Common use of Affirmative Covenants of Lessee Clause in Contracts

Affirmative Covenants of Lessee. As long as Lessee is in possession of the Leased Premises, Lessee shall: (1) Keep the Leased Premises in a neat, sanitary and safe condition in accordance with all laws and rules; Lessee will contract and pay for janitorial services for the leased premises; (2) Conduct its operations on the Leased Premises in accordance with all applicable laws and rules; (1) Pay prior to delinquency any and all income, corporate, franchise, excise, sales, employment, use and occupancy taxes, all withholdings, social security contributions, trust funds, contributions to health, welfare, benefit, pension, profit sharing and similar plans, and any and all taxes and assessments levied or assessed during the term hereof, or which do or may become liens against or upon all fixtures, furniture, equipment and any other personal property installed by or on behalf of Lessee or anyone holding all or any part of the Leased Premises through or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit or license required under any statute or regulation applicable to any construction, occupancy, use, or activity by Lessee in the Leased Premises; (3) Cause all freight to be delivered or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessor, which loading and storage shall not obstruct or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and use of the Office Building.

Affirmative Covenants of Lessee. As long Lessee shall (a) cause the Equipment to be kept in good condition and use the Equipment only in the manner for which it was designed and intended so as Lessee is in possession to subject it to only ordinary wear and tear and cause to be made all needed and proper repairs, renewals, and replacements thereto; (b) maintain at all times property damage, fire theft and comprehensive insurance for the greater of the Leased Premisesfull replacement value or the present value of all Rental due and to become due under this Lease discounted at a rate equal to six percent (6%), Lessee shall: (1) Keep the Leased Premises with loss payable provisions in a neatfavor of Lessor and any assignee of Lessor as their interests may appear, sanitary and safe condition maintain general liability insurance in accordance amounts satisfactory to Lessor naming Lessor and any assignee of Lessor as insureds with all laws of said insurance and rulesloss payable provisions to be in form, substance and amount and written by companies approved by Lessor, and deliver policies thereof, or duplicates thereof, to Lessor; Lessee will contract and (c) pay or reimburse Lessor for janitorial services for the leased premises; (2) Conduct its operations on the Leased Premises in accordance with all applicable laws and rules; (1) Pay prior to delinquency any and all income, corporate, franchise, excise, sales, employment, use and occupancy taxes, assessments and other governmental charges of whatever kind or character, however designated (together with any penalties, fines or interest thereon) levied or based upon or with respect to the Equipment or the Rental or upon the manufacture, purchase, ownership, delivery, leasing possession, use, storage, operation, maintenance, repair, return or other disposition of the Equipment, or for titling or registering the Equipment, or upon the income or other proceeds received with respect to the Equipment or this Lease provided, however, that Lessee shall pay taxes on or measured by the net income of Lessor and franchise taxes of Lessor only to the extent that such net income taxes or franchise taxes are levied or assessed in lieu of such other taxes, assessments or other governmental charges; (d) pay all withholdingsshipping and delivery charges and other expenses incurred in connection with the Equipment and pay all lawful claims, social security contributionswhether for labor, trust fundsmaterials, contributions supplies, rent or services, which might or could if unpaid become a lien on the Equipment; (e) comply with all governmental laws, regulation, requirements and rules, all manufacturer's instructions and warranty requirements, and with the conditions and requirements of all policies of insurance with respect to healththe Equipment and this Lease; (f) mark xxx identify the Equipment with all information and in such manner as Lessor or its assigns may request from time to time and replace promptly any such markings or identification which are removed, welfaredefaced or destroyed; (g) at any and all times during business hours, benefitgranx Xxxxxx xxxe access to enter upon the premises wherein the Equipment shall be located or used and permit Lessor to inspect the Equipment; (h) reimburse Lessor for all charges, pensioncosts and expenses (including attorneys' fees), profit sharing incurred by Lessor in defending or protecting its interest in the Equipment, in the attempted enforcement or enforcement of the provisions of this Lease or in the attempted collection or collection of any Rental under this Lease; (i) indemnify and similar planshold Lessor harmless from and against all claims, losses, liabilities (including negligence, tort and strict liability), damages, judgments, suits, and all legal proceedings, and any and all taxes costs and assessments levied expenses in connection therewith (including attorneys' fees) arising out of or assessed during in any manner connected with the term hereofmanufacture, or which do or may become liens against or upon all fixturespurchase, furniturefinancing, equipment and any other personal property installed by or on behalf of Lessee or anyone holding all or any part of the Leased Premises through or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit or license required under any statute or regulation applicable to any constructionownership, occupancydelivery, rejection, non-delivery, transportation, possession, use, storage, operation, maintenance, repair, return or activity by Lessee in the Leased Premises; (3) Cause all freight to be delivered or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessor, which loading and storage shall not obstruct or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and use other disposition of the Office Building.Equipment or with this Lease, including without limitation, claims for injury to or death of persons and for damage to property, and give Lessor prompt notice of any such claim or liability; (j) except as otherwise expressly provided herein, upon the expiration of the Term

Affirmative Covenants of Lessee. As long Lessee covenants and agrees that it will, without demand or notice from Lessor, (1) Pay, without demand or set-off, the Annual Minimum Rent, Additional Rent and all other charges herein set forth as Lessee Xxxxxx’s obligation to pay, within the time periods as specified in this Lease, in full and without fail. If Lessor shall at any time or times accept any payment or partial payment after such specified time periods, such acceptance shall not excuse or delay upon subsequent occasions Lessee’s payment obligations as set forth in this Lease or constitute or be construed as a waiver of any of Lessor’s rights or remedies reserved under this Lease. Xxxxxx agrees that any charge or payment reserved under this Lease may be proceeded for and recovered by the Lessor by distraint or any other process in the same manner as Annual Minimum Rent or rent that is due and in possession arrears; (2) Keep the Leased Premises clean and free from all ashes, dirt and other refuse matter and free from objectionable odors, insects, vermin or other pests; (3) Make arrangements and pay for all trash removal, keep all garbage and refuse in the kind of container specified by Lessor, place the same outside of the Leased Premises for collection in the manner and at the place specified by Lessor or as may be required by Xxxxxx Township, schedule the frequency of pickup to prevent trash or refuse from exceeding the limit of the trash container and littering the common areas, and keep the trash area free from insects, vermin or other pests; (4) Keep the interior of the Leased Premises, together with all electrical, plumbing, heating, air conditioning and other mechanical installations or other improvements therein in good order and proper repair. Lessee shall:, at its expense, keep the HVAC system under an annual service contract with a qualified person or company, which contract shall provide for regular filter and/or belt changes/adjustments, equipment lubrication, Freon checks, and other routine adjustments or maintenance at the change of the seasons, but in no event shall be less than two (2) times per year, one of such times shall be at the beginning of the winter heating season and another the beginning of the spring/summer cooling season. Lessee shall furnish the Lessor with a copy of such HVAC contract or other evidence setting forth that the Lessee has an HVAC contract in full effect at all times during the Term of this Lease. Provided Lessee complies with the above obligations, LESSOR WILL WARRANT THE EXISTING HVAC UNIT UNTIL ITS REPLACEMENT, SUCH REPLACEMENT SHALL BE MADE AT THE LESSOR’S FULL COST AND EXPENSE. UPON REPLACEMENT OF THE EXISTING UNIT LESSEE WILL RECEIVE ALL BENEFITS OF THE MANUFACTURERS WARRANTY FOR THE NEW UNIT AND BE RESPONSIBLE FOR THE NEW UNIT. ALL WARRANTY WORK ON THE EXISTING UNIT MUST BE DONE BY THE LESSOR’S CONTRACTOR. ANY WORK NOT DONE BY THE LESSOR’S CONTRACTOR WILL NOT BE COVERED UNDER THIS WARRANTY; FAILURE TO KEEP ALL UNITS UNDER A SERVICE CONTRACT AS INDICATED ABOVE WILL VOID ALL WARRANTIES. (15) refrain from parking trailers or trucks overnight in any area of the “Industrial Estates”, whether loaded or unloaded; (6) Be responsible for the removal of all snow and ice from the sidewalk, curb top, trash area and stairs abutting the Leased Premises, and not burn, place or permit any obstructions or merchandise in such areas, and notify Lessor of any cracks in abutting sidewalks; (7) Keep the Leased Premises at all times sufficiently heated to prevent freezing of water in a neat, sanitary pipes and safe condition in accordance with all laws and rules; Lessee will contract and pay for janitorial services for the leased premisesfixtures; (28) Require Lessee’s employees and visitors to park their cars and trucks only in those areas designated for that purpose by Lessor; (9) Conduct its operations on Lessee’s business in the Leased Premises in all respects in a dignified manner and in accordance with all any applicable laws federal, state, county or township laws, statutes and/or ordinances, and rulesindemnify and hold Lessor harmless from any penalties, fines, costs or damages resulting from a failure to do so; (110) Pay prior to delinquency Keep all coffeepots on a timer providing for its automatic shutoff; (11) Use every precaution against fire and keep the utility/ mechanical room free of storage; (12) Comply with the rules and regulations of Lessor as promulgated or as provide herein; (13) Give Lessor prompt notice of any and all incomeaccident, corporate, franchise, excise, sales, employment, use and occupancy taxes, all withholdings, social security contributions, trust funds, contributions to health, welfare, benefit, pension, profit sharing and similar plans, and any and all taxes and assessments levied or assessed during the term hereoffire, or which do damage to the Leased Premises or the common areas; (14) Refrain from using space heaters in the Leased Premises, except as pre-approved in writing by the Lessor; and (15) Refrain from storing/placing any materials outside the Leased Premises for any reason. (16) Release Lessor from any liability to Lessee, or to those claiming by, through or under Lessee, for any loss of damage that may become liens against or upon all fixtures, furniture, equipment and any other personal property installed be occasioned by or on behalf through the acts or omissions of Lessee or anyone holding all persons occupying adjoining premises or any part of the premises adjacent to or connecting with the Leased Premises or any of the buildings on the Industrial Estates, or otherwise, or for any loss or damage resulting to Lessee or those claiming, by, through or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit or license required under any statute or regulation applicable to any construction, occupancy, use, or activity by Lessee in its or their property, from the Leased Premises; (3) Cause all freight to be delivered bursting, stopping or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessorleaking of water, which loading and storage shall not obstruct gas, sprinkler, sewer or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and use of the Office Buildingsteam pipes.

Affirmative Covenants of Lessee. As long Lessee shall (a) cause the Equipment to be kept in good condition and use the Equipment only in the manner for which it was designed and intended so as Lessee is in possession to subject it to only ordinary wear and tear and cause to be made all needed and proper repairs, renewals, and replacements thereto; (b) maintain at all times property damage, fire, theft and comprehensive insurance for the full replacement value of the Leased PremisesEquipment, Lessee shall: (1) Keep the Leased Premises with additional loss payable provisions in a neatfavor of Lessor and any assignee of Lessor as their interests may appear, sanitary and safe condition maintain general liability insurance in accordance amounts satisfactory to Lessor naming Lessor and any assignee of Lessor as insureds with all laws of said insurance and rulesloss payable provisions to be in form, substance and amount and written by companies reasonably approved by Lessor, and deliver certificates of insurance policies therefor, or duplicates thereof, to Lessor; Lessee will contract and (c) pay or reimburse Lessor for janitorial services for the leased premises; (2) Conduct its operations on the Leased Premises in accordance with all applicable laws and rules; (1) Pay prior to delinquency any and all income, corporate, franchise, excise, sales, employment, use and occupancy taxes, assessments and other governmental charges of whatever kind or character, however designated (together with any penalties, fines or interests thereon) levied or based upon or with respect to the Equipment or the Rental or upon the manufacture, purchase, ownership, delivery, leasing, possession, use, storage, operation, maintenance, repair, return or other disposition of the Equipment, or for titling or registering the Equipment, or upon the income or other proceeds received with respect to the Equipment or this Lease provided, however, that Lessee shall pay taxes on or measured by the net income of Lessor and franchise taxes of Lessor only to the extent that such net income taxes or franchise taxes are levied or assessed in lieu of such other taxes, assessments or other governmental charges; (d) pay all withholdingsshipping and delivery charges and other expenses incurred in connection with the Equipment and pay all lawful claims, social security contributionswhether for labor, trust fundsmaterials, contributions supplies, rent or services, which might or could if unpaid become a lien on the Equipment; (e) comply in all material respects with all governmental laws, regulations, requirements and rules, all manufacturers instructions and warranty requirements, and with the conditions and requirements of all policies of insurance with respect to healththe Equipment and this Lease; (f) mark and identify the Equipment with all information and in such manner as Lessor or its assigns may request from time to time and replace promptly any such markings or identification which are removed, welfaredefaced pr destroyed; (g) at any and all times during business hours, benefitupon prior request by facsimile, pensionxxxxx Xxxxxx free access to enter upon the premises wherein the Equipment shall be located or used and permit Lessor to inspect the Equipment; (h) reimburse Lessor for all charges, profit sharing cost and similar plansexpenses (including reasonable attorneys' fees), incurred by Lessor in defending or protecting its interest in the Equipment, in the attempted enforcement or enforcement of the provisions of this Lease or in the attempted collection or collection of any Rental under this Lease; (i) indemnify and hold Lessor harmless from and against all claims, losses, liabilities (including negligence, tort and strict liability), damages, judgments, suits and all legal proceedings, and any and all taxes costs and assessments levied expenses in connection therewith (including reasonable attorneys' fees) arising out of or assessed during in any manner connected with the term hereofmanufacture, or which do or may become liens against or upon all fixturespurchase, furniturefinancing, equipment and any other personal property installed by or on behalf of Lessee or anyone holding all or any part of the Leased Premises through or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit or license required under any statute or regulation applicable to any constructionownership, occupancydelivery, rejection, non- delivery, transportation, possession, use, storage, operation, maintenance, repair, return or activity other disposition of the Equipment or with the Lease, including, without limitation, claims for injury to or death of persons and for damage to property (but excluding any claims resulting from Xxxxxx's gross negligence or willful misconduct), and give Lessor prompt notice of any such claim or liability; (j) upon the expiration of the Term, or any renewal term of this Lease, or upon sooner termination of this Lease, at its own cost and expense, deliver possession of the Equipment to Lessor in the condition in which it is required to be maintained by Lessee hereunder, at a location within the United States designated by the Lessor; and (k) within sixty (60) days after the end of each fiscal quarter, deliver to Lessor a balance sheet as at the end of such quarter and statement of operations for such quarter, and within one hundred and twenty (120) days after the end of each fiscal year, deliver to Lessor a balance sheet as at the end of such year and statement of operations of such year, in each case prepared in accordance with generally accepted accounting principles and practices consistently applied and certified by Xxxxxx's chief financial officer as fairly presenting the financial position and results of operations of Lessee in accordance with generally accepted accounting principles, and, in the Leased Premises; (3) Cause all freight case of year end financial statements, certified, by an independent accounting firm reasonably acceptable to be delivered or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessor, which loading and storage shall not obstruct or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and use of the Office Building.

Affirmative Covenants of Lessee. As long as Lessee is in possession of the Leased Premises, Lessee shallLESSEE COVENANTS AND AGREES THAT HE WILL WITHOUT DEMAND: (1A) Keep PAYMENT OF RENT: Pay the Leased Premises rent and all other charges herein reserved as rent on the days and times and at the place that the same are made payable, without fail, and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor's rights. Lessee agrees that any charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charges or taxes, expenses, or costs herein agreed to be paid by the Lessee may be proceeded for and recovered by the Lessor by distraint or other process in a neat, sanitary the same manner as rent due and safe condition in accordance with all laws and rules; Lessee will contract and pay for janitorial services for the leased premises;arrears. (2B) Conduct its operations on the Leased Premises in accordance with all applicable laws and rules;CLEANING, REPAIRING, ETC.: THE AREA LEASED BY THE LESSEE SHALL BE MAINTAINED BY THE LESSEE AT THE LESSEE'S SOLE COST AND EXPENSE AS TO THE REMOVAL OF TRASH AND GENERAL OFFICE CLEANING. (1C) Pay prior to delinquency REQUIREMENTS OF PUBLIC AUTHORITIES: Comply with any and all income, corporate, franchise, excise, sales, employment, use and occupancy taxes, all withholdings, social security contributions, trust funds, contributions to health, welfare, benefit, pension, profit sharing and similar plansrequirements of any of the constituted public authorities, and with the terms of any and all taxes and assessments levied State or assessed during the term hereof, Federal statute or which do or may become liens against or upon all fixtures, furniture, equipment and any other personal property installed by or on behalf of Lessee or anyone holding all or any part of the Leased Premises through or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit or license required under any statute local ordinance or regulation applicable to any construction, occupancy, use, Lessee or activity by Lessee in the Leased Premises; (3) Cause all freight to be delivered or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessor, which loading and storage shall not obstruct or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and his use of the Office Buildingdemised premises, and save Lessor harmless from penalties, fines, costs or damages resulting from failure to do so. LESSEE SHALL BE RESPONSIBLE FOR THE MONTHLY PAYMENT FOR BUSINESS USE AND OCCUPANCY TAX FOR THEIR RESPECTIVE OFFICE. THIS TAX IS DUE AND PAYABLE PRIOR TO THE 15TH OF EACH MONTH. (D) FIRE: Use every reasonable precaution against fire. (E) RULES AND REGULATIONS: Comply with rules and regulations of Lessor promulgated as hereafter provided. (F) SURRENDER OF POSSESSION: Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly delivering to Lessor at his office or leasing office in Plaza 1080 all keys for the demised premises.

Affirmative Covenants of Lessee. As long as Lessee is in possession of the Leased Premises, Lessee shallcovenants and agrees that he will without demand: (1a) Pay the rent and all other charges herein reserved as rent at the times and at the place that the same are payable, without fail; and if Lessor shall at any time or times accept said rent or rent charges after the same shall have become delinquent, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor's rights. Lessee agrees that any charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other charges, expenses, or costs herein agreed to be paid by Lessee may be proceeded for and recovered by Lessor by legal process in the same manner as rent due and in arrears. (b) Keep the Leased Premises demised premises clean and free from all ashes, dirt and other refuse matter; replace all glass windows, doors, etc., broken; keep all waste and drain pipes open; repair all damage to plumbing and to the premises in a neatgeneral caused by the lessee; keep the same in good order and repair as they are now, sanitary reasonable wear and safe condition in accordance with all laws tear and rules; Lessee will contract and pay for janitorial services for the leased premises; (2) Conduct its operations on the Leased Premises in accordance with all applicable laws and rules; (1) Pay prior to delinquency any and all income, corporate, franchise, excise, sales, employment, use and occupancy taxes, all withholdings, social security contributions, trust funds, contributions to health, welfare, benefit, pension, profit sharing and similar plans, and any and all taxes and assessments levied damage by accidental fire or assessed during the term hereof, or which do or may become liens against or upon all fixtures, furniture, equipment and any other personal property installed by or on behalf casualty not occurring through negligence of Lessee or anyone holding all those employed by or acting for Lessee alone excepted. The Lessee agrees to surrender the demised premises in the same condition in which Lessee has herein agreed to keep the same during the continuance of this lease. (c) Lessor shall comply with any part requirements of any of the Leased Premises through constituted public authorities, and with the terms of any State or under Lessee; (2) Comply with all laws and ordinances of governmental authorities and all recommendations of the Fire Underwriters Rating Bureau and obtain at its expense each permit Federal statute or license required under any statute local ordinance or regulation applicable to any construction, occupancy, use, Lessee or activity by Lessee in the Leased Premises; (3) Cause all freight to be delivered or removed and all garbage and refuse- to be stored and removed only in areas so designated by Lessor, which loading and storage shall not obstruct or interfere with the use of Common Areas; (4) Use for office, clerical, storage or non-selling purposes only such space in the Leased Premises as is from time to time reasonably required for Lessee's business in the Leased Premises; (5) Conform to all reasonable rules which Lessor may promulgate from time to time relative to the operation and his use of the Office Buildingdemised premises. (d) Use every reasonable precaution against fire. (e) Comply with rules and regulations of Lessor promulgated as hereinafter provided. (f) Peaceably deliver up and surrender possession of the demised premises to the Lessor at the expiration or sooner termination of this lease, promptly delivering to Lessor at his office all keys for the demised premises. (g) Give to Lessor prompt written notice of any accident, fire, or damage occurring on or to the demised premises. (h) Lessee shall be responsible during the term of this lease; shall keep the pavement free from snow and ice; and shall be and hereby agrees that Lessee is solely liable for any accidents, due or alleged to be due to their defective condition, or to any accumulations of snow and ice. (i) The Lessee agrees that if, with the permission in writing of Lessor, Lessee shall vacate or decide at any time during the term of this lease, or any renewal thereof, to vacate the herein demised premises prior to the expiration of this lease, or any renewal hereof, Lessee will not cause or allow any other agent to represent Lessee in any sub-letting or reletting of the demised premises other than an agent approved by the Lessor and that should Lessee do so, or attempt to do so, the Lessor may remove any signs that may be placed on or about the demised premises by such other agent without any liability to Lessor or to said agent, the Lessee assuming all responsibility for such action. (j) Indemnify and save Lessor harmless from any and all loss occasioned by Lessee's breach of any of the covenants, terms and conditions of this lease, or caused by his family, guests, visitors, agents and employees.