements extent, and only to the extent, a Claim is attributable to a Construction Defect or to the gross negligence or willful misconduct of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLandlord.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 and requirements of all governmental authorities that pertain to Tenant Tenant's specific improvement or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises; conversely, should any such expenditure be required of any general office user of the Premises, then Landlord shall be responsible for making the necessary alterations of the Premises, subject to inclusion of the cost thereof in Operating Expenses. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s 's best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s 's compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) Landlord in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. Should any hazardous or toxic material be discovered in the Premises that was not introduced by Tenant, its employees, agents, contractors or subtenants, and should Landlord be legally required to remediate same, then Landlord shall be responsible for such remediation and shall indemnify Tenant against any liability in connection therewith. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Pimco Advisors Holdings Lp
Use. Tenant shall use and occupy the Premises only for the purposes stated Permitted Use set forth in Item 3 of the Basic Lease ProvisionsSection 1.01(e) hereof, and for no other purposes. The parties agree that any contrary Tenant shall not 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. The uses prohibited under this Lease shall include, without limitation, use of or permit the Premises or a any portion thereof to be used for (i) offices any purpose other than the Permitted Use or for any unlawful purpose or in any unlawful manner, and shall comply with all federal, state, and local governmental laws, ordinances, orders, rules and regulations applicable to the Premises, the Project, and the occupancy thereof and Tenant shall give prompt written notice to Landlord of any agency notification to Tenant of any claimed violation thereof. Tenant shall not do or bureau permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the United States Project or any state of its contents, or political subdivision thereof; (ii) offices or agencies cause cancellation of any foreign governmental insurance policy covering the Project or political subdivision thereof; (iii) offices any part thereof or any of its contents. In the event that, solely by reason of any health care professionals acts of Tenant or service organization; (iv) schoolsits conduct of business, temporary employment agencies there shall be any increase in the rate of insurance on the Building or other training facilities which are not ancillary its contents, Tenant hereby agrees to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms pay such as radio and/or television stationsincrease. Tenant shall not do or permit anything to be done in or about the Premises and/or Project which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Project or the Project, injure or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Projectannoy them. Tenant shall not do permit any nuisance in, on or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of about the Premises. Tenant shall not generatecommit or suffer to be committed any waste in or upon the Premises. Without limitation of the foregoing, handleTenant shall not, store without Landlord's prior written consent, use, store, install, spill, remove, release or dispose of hazardous of, within or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in about the Premises or Project without any other portion of the prior Project, any asbestos-containing materials or any solid, liquid or gaseous material now or hereafter considered toxic or hazardous under the provisions of 42 U.S.C. 9601, et seq., or any other applicable environmental law which may now or hereafter be in effect. If Landlord does give written consent of Landlord; provided that to Tenant pursuant to the foregoing sentence, Tenant shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports comply with all applicable laws. Tenant agrees that it shall promptly complete , rules and deliver regulations pertaining to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute and governing such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused use by Tenant, its agentsand shall remain liable for the costs of any clean up or removal required to be performed with respect to such asbestos-containing, employeestoxic or hazardous materials. Home Interiors & Gifts, contractorsInc. Granite Tower at The Centre, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.8/17/1999
Appears in 1 contract
Use. (a) Tenant shall use the Premises only for the purposes stated in Item 3 of Permitted Use. Tenant will not occupy or use the Basic Lease Provisions. The parties agree that Premises, or permit 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. The uses prohibited under this Lease shall include, without limitation, use portion of the Premises to be occupied or a portion thereof used, for (i) offices of any agency business or bureau of purpose other than the United States 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 which may be dangerous to life, limb or property, or keep any substance or carry on or permit any operation which might emit offensive odors from the Premises, or any state or political subdivision thereof; (ii) offices or agencies use which is extrahazardous on account of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsfire, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or nor permit anything to be done in or about the Premises which will in any way interfere with increase the rights rate of fire insurance on any building in the Project or quiet enjoyment their contents; and in the event that, by reason of other occupants acts of Tenant, there shall be any increase in rate of insurance on any building in the Building Project or the Project, their contents created by Tenant's acts or use or allow the Premises conduct of business then such acts of Tenant shall be deemed to be used for 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 unlawful purposeof 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 create any nuisance, nor shall Tenant permit any nuisance interfere with, annoy or commit any waste disturb other tenants or Landlord in the Premises or management of the Project. Tenant shall not do or permit to be done anything which will invalidate or increase maintain the cost of any insurance policy(ies) covering the BuildingPremises in a clean, the Project and/or their contents, healthful and shall safe condition and will comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances ordinances, order, rules and requirements of all governmental authorities that pertain regulations (state, federal, municipal and other agencies or bodies having any jurisdiction thereof) with reference to Tenant use, condition or its use occupancy of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premisesany Environmental Law. Tenant shall not generateindemnify and hold Landlord harmless from any and all costs, handleexpenses (including reasonable attorney's fees) claims and causes of action arising from Tenant's failure to comply with this Section. Tenant will not, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that , paint, install lighting or decoration, or install any signs, window or door lettering or advertising media of any type or window awning on or about the Premises or any part thereof. Should Landlord agree in writing to any of the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials items in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentpreceding sentence, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord maintain such permitted item in connection with any assessment bygood condition and repair at all times. Outside storage, among including but not limited to trucks or other thingsvehicles, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseis prohibited without Landlord's prior written consent.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purposes stated in Item 3 Permitted Use and for no other use or purpose. Tenant shall not commit, or permit to be committed by any Tenant Party, any conduct or condition which would constitute a nuisance or would disturb, endanger or otherwise unreasonably interfere with any occupants of the Basic Lease Provisions. 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. The uses prohibited Project (whether through odors, noise, vibrations or otherwise), the management of the Project or the performance of Landlord’s obligations under this Lease Lease. Tenant shall includenot use or permit any Tenant Party to use of any portion of the Property or the Project for outdoor storage or auction. Tenant will, without limitationat its sole cost, promptly comply with, and cause Tenant’s Parties to promptly comply with, all Applicable Laws now or subsequently pertaining to Tenant’s specific use or manner of use of the Premises or a portion thereof for to Alterations made by Tenant or to the acts or omissions of Tenant or any Tenant Party (i) offices of any agency or bureau other than mere use of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises for the Permitted Use). Tenant shall not do or permit anything to be done in or about use the Premises which will Building in any way interfere with the rights or quiet enjoyment of other occupants of manner that would cause the Building or the ProjectProperty to be deemed a “place of public accommodation” under the ADA. Tenant, at its sole cost, shall be responsible for obtaining any permit, license, or use or allow the Premises to be used for other approval required by any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste governmental agency permitting Tenant’s conduct of business in the Premises or Building, other than the ProjectC/O (as defined in the Work Letter), which shall be obtained by Landlord in accordance with the Work Letter. Tenant shall not do or permit If an Alteration to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Property or the Project and/or their contentsbecomes required under any Applicable Law (or if any such requirement is enforced) as a result of Tenant’s specific use or manner of use of the Premises or to Alterations made by Tenant or to the acts or omissions of Tenant or any Tenant Party (other than mere use of the Premises for the Permitted Use), then Tenant shall upon Landlord’s demand and shall comply with all applicable insurance underwriters rulesat Tenant’s option, either make such Alteration at Tenant’s sole cost or pay Landlord the cost of making such change within 30 days after being billed therefor. Tenant shall comply at its expense with all present the rules and future lawsregulations attached hereto as Exhibit C, ordinances together with such additional rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (regulations as such materials Landlord may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time reasonably prescribe upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable not less than 30 days’ prior notice to Tenant and any such additional rules and regulations shall not materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease (“Rules and Regulations”). Tenant shall have access to the Building, to enter and inspect the Premises and Exterior Areas 24 hours per day, 7 days per week, 365 days per year during the Term, except and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with the extent of an emergency or any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed required repair or maintenance activities required by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this SectionLease. In all events Tenant shall indemnify each the event of any conflict or inconsistency between the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in Rules and Regulations and this Lease, this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecontrol.
Appears in 1 contract
Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)
Use. Tenant TENANT shall use the Premises only PREMISES for the purposes stated in Item 3 Production of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Co-generation Equipment and irreparable harm to Landlord Stamped Metal Products Purposes and shall entitle Landlord not use or permit the PREMISES to injunctive relief in addition to be used for any other available remedypurpose without the prior written consent of LANDLORD. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant TENANT shall not do or permit anything to be done in or about the Premises PREMISES nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the PREMISES, the building complex, or any of its contents, or cause cancellation of any insurance policy covering said Complex or any part thereof, or any of its contents. TENANT shall not keep, maintain, place, or store any article of any nature, particularly refuse or garbage, in or about the exterior of the PREMISES. 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 rights or quiet enjoyment of other tenants or occupants of the Building Complex or the Project, injury or annoy them or use or allow the Premises PREMISES to be used for any unlawful improper, immoral, unlawful, or objectionable purpose, nor shall Tenant TENANT cause, maintain, or permit any nuisance in, or, or about the PREMISES. TENANT shall not commit or suffer to be committed any waste in or upon the Premises or the ProjectPREMISES. Tenant ________/_________ Version 31 Jan 2006 TENANT shall not use the PREMISES or permit anything to be done in or about the PREMISES which will, in any way, conflict with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. In the event that TENANT shall do or permit anything to be done anything which will invalidate or increase the cost in violation of any insurance policy(ies) covering the Buildingthese usage provisions, the Project and/or their contentsLANDLORD shall have, and shall comply with in addition to all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future lawsother remedies, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenantbut not the duty, to enter and inspect take reasonable steps to enforce compliance therewith and, should LANDLORD incur any cost or damages as a result of such violation, TENANT shall immediately pay the Premises and same to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseLANDLORD.
Appears in 1 contract
Samples: Chapeau Inc
Use. Tenant The Premises shall use the Premises be used only for the purpose of receiving, storing, --- shipping and selling products, materials and merchandise made on the Premises and/or distributed by Tenant and for such other lawful purposes stated in Item 3 of the Basic Lease Provisionsas may be incidental thereto. 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. The uses prohibited under this Lease shall includeOutside storage, including without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall at its own cost and expense obtain any and all other licenses and permits necessary for such use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to its specific use of the Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or a portion thereof for (i) offices of any agency upon, or bureau of connected with, the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises all at Tenant's sole expense. Tenant shall not do permit any objectionable or permit anything unpleasant odors, smoke, dust, gas, noise or vibrations to be done emanate from the Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building or buildings in or about which the Premises which will in any way are situated or unreasonably interfere with the rights their use of their respective premises. Without Landlord's prior written consent, Tenant shall not receive, store or quiet enjoyment of other occupants of the Building otherwise handle any product, material or the Project, merchandise which is explosive or use or allow highly flammable. Tenant will not permit the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous thank the risk associated with Tenant's stated use or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. Tenant shall not do use the Premises for the generation, storage, transportation or permit disposal of dangerous, toxic or hazardous materials, chemicals, wastes or similar substances. Without the prior consent of the Landlord, Tenant shall be entitled to use at the Premises cleaning supplies, toner for photocopying machines and other similar materials, in containers and ordinary use by Tenant in the routine operation or maintenance of Tenant's office equipment or in the routine janitorial service, cleaning and maintenance for the Premises. In addition, Landlord acknowledges that as part of the business Tenant will conduct at the Premises, a waste product known as solder flux is produced. Landlord hereby consents to the presence on the Premises of such product as part of Tenant's routine business provided that Tenant agrees that the storage, handling and disposal of such products shall be done anything which will invalidate in accordance with environmental laws. Landlord represents that Landlord has not treated, stored or increase the cost disposed of any insurance policy(ies) covering hazardous or toxic substances upon or within the BuildingPremises, nor, to the Project and/or their contentsbest of Landlord's actual knowledge, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use has any predecessor owner of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Use. The Premises shall be used and occupied by Tenant shall solely for general office purposes and for no other use or purpose whatsoever. Notwithstanding anything to the contrary in this Lease, in no event may the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or operated as a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsculinary school. Tenant shall not do or permit anything to be done in or about abandon the Premises which will in any way interfere with during the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesTerm. Tenant shall comply at its expense with all present and future laws, regulations, rules, orders, statutes and ordinances of any governmental or private entity in effect on or after the date of this Lease and requirements applicable to the Project or the use or occupancy of the Project, including, without limitation, Hazardous Materials Laws, Building Rules and Encumbrances (collectively, "Laws") relating to Tenant's use or occupancy of the Premises (and make any repairs, alterations or improvements as required to comply with all governmental authorities such Laws; provided, however, that pertain Tenant will only be required to Tenant or its make structural repairs, alterations and improvements if the same are required by Laws as a result of Tenant's manner of use of the Premises). Tenant will not use the Project or knowingly permit the Premises to be used in violation of any Laws or in any manner that would (a) violate any certificate of occupancy affecting the Project; (b) make void or voidable any insurance now or after the date of this Lease in force with respect to the Project; (c) cause injury or damage to the Project or to the person or property of any other tenant on the Project; (d) cause substantial diminution in the value or usefulness of all or any part of the Project (reasonable wear and tear excepted); or (e) constitute a public or private nuisance or waste. Tenant will obtain and maintain, including without limitation at Tenant's sole cost and expense, all federal permits and state occupational health and safety and handicap access requirements, whether or not approvals required under the Laws for Tenant’s compliance will necessitate expenditures or interfere with its 's use and enjoyment of the Premises. Without limiting the foregoing, the Premises shall not be used for educational activities, practice of medicine or any of the healing arts, providing social services, for the operation of a culinary school, for any governmental use (including embassy or consulate use), for any personnel agency or customer service office, for studios for radio, television or other media or for a travel agency or reservation center. Tenant shall not generatenot, handlewithout the prior consent of Landlord, store (i) bring into the Building or dispose of hazardous the Premises anything that may cause substantial noise, odor or toxic materials (as such materials may be identified in any federalvibration, state or local law or regulation) overload the floors in the Premises or Project without the prior written consent Building or any of Landlordthe heating, ventilating and air-conditioning ("HVAC"), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building ("Building Systems"), or jeopardize the structural integrity of the Building or any part thereof; provided that (ii) connect to the foregoing shall not be deemed utility systems of the Building any apparatus, machinery or other equipment other than typical office equipment; or (iii) connect to proscribe any electrical circuit in the use by Tenant Premises any equipment or other load with aggregate electrical power requirements in excess of customary office supplies in normal quantities so long as such use comports with all applicable lawseighty percent (80%) of the rated capacity of the circuit. Tenant agrees acknowledges that it shall promptly complete and deliver neither Landlord nor any agent, contractor or employee of Landlord has made any representation or warranty of any kind with respect to Landlord the Premises, the Building or the Project, specifically including, but not limited to, any disclosure form regarding hazardous representation or toxic materials that may be required by warranty of suitability or fitness of the Premises, Building or the Project for any governmental agencyparticular purpose. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in accepts the Premises. Landlord shall have , the right at any time to perform Building and the Project in an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseAS IS - WHERE IS" condition.
Appears in 1 contract
Samples: Lease (Yelp Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, purpose nor shall Tenant permit any nuisance or commit any waste in the Premises or the ProjectPremises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Use. Tenant Lessee shall use the Premises only solely for the purposes stated in Item 3 of manufacturing, marketing and distribution. Lessee shall not use, or permit or suffer the use of, the Premises for any other business or purpose without the consent of Lessor. Lessee shall not store materials or equipment nor park vehicles (other than vehicles used for daily transportation) outside of the Basic Lease Provisionsleased premises without the prior written consent of Lessor. The parties agree that any contrary use If Lessee does so, Lessee shall be deemed considered to cause material have abandoned such property and irreparable harm Lessor may, at its option and without prejudice to Landlord any of Lessor's other rights or remedies hereunder or at law or equity, remove or retain the property, whereupon all rights of the Lessee with respect to it shall cease. If Lessor removes and/or stores the property in public storage for the Lessee's account, the Lessee shall be liable to the Lessor for, and shall entitle Landlord pay to injunctive relief Lessor forthwith on demand, the cost of removal and storage, with interest at ten percent (10%) per annum on all such expenses from the date of expenditure by the Lessor. Lessee shall not receive, store, or otherwise handle anything which is explosive or highly inflammable in addition to or from the Premises. No auction, fire or bankruptcy sales may be conducted in or from the Premises without the previous written consent of Lessor. Lessee shall not use, or permit or suffer in the Premises anything that will increase the rate of fire insurance thereon or prevent the procuring of fire insurance, or prevent the taking advantage of any other available remedy. The uses prohibited under this Lease shall include, without limitation, use ruling of the Premises State Insurance Rating Bureau, or a portion thereof its successors, which would allow the Lessor to obtain reduced rates for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant useslong term insurance policies; or (vi) communications firms such as radio and/or television stations. Tenant shall not do maintain anything that may be dangerous to life or limb; or overload the floors; or permit any objectionable noise or odor to escape or to be emitted from the Premises; or permit anything to be done in or about upon the Premises which will in any way interfere with tending to create a safety hazard or nuisance or to disturb any other lessees of Lessor in the rights Complex; or quiet enjoyment of other occupants of the Building or the Project, or to use or allow permit the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the PremisesPremises for lodging or sleeping purposes, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures for any immoral or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseillegal purposes.
Appears in 1 contract
Samples: Lease Agreement (Direct Focus Inc)
Use. Tenant shall use Landlord agrees that the Premises only may be used for (i) the purposes stated in Item 3 sale and trading of securities (including, without limitation) stocks and bonds), (ii) providing private banking services, investment banking services, trust services and other diversified financial services, (iii) the sale of insurance, (iv) office use, including conference and computer facilities, employee and visitor cafeteria and dining areas (including related kitchen facilities) and/or (vi) and other legally permitted use consistent with the character of the Basic Lease ProvisionsProject and Comparable Buildings. The parties agree that any contrary Tenant, at its sole cost and expense, shall promptly comply with all local, state and federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereinafter be in force relating to the 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. The uses prohibited under this Lease shall includeof the Premises, including, without limitation, the Americans with Disabilities Act, 42 U. S .C. § 12101 et seq. and any governmental regulations relating thereto (collectively, the “ADA”), including any required alterations within the Premises for purposes of “public accommodations” under such statute. However, notwithstanding anything to the contrary contained in this Lease, Landlord (and not Tenant), at Landlord’s cost but as an item of Operating Expenses (subject to the provisions of Section 4(e) above establishing certain exclusions from Operating Expenses), shall be required to make any alterations or improvements to the Premises constituting capital expenditures (including, without limitation, alterations or improvements to the Premises in order to comply with the ADA constituting capital expenditures) and to the Building Structure and Building Systems (as those terms are defined in Section 7(a) below) to the extent such alterations or improvements are required to cause the Premises to comply with applicable laws, except that Tenant (and not Landlord), at Tenant’s sole cost, shall be responsible for performing such alterations or improvements work to the extent such compliance work is necessitated by the particular use of the Premises or a portion thereof for (i) offices by Tenant, any subtenant of any agency or bureau of the United States Tenant or any state of their respective employees, agents, contractors, licensees or political subdivision thereof; invitees (iicollectively, “Tenant Parties”) offices (as opposed to mere occupancy for general office use) or agencies of by any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which Alterations to the Premises under Section 8 below to the extent such Alterations are not ancillary to corporate, executive or professional normal and customary business office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsimprovements. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Project (unless Tenant agrees to pay such increased cost) or cause the cancellation of any insurance policy covering the Project, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Project, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way interfere with manner damage the rights Building, (v) place any harmful liquids in the drainage system or quiet enjoyment of other occupants of in the Building or soils surrounding the Project, or use (vi) disturb or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or unreasonably interfere with other tenants of the Project. Tenant shall not do If any of Tenant’s office machines or permit to be done anything which will invalidate or increase equipment unreasonably disturbs the cost quiet enjoyment of any insurance policy(ies) covering other tenant in the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rules. then Tenant shall comply provide adequate insulation, or take such other action as may be reasonably necessary to eliminate the disturbance, all at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use sole cost and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseexpense.
Appears in 1 contract
Samples: Belvedere Place (Redwood Trust Inc)
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.allocated
Appears in 1 contract
Samples: Industrial Lease (Jni Corp)
Use. Tenant shall use the Premises only solely for the purposes stated purpose specified in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material Section 1.1, and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do use or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance other purpose or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project purposes whatsoever without the prior written consent of Landlord; provided that the foregoing shall not , which consent may be deemed to proscribe the use by Tenant of customary office supplies withheld in normal quantities so long as such use comports with all applicable lawsLandlord's sole, absolute and arbitrary discretion. Tenant further covenants and agrees that it shall promptly complete will not use, suffer or permit any person or persons to use the Premises or any part thereof for any use or purpose contrary to the Rules and deliver to Landlord any disclosure form regarding hazardous or toxic materials that Regulations of the Center as set forth in Exhibit "G," as the same may be required amended by any governmental agency. Tenant shall also, Landlord from time to time upon request time, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local, municipal or county governing bodies or any other lawful governmental or quasi-governmental authorities having jurisdiction over the Center, or in violation of any regulations of any insurance carrier providing insurance for the Premises or the Center. Tenant further covenants and agrees that during the Term, the Premises and every part thereof shall be kept by LandlordTenant in a first-class, execute clean and wholesome condition, free of any objectionable noises, odors or nuisances, and that all fire, safety, health and police regulations shall, in all respects and at all times, be fully complied with by Tenant. Landlord represents that it has been advised by the City of Yorba Linda, California ("City"), that (a) the land on which the Premises are located is presently zoned PC Office and Industrial Park Zone, Subcategory C - Industrial Research and Development, and that such affidavits concerning Tenant’s best knowledge zoning was created by the Preannexation and belief regarding the presence of hazardous or toxic materials Development Agreement dated October 11, 1982, recorded in the Official Records of Orange County on October 13, 1982, as Instrument No. 82-360356; (b) a copy of the permitted uses contained in such Preannexation and Development Agreement is attached to this Lease as Exhibit "H"; and (c) to obtain the City's approval of Landlord's working drawings for the proposed improvements to the Premises, Landlord will be required to submit to the City an occupancy letter ("Occupancy Letter") signed by Tenant describing in detail Tenant's proposed use of the Premises, the form and content of which letter will be subject to the reasonable approval of Landlord before it is submitted to the City. If the City refuses to approve the Occupancy Letter within 15 days after it has been submitted, then either Landlord or Tenant shall have the right at any time to perform an assessment of terminate this Lease upon ten days notice to the environmental condition of other party, in which event all funds and documents shall be returned to the Premises party delivering the same and of Tenant’s compliance with this Section. As part of any such assessment, Landlord the parties shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of no further obligations under this Lease.
Appears in 1 contract
Samples: Celerity Group Inc
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or knowingly permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or knowingly permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules and the requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, Tenant shall comply at its expense with all present and future laws, ordinances ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Notwithstanding the foregoing, to the extent that construction or rehabilitation is required in connection with the foregoing compliance, Landlord shall perform such construction or rehabilitation and the costs thereof, subject to the limitations on capital investments contained in Section 4.2(g), shall be considered as part of "Building Costs" (except to the extent that such compliance results from Tenant's use of the Premises that is unique to Tenant and different than a typical tenant of "flex tech" space [including, without limitation, ADA compliance by Tenant in connection with its business and employment practices in the Premises], in which event Tenant shall not generateperform all required construction and/or rehabilitation at its sole cost and expense). Except to the extent that Landlord is expressly responsible therefor under the terms of this Lease, handleTenant shall comply at its expense with: (i) all present covenants, store conditions, easements or dispose restrictions now affecting or encumbering the Building and/or Project, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by allocated to the Premises or Tenant in accordance with the provisions thereof, and (ii) with any governmental agencyamendments or modifications to such present covenants, conditions, easements or restrictions, or future covenants, conditions, easements or restrictions, which do not materially increase Tenant's obligations or materially decrease Tenant's rights hereunder. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section, and shall indemnify Landlord from any liability and/or expense resulting from Tenant's noncompliance. In Notwithstanding anything to the contrary contained in this Section 5.1, in the event Tenant's obligation for compliance with all events 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 indemnify only be responsible for the amortized cost of such "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 improvement is required due to Tenant's particular use of the “Indemnified Parties” Premises (as defined in Section 10.3) in which case Tenants shall be fully responsible for the manner elsewhere provided in this Lease from any release entire cost and installation of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseeach "capital" investment).
Appears in 1 contract
Use. The Premises shall be used for general office purposes (including uses related or incidental thereto, such as copy/mail room facilities, kitchen area and other legally permitted office-related uses compatible with comparable buildings in the San Francisco financial district) and for no other use or purpose without the prior written consent of Landlord, which may be granted or denied in Landlord's absolute discretion. Tenant shall use not do or permit to be done in or about the Premises only for Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or would in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by the purposes stated standard form of fire insurance policy, or would in Item 3 any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Without limiting the generality of the Basic Lease Provisions. The parties agree that foregoing or of Paragraph 15 below, Tenant shall not bring, or permit to be brought, upon the Premises, any contrary use shall be deemed to cause material hazardous or toxic materials or chemicals, except for ordinary and irreparable harm to Landlord customary office products and shall entitle Landlord to injunctive relief cleaning supplies which are used, stored, and removed in addition to any other available remedy. The uses prohibited under this Lease shall includecompliance with all applicable laws, without limitationstatutes, ordinances and governmental rules, regulations or requirements, in small quantities reasonably necessary for Tenant's office use of the Premises Premises. Tenant shall promptly notify Landlord of all hazardous or a portion thereof for (i) offices of any agency or bureau of toxic substances maintained in the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will would in any way obstruct or interfere with the rights or quiet enjoyment of other occupants tenants of the Building Building, or the Projectinjure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful purposeor objectionable purposes, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in the Premises in, on or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Office Lease (Zebu)
Use. The Leased Premises are leased to Tenant solely for the --- Permitted Use set forth in Article 1.9 above and for no other purpose whatsoever ----------- without Landlord's prior written consent, which may be withheld by Landlord in its sole and absolute discretion. Tenant shall not use or occupy or permit the Leased Premises only for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the purposes stated Leased Premises nor bring or keep anything therein which will in Item 3 any way increase the existing rate of or affect any casualty or other insurance on the Basic Lease Provisions. The parties agree that Building, the Project or any contrary use shall be deemed to of their respective contents other than the Permitted Use (unless Tenant pays such increase), or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices cancellation of any agency or bureau of insurance policy covering the United States Building, the Project or any state part thereof or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Project which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Project or injure or annoy them. Tenant shall not use or allow the Leased 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 Leased Premises, the Building and/or the Project. In addition, Tenant shall not commit any waste in or upon the Premises or Leased Premises, the Building and/or the Project. Tenant shall not do use the Leased Premises, the Building and/or the Project or permit anything to be done anything in or about the Leased Premises, the Building and/or the Project which will invalidate in any way conflict with any matters of record, or increase the cost of any insurance policy(ies) covering the Buildinglaw, the Project and/or their contentsstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall shall, at its sole cost and expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with matters of record and all present and future laws, statutes, ordinances and governmental rules, regulations and requirements of all governmental authorities that pertain to Tenant now in force or its use of the Premises, including without limitation all federal which may hereafter be in force and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionany Board 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 capital changes not relating to or affected by Tenant's improvements or acts. The judgment of any 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 all events addition, Tenant shall indemnify each not place a load upon any floor of the “Indemnified Parties” (as defined in Section 10.3) 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 manner elsewhere provided in this Lease from any release Leased Premises which cause noise or vibration that may be transmitted to the structure of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.
Appears in 1 contract
Samples: Office Lease (CBT Group PLC)
Use. Tenant shall agrees that it will continuously during the Term use ---- the Premises only for the purposes stated general office purposes, and for no other business or purpose. Tenant, at its sole cost and expense, shall promptly comply with all local, state or federal laws, statutes, ordinances and governmental rules, regulations or requirements now in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall force or which may hereinafter be deemed to cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includeforce, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq. and any governmental regulations relating thereto (the "ADA"), including any required alterations for purposes of "public accommodations" under such statute, provided, however, Landlord agrees to remedy any violations of the ADA existing within the Premises as of the Commencement Date or existing within the common areas of the Building to the extent such violation does not result from Tenant's particular use of the Premises or a portion thereof for (i) offices of any agency acts or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsomissions by Tenant. Tenant shall not do use or permit anything the Premises to be done used in any manner nor do any act which would increase the existing rate of insurance on the Building or cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant shall not during the Term (i) commit or allow to be committed any waste upon the Premises, or any public or private nuisance in or around the Building or the Property, (ii) allow any sale by auction upon the Premises, (iii) place any loads upon the floor, walls, or ceiling of the Premises which endanger the Building, (iv) use any apparatus, machinery or device in or about the Premises which will cause any substantial noise or vibration or in any way manner damage the Building, (v) place any harmful liquids in the drainage system or in the soils surrounding the Building, or (vi) disturb or unreasonably interfere with other tenants of the rights Building. If any of Tenant's office machines or equipment disturbs the quiet enjoyment of any other occupants tenant in the Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all at Tenant's sole cost and expense. Landlord confirms that, to Landlord's actual knowledge, Landlord has received no written notice of violation at the Building of the Building or ADA. If, pursuant to the Projectterms hereof, or use or allow Landlord is obligated to remedy a violation of the Premises to be used for any unlawful purposeADA, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which Landlord will invalidate or increase pay the cost of any insurance policy(ies) covering compliance to the Buildingextent the violation existed prior to the Commencement Date (unless the need for such compliance is due to a new interpretation of existing law). Otherwise, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s such compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing costs shall be reimbursed by Tenant amortized and included within Operating Costs pursuant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements terms of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease5.e(3)(x).
Appears in 1 contract
Samples: I Lease (American Ecology Corp)
Use. The Premises shall be used only for THE PURPOSE OF GENERAL OFFICE, RECEIVING, STORAGE, SHIPPING, ASSEMBLY, LIGHT MANUFACTURING, AND SELLING (OTHER THAN RETAIL) PRODUCTS, MATERIALS AND MERCHANDISE MADE AND/OR DISTRIBUTED BY TENANT AND FOR SUCH OTHER LAWFUL PURPOSES AS MAY BE INCIDENTAL THERETO and for no other purpose whatsoever without Landlord's prior written consent. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall use at its own cost and expense obtain and maintain any and all licenses, permits, and other approval necessary or appropriate for its use, occupation or operation of the Premises. Tenant's inability to obtain or maintain any such license, permit or approval necessary or appropriate for its use, occupation or operation of the Premises only for shall not relieve it of its obligations under this Lease, including the purposes stated in Item 3 obligation to pay Base Rent and additional rent. Tenant shall comply with all governmental laws, ordinances, rules and regulations applicable to the use and condition of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material and irreparable harm to Landlord Premises, and shall entitle promptly comply with all governmental orders and directives including, but not limited to, those regarding the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Without limiting the generality of the foregoing, Tenant shall comply with the requirements of the Americans with Disabilities Act and all other laws, regulations, orders, codes, ordinances and governmental laws pertaining to the Premises and Xxxxxx's use thereof at Tenant's sole cost and expense. Tenant shall not commit or allow to be committed or exist: (a) any waste upon the Premises, (b) any public or private nuisance, (c) any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises, or (d) any act or condition which disturbs the quiet enjoyment of any other tenant in the Building, violates any of Landlord's contracts affecting any or all of the land or Building, creates or contributes to any work stoppage, strike, picketing, labor disruption or dispute, interferes in any way with the business of Landlord to injunctive relief or any other tenant in the Building or with the rights or privileges of any contractors, subcontractors, licensees, agents, concessionaires, subtenants, servants, employees, customers, guests, invitees or visitors or any other persons lawfully in and upon the land or Building, or causes any impairment or reduction of the good will or reputation of the land or Building. In addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use remedies Landlord may have for a breach by Tenant of the Premises or a portion thereof for (i) offices terms of any agency or bureau of this Paragraph 3, Landlord shall have the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsright to have Tenant evicted from the Premises. Without Landlord's prior written consent, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do receive, store or otherwise handle any product, material or merchandise which is explosive, highly inflammable, hazardous or a pollutant. Tenant will not permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purposepurpose or in any manner (including, nor shall Tenant permit without limitation, any nuisance or commit any waste in method of storage) which would render the Premises insurance thereon void or the Projectinsurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any sprinkler credits. In the event Xxxxxx's use of Premises shall result in an increase in insurance premiums, Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as solely responsible for such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseincrease.
Appears in 1 contract
Use. Tenant shall use the Premises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, rules and requirements of all governmental authorities that pertain to Tenant or its use of the Premisespremises, including including, without limitation limitation, all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including, without limitation, the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
Appears in 1 contract
Use. Tenant The Premises shall use the Premises be used only for the purpose of general office use, receiving, storing, servicing, shipping, product preparation, grocery store services (other than on-site retail) and selling (other than by on-site retail) products, materials, alcoholic beverages and merchandise made and/or distributed by Lessee and for such other lawful purposes stated as may be incidental thereto. Outside storage, (excluding storage of trucks and other vehicles and the washing thereof) at any time is prohibited without Lessor's prior written consent. Lessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for such use (including, but not limited to, a Certificate of Occupancy), in Item 3 regard to Lessee's tenant improvements, if required), shall at all times maintain the Premises in a clean, healthful and safe condition and comply with all governmental laws, codes, ordinances, regulations or any other applicable authorities with regard to the use, condition or occupancy of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall includePremises including, without limitation, the ADA. Lessee shall be responsible, at Lessee's sole cost and expense, for the correction, prevention, and abatement of nuisances in or upon, or connected with, the Premises to the extent caused by Lessee. Lessee shall not permit any unreasonably objectionable or unpleasant odors, smoke, dust, gas, noise, vibrations, or pest infestations to emanate from the Premises, nor take any other action that would constitute an unreasonable nuisance or would unreasonably disturb, unreasonably interfere with, or endanger Lessor or any other lessees of the building or project of which the Premises are a part, excepting pre-existing conditions and Substances. Lessee's use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere at all times comply with the rights or quiet enjoyment of other occupants of insurance provisions in Paragraph 9C hereof. Lessee agrees that the Building or the Projectpoint pressure resulting from Lessee's racking system, or use or allow the Premises inventory, forklifts and equipment pertaining to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its Lessee's use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or Premises shall not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment exceed allowable design floor loading for floor slabs on grade (provided Lessor shall inform Lessee in writing of the Premisesallowable design floor loading). Tenant Lessee shall not generatehold harmless Lessor from any loss, handleliability, store or dispose of hazardous or toxic materials (as such materials may be identified in any federaland expenses, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete both real and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall alsoalleged, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part arising out of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed damage or repair caused by Tenant to Landlord if such assessment/testing determines that Tenant failed Lessee's negligence or failure to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leaseparagraph.
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Use. Tenant shall Lessee will use and occupy the Demised Premises solely for the installation and operation of computer equipment only and for no other purpose whatsoever. Lessee will not use the Demised Premises only for the purposes stated in Item 3 of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises manner which will in any way annoy or interfere with the rights or quiet enjoyment of other occupants of tenants in the Building or and will comply with the Project, or Rules and Regulations listed under Exhibit C. Lessee will not use or allow occupy the Demised Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which and will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 ordinances, regulations, and requirements of all governmental authorities that pertain to Tenant or its use orders of the PremisesUnited States of America, including without limitation all federal and state occupational health and safety and handicap access requirementsthe State of Virginia, whether the Fire Marsxxxx xxx any other public authority having jurisdiction over the Demised Premises that may affect the Demised Premises or not Tenant’s compliance will necessitate expenditures or interfere with its Lessee's use and enjoyment of the Premisesand/or occupancy thereof. Tenant In no event shall not Lessee generate, handlemanufacture, store prepare, use, store, treat or dispose of hazardous any polychlorinated biphenyls ("PCB's"), petroleum products or asbestos, or any hazardous, radioactive, carcinogenic, or toxic chemicals, substances pollutants, contaminant, materials (or waste, including storage tanks and/or containers thereof, as such materials may terms are defined under applicable Federal, state and local laws, ordinances or regulations, in or on the Demised Premises or the Building on the Property upon which the Demised Premises is located or any portion thereof, nor shall Lessee use, or suffer the Demised Premises to be identified in used, for industrial or manufacturing purposes. In the event of any breach of this Section 3, Lessee agrees to defend, indemnify and hold Lessor harmless from and against any and all claims, damages, expense and liability incurred as a result, including, but not limited to, costs and attorneys' fees incurred by or on behalf of Lessor to (i) cure Lessee's breach of this Section 3, (ii) remediate the effects of Lessee's breach, or (iii) to bring Lessee into compliance with any and all federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the and municipal orders, ordinances, laws, and regulations. The foregoing indemnity shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Abovenet Communications Inc
Use. Tenant The Leased Premises shall use the Premises be used and occupied only for the purposes stated purpose as set forth in Item 3 Section 1.9. Tenant acknowledges and agrees that Landlord has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future concerning (a) the value, nature, quality or condition of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall includeLeased Premises, including, without limitation, use the water, soil and geology, (b) the income to be derived from the Leased Premises, (c) the suitability of the Leased Premises for any and all activities and uses which Tenant may conduct therein, (d) the compliance of or by the Leased Premises or a portion thereof for (i) offices its operation with any laws, rules, ordinances or regulations of any agency applicable governmental authority or bureau body, (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the United States Leased Premises or (f) any other matters with respect to the Leased Premises. Landlord specifically disclaims any representations regarding compliance with any environmental protection, pollution, land-use or solid waste (as defined by the U.S. Environmental Protection Agency regulations) laws, rules, regulations, orders or requirements or the disposal or existence, in, under or on the Leased Premises of any hazardous substance as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant further acknowledges and agrees that Tenant has been provided ample opportunity to inspect and test the Leased Premises and that Tenant is relying and will rely solely on its own investigation of the Leased Premises and not on any information provided or to be provided by Landlord. Tenant further acknowledges and agrees that any information provided or to be provided with respect to the Leased Premises is from a variety of sources and that Landlord has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. Tenant expressly acknowledges and agrees that, provisions having been made for it shall promptly complete to inspect and deliver test the Leased Premises, Tenant will take title to Landlord the Leased Premises on an "AS IS" condition and basis with all faults, to the maximum extent permitted by law. Tenant hereby releases and forever discharges Landlord, Landlord's agent, subagents, employees, board members or any disclosure form regarding hazardous one of them and any other person, firm or toxic materials corporation that may be required liable by or through them from any governmental agencyand all claims, losses or demands, including claims for personal or bodily injuries and all of the consequences thereof, regardless of whether such consequences are presently known, which may arise from any chemical substance on the Leased Premises. Tenant hereby covenants and agrees not to xxx or otherwise make any claim against Landlord for any matter as to which Landlord has no responsibility to Tenant under this paragraph, and this covenant not to xxx shall alsobe binding upon the successors and assigns of Tenant to the maximum extent permitted by law. Tenant, at its expense, shall comply (i) with any and all laws, rules, regulations and standards (“Legal Requirements”) applicable to the Leased Premises or Tenant and (ii) with the rules and regulations of the Leased Premises adopted or amended from time to time upon request by Landlord (“Landlord’s Rules and Regulations”). Tenant shall immediately notify Landlord in writing if Tenant becomes aware of violations of Legal Requirements or Landlord’s Rules and Regulations. If Tenant is not complying with such Legal Requirements or Landlord’s Rules and Regulations, then Landlord, execute such affidavits concerning may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right 's obligations at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's expense.
Appears in 1 contract
Samples: Lease Agreement
Use. Tenant shall use the Premises only in conformance with applicable --- governmental laws, regulations, rules and ordinances for the purposes stated purpose of general office, light manufacturing, biomedical research and development, ad storage and other uses necessary for Tenant to conduct Tenant's business in Item 3 of the Basic Lease Provisions. The parties agree that any contrary use shall be deemed to cause material accordance with all applicable governmental laws and irreparable harm to Landlord ordinances, and shall entitle Landlord to injunctive relief in addition to any for no other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationspurpose. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep or permit to be brought or kept in or about the premises anything which is prohibited by or will in any way increase the existing rate of (or otherwise affect) fire or any insurance covering the Premises or any part thereof, or any of its contents, or will cause a cancellation of any insurance covering the Premises 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 which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building Premises or the Projectneighboring premises or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of about the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of . No sale by auction shall be permitted on the Premises. Tenant shall not generateplace any loads upon the floors, handlewalls, store or dispose ceiling which endanger the structure, or place any harmful fluids or other materials in the drainage system of hazardous the building, or toxic overload existing electrical or other mechanical systems. No waste materials (as such materials may or refuse shall be identified in dumped upon or permitted to remain upon any federal, state or local law or regulation) in part of the Premises or Project outside of the building in which Premises are a part, except in trash containers placed inside exterior enclosures designated by Landlord for that purpose or inside of the 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 stored upon or permitted to remain outside the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any window, door partition or wall which may appear unsightly from outside the Premises. No loud speaker 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; provided that . Tenant shall not commit or suffer to be committed any waste upon the foregoing Premises. Tenant shall indemnify, defend and hold Landlord harmless against any covenant, condition, or restriction ("CC&Rs") affecting the Premises. The provisions of this paragraph are for the benefit of Landlord only and shall not be deemed construed to proscribe be for the use by Tenant benefit of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous tenant or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence occupant of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of There are no CC&Rs affecting the Premises and at the time of Tenant’s compliance with this SectionLease execution. As part of any such assessmentIn the event CC&Rs are subsequently implemented, Landlord shall have the right, upon reasonable prior notice provide a copy of said CC&Rs to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease.
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Use. Tenant shall continuously occupy and use the Premises only for the purposes stated in Item 3 general office use or uses incidental thereto, all of the Basic Lease Provisions. The parties agree that any contrary use which shall be deemed to cause material and irreparable harm to Landlord consistent with the standards of a first class office project (the “Permitted Use”) and shall entitle Landlord comply, at Tenant’s expense, with all Regulations relating to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall includethe use, without limitationcondition, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolsalteration, temporary employment agencies or other training facilities which are not ancillary to corporateimprovement, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contentsaccess to, and shall comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with all present and future laws, ordinances and requirements of all governmental authorities that pertain to Tenant or its use occupancy of the Premises, including without limitation all federal limitation, Regulations relating to Hazardous Materials (defined below). Should any Regulation now or hereafter be imposed on Tenant or Landlord by any governmental body relating to the use or occupancy of the Premises or the Project common areas by Tenant or any Tenant Party or concerning occupational, health or safety standards for employers, employees, or tenants, then Tenant agrees, at its sole cost and state occupational health expense, to comply promptly with such Regulations if such Regulations relate to anything within the Premises or if compliance with such Regulations is within the control of Tenant and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment applies to an area outside of the Premises. Tenant shall conduct its business and shall cause each Tenant Party to act in such a manner as to (a) not generaterelease or permit the release of any Hazardous Material in, handleunder, on or about the Project in violation of any Regulations, (b) use or store any Hazardous Materials (other than incidental amounts of cleaning and office supplies) in or dispose about the Premises or (c) not create or permit any nuisance or unreasonable interference with or disturbance of hazardous other tenants of the Project or toxic materials Landlord in its management of the Project or (as such materials may be identified in d) not create any federal, state or local law or regulation) occupancy density in the Premises or parking density with respect to Tenant and any Tenant Party at the Project without greater than those specified in the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable lawsBasic Lease Information. Tenant agrees that it shall promptly complete and deliver to Landlord “Hazardous Material” means any disclosure form regarding hazardous hazardous, explosive, radioactive or toxic materials that may be required substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or agency. Tenant shall also, from time to time upon request by Landlordincluding, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of without limitation, any material or substance which is (i) defined or listed as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” “pollutant” or toxic materials in the Premises. Landlord shall have the right at “contaminant” under any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessmentRegulation, Landlord shall have the right(ii) a flammable explosive, upon reasonable prior notice to Tenant(iii) a radioactive material, to enter and inspect the Premises and to perform tests(iv) a polychlorinated biphenyl, provided those tests are performed in (v) asbestos or asbestos containing material, or (vi) a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasecarcinogen.
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Use. Tenant shall use the Premises Promises only for the purposes stated in Item 3 of the Basic Lease Provisions, all in accordance with applicable laws and restrictions and pursuant to 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. The uses prohibited under this Lease Tenant, at its expense, shall includeprocure, without limitationmaintain and make available for Landlord's inspection throughout the Term, all governmental approvals, licenses and permits required for the proper and lawful conduct of Tenant's permitted use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationsPremises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Premises to be used for any unlawful purpose, nor shall Tenant permit any nuisance or commit any waste in the Premises or the Project. Tenant shall not perform any work or conduct any business whatsoever in the Project other than inside the Premises. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project and/or their contents, and shall comply with all applicable insurance underwriters rulesrules 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 ordinances, restrictions, regulations, orders, miles and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, including without limitation all federal and state occupational health and safety and handicap access requirements, whether or not Tenant’s 's compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generatecomply at its expense with all present and future covenants, handleconditions, store easements or dispose restrictions now or hereafter affecting or encumbering the Building and/or Project, and any amendments or modifications thereto, including without limitation the payment by Tenant of hazardous any periodic or toxic materials (as such materials may be identified in any federal, state special dues or local law or regulation) in assessments charged against the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that which may be required by any governmental agencyallocated to the Premises or Tenant in accordance with the provisions thereof. Tenant shall also, from time to time promptly upon request demand reimburse Landlord for any additional insurance premium charged by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and reason of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed 's failure to comply with the requirements provisions of this Section. In all events Tenant , and shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease Landlord from any release of hazardous or toxic materials caused by liability and/or expense resulting from Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Lease's noncompliance.
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Samples: Industrial Lease (Sensar Corp /Nv/)
Use. Tenant The Sublet Premises shall use the Premises be used only for the purpose of manufacturing, storing and distributing airplane parts and aircraft welded assemblies, and storing, cutting and distributing metal plates for aircraft, and for such other lawful purposes stated in Item 3 as may be incidental thereto, including general office use. Outside storage is prohibited without Sublessor's prior written consent. Sublessee shall, at its own cost and expense, obtain any and all licenses and permits necessary for any such use. Sublessee shall comply with all governmental laws, ordinances and regulations applicable to the use of the Basic Lease Provisions. 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. The uses prohibited under this Lease shall includeSublet Premises, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, any Hazardous Materials (as hereinafter defined), waste disposal, air emissions and other environmental matters, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of conditions or nuisances in or upon, or connected with, the Sublet Premises, all at Sublessee's sole expense. Sublessee shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Sublet Premises, nor take any other action which would constitute a nuisance or would disturb or endanger any other tenants of the building in which the Sublet Premises are situated or unreasonably interfere with their use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schoolstheir respective premises. Without Sublessor's prior written consent, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations. Tenant Sublessee shall not do receive, store or otherwise handle any product, material or merchandise which is explosive or highly flammable. Sublessee will not permit anything to be done in or about the Premises which will in any way interfere with the rights or quiet enjoyment of other occupants of the Building or the Project, or use or allow the Sublet Premises to be used for any unlawful purpose, nor shall Tenant permit purpose or in any nuisance or commit any waste in the Premises or the Project. Tenant shall not do or permit to be done anything which will invalidate or increase the cost of any insurance policy(ies) covering the Building, the Project 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 and requirements of all governmental authorities that pertain to Tenant or its use of the Premises, manner (including without limitation all federal any method of storage) which would (i) cause the existing fire sprinkler system to be inadequate under existing laws and state occupational health and safety and handicap access requirementscodes, whether or not Tenant’s compliance will necessitate expenditures (ii) render the insurance thereon void or interfere with its use and enjoyment cause the insurance premiums to increase or cause the State Board of the Premises. Tenant shall not generate, handle, store Insurance or dispose of hazardous or toxic materials (as such materials may be identified in other insurance authority to disallow any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Section. In all events Tenant shall indemnify each of the “Indemnified Parties” (as defined in Section 10.3) in the manner elsewhere provided in this Lease from any release of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this Leasesprinkler credits.
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Use. The Leased Premises are leased to Tenant solely for the Permitted Use set forth in Article 1 above and for no other purpose whatsoever. Tenant shall not use or occupy or permit the Leased Premises only for to be used or occupied, nor shall Tenant do or permit anything to be done in or about the purposes stated Leased Premises nor bring or keep anything therein which will in Item 3 any way increase the existing rate of or affect any casualty or other insurance on the Basic Lease Provisions. The parties agree that Building or the Property, or any contrary use shall be deemed to of their respective contents, or make void or voidable or cause material and irreparable harm to Landlord and shall entitle Landlord to injunctive relief in addition to any other available remedy. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices cancellation of any agency insurance policy covering the Building or bureau of the United States Property, or any state part thereof or political subdivision thereof; (ii) offices or agencies any of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools, temporary employment agencies or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stationstheir respective contents. Tenant shall not do or permit anything to be done in or about the Premises Leased Premises, the Building and/or the Property which will in any way obstruct or interfere with the rights or quiet enjoyment of other tenants or occupants of the Building or the Project, Property and Tenant will not in any way pass out flyers or any promotional material to any individual or automobile that may be on the Property at any time. Tenant shall not use or allow the Leased 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 Leased Premises, the Building and/or the Property. In addition, Tenant shall not commit or suffer to be committed any waste in or upon the Premises or Leased Premises, the ProjectBuilding and/or the Property. Tenant shall not do use the Leased Premises, the Building and/or the Property, or permit anything to be done anything in or about the Leased Premises, the Building and/or the Property which will invalidate in any way conflict with any matters of record, or increase the cost of any insurance policy(ies) covering the Buildinglaw, the Project and/or their contentsstatute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, and shall shall, at its sole cost and expense, promptly comply with all applicable insurance underwriters rules. Tenant shall comply at its expense with matters of record and all present and future laws, statutes, ordinances and governmental rules, regulations and requirements of all governmental authorities that pertain to Tenant now in force or its use of the Premises, including without limitation all federal which may hereafter be in force and state occupational health and safety and handicap access requirements, whether or not Tenant’s compliance will necessitate expenditures or interfere with its use and enjoyment of the Premises. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord; provided that the foregoing shall not be deemed to proscribe the use by Tenant of customary office supplies in normal quantities so long as such use comports with all applicable laws. Tenant agrees that it shall promptly complete and deliver to Landlord any disclosure form regarding hazardous or toxic materials that may be required by any governmental agency. Tenant shall also, from time to time upon request by Landlord, execute such affidavits concerning Tenant’s best knowledge and belief regarding the presence of hazardous or toxic materials in the Premises. Landlord shall have the right at any time to perform an assessment of the environmental condition of the Premises and of Tenant’s compliance with this Section. As part of any such assessment, Landlord shall have the right, upon reasonable prior notice to Tenant, to enter and inspect the Premises and to perform tests, provided those tests are performed in a manner that minimizes disruption to Tenant. Tenant will cooperate with Landlord in connection with any assessment by, among other things, promptly responding to inquiries and providing relevant documentation and records. The reasonable cost of the assessment/testing shall be reimbursed by Tenant to Landlord if such assessment/testing determines that Tenant failed to comply with the requirements of this Sectionany Board 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 Property, excluding structural changes not relating to or affected by Tenant's improvements or acts. The judgment of any 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 all events addition, Tenant shall indemnify each not place a load upon any floor of the “Indemnified Parties” (as defined in Section 10.3) 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 manner elsewhere provided in this Lease from any release Leased Premises which cause noise or vibration that may be transmitted to the structure of hazardous or toxic materials caused by Tenant, its agents, employees, contractors, subtenants or licensees. The foregoing covenants shall survive the expiration or earlier termination of this LeaseBuilding.
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