Common use of CHARACTER OF OCCUPANCY Clause in Contracts

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 2 contracts

Samples: Lease, Lease (Constant Contact, Inc.)

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CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled covenants and agrees to occupy the Premises as general offices and uses ancillary and related to, and consistent with, the use of the Premises as general offices, including, without limitation, the use of portions of the Premises for storage, for computer server storage and for standard office employee amenities (the "Permitted Use Use"), and for no other purpose, and shall to use them in a careful, safe, and proper manner; to pay on demand for any damage to the Premises caused by misuse or abuse thereof by Tenant, Tenant’s 's agents or employees, or of any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s 's expense, shall comply with all laws, codes, rules, and regulations of the United States, the State of Colorado, and of the County of Broomfield ("Applicable Legal Requirements Laws"), now in effect, or which may hereafter be in effect, which shall impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit waste or suffer or permit waste to be committed or permit any commercial unreasonable nuisance on or in the Premises. Notwithstanding the foregoing Tenant agrees that (other than cleaning supplies, copier toner or any other provision similar type products commonly found in commercial office space, provided such items are properly labeled, stored and disposed of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal RequirementsLaws) it will not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance which may be prohibited by any insurance policy in force from time to time covering the Building nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building any substance which may be deemed a Hazardous Substance (as hereinafter defined) (it being agreed that Tenant shall be permitted to install equipment permitted by Environmental Laws (as hereinafter defined) as "articles" thereunder). Landlord agrees that, notwithstanding the provisions of Section 6, Tenant shall have the right of access to the Premises twenty-four (24) hours a day, on all days of the calendar year, without the requirement of notice to Landlord for access on times other than Ordinary Business Hours or on Public Holidays.

Appears in 1 contract

Samples: Lease (Infocrossing Inc)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy the Premises used only for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent those purposes set forth in Section 6.1(5)(l) abovesubparagraph F of Paragraph 1 hereof and no other use. Tenant shall not commit or permit waste or any nuisance on or in Except for the Premises. Notwithstanding Special Use Approval, which Landlord has obtained and paid the foregoing or any other provision of this Leaseexpenses relating thereto, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own sole cost and expense, obtain all governmental licenses and permits required to allow Tenant to conduct Tenant’s Use. The parties acknowledge that a special use permit for the Premises was adopted by the City of Xxxx pursuant to Resolution PC-2009-06-051 (the “Special Use Approval”). Tenant agrees to comply with all applicable laws in connection with its use of the Premises including, without limitation, the foregoing Special Use Approval. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or permit anything to be brought into or kept therein, which would in any way (i) make void or voidable any fire or liability insurance policy then in force with respect to the Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or liability, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord’s reasonable opinion be likely to cause physical damage to the removal Building or any part thereof; (iv) constitute a public or private nuisance; (v) impair, in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them; (vii) impair or interfere with any of the Building services; or (viii) constitute waste. (c) Tenant shall not use the Premises nor 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 enacted or promulgated. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Landlord shall give prompt notice to Tenant of any notice it receives relative to the violation by Tenant of any law or requirement of any public authority with respect to the Premises or the use or occupation thereof. Further, Tenant shall not use the Premises or permit anything to be done on or about the Premises which will in any way conflict with or violate any private covenant, condition, or restriction recorded against the Building Complex, including, without limitation, the documents and disposal instruments creating and governing the condominium for the Building Complex, if applicable. (d) If the Landlord’s work in connection with making the Premises Ready for Occupancy shall not be in compliance with applicable law for a period of ten (10) days after either Tenant has notified Landlord of such circumstances or Landlord otherwise is made aware of the circumstances, or such additional time as may be required due to acts of Tenant’s refuse Parties or acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord’s reasonable control, then (i) Landlord shall, within ten (10) days of its receipt of such notice of non-compliance, either make such repair or, if the repair cannot reasonably be completed within such ten-day period, promptly commence the repair within such period and garbage. Disposal thereafter diligently pursue same to completion, and (ii) if Tenant is unable to and does not use the Premises in its entirety as a result of all refuse and garbage such violation, Base Rent hereunder shall thereafter be accomplished in accordance with all Applicable Legal Requirementsabated until such time as such violation has been corrected or Tenant begins using the Premises again, whichever shall first occur.

Appears in 1 contract

Samples: Lease Agreement (Somanetics Corp)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy used for general offices not inconsistent with the Premises for character and type of tenancy found in comparable office buildings of a similar size, use and character in the Permitted Use and Nortxxxxx Xxxxxxxx xxxx xx Xxxxxx, Xxxxxxxx xxx for no other purpose, and shall pay on demand for any damage to purpose without the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation prior written consent of Landlord. Tenant (collectively, “Tenant’s Agents”). Tenantshall, at Tenant’s its sole expense, shall comply with all Applicable Legal Requirements with respect laws applicable to the occupation or alteration its use of the Premises, provided Tenant shall not be responsible Premises and obtain all permits or licenses required for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in transaction of business at the Premises. Notwithstanding the foregoing or any other provision of this Lease, howeverforegoing, Tenant shall not be responsible for compliance with required to make any Applicable Legal Requirements capital improvements to the Premises in order to so comply. Any such improvements shall be performed by Landlord, and the costs shall be passed through as Operating Expenses and amortized as provided in Section 5(a)(3)A.(xiii). (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or the like requiring permit anything to be brought into or kept therein, which would in any way (i) structural repairs make void or modifications voidable any fire or liability insurance policy then in force with respect to the Building Complex, (ii) repairs make unobtainable from reputable insurance companies authorized to do business in the state where the Premises are located any fire insurance with extended coverage, or modifications liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates, (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the utility Building Complex or building service equipment except any part thereof, (iv) constitute a public or private nuisance, (v) impair, in the reasonable opinion of Landlord, the appearance, character or reputation of the Building Complex, (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants of the extent Building, (vii) impair or interfere with any of the same are due Building services or impair or interfere with or tend to Tenant’s negligence impair or willful misconduct interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building Complex, any such impairment or interference to be based upon the reasonable judgment of Landlord, (but viii) create waste in, on or around the costs of such repairs Premises, Building, or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below)Building Complex, or (iiix) installation (ix) make any noise or set up any vibration which will disturb other tenants, except in the course of new building service equipment, such as fire detection permitted repairs or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or alterations at times permitted by Landlord. (c) Tenant shall not use the Premises nor permit anything to be due done in or about the Premises or Building Complex which will in any way conflict with any law, statute, ordinance, protective covenants affecting the Building Complex or governmental or quasi-governmental rules or regulations now in force or which may hereafter be enacted or promulgated. Tenant shall give written notice within two (2) days from receipt thereof to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the negligence Premises or willful misconduct the use or occupation thereof. Landlord shall give prompt notice to Tenant of any notice it receives relative to the violation by Tenant of any law or requirement of any agent, employee, public authority with respect to the Premises or contractor of Tenantthe use or occupation thereof. 10.2 Tenant shall(d) Tenant, at its own cost by execution of this Lease and expenseoccupancy of the Premises, cause agrees to comply with any declaration of covenants, conditions and restrictions for the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.Westmoor Technology Park, now or hereafter entered

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

CHARACTER OF OCCUPANCY. 10.1 (a) The Premises are to be used only for those purposes set forth in subparagraph F of Paragraph 1 hereof and any other incidental use which is legally permitted and is not inconsistent with the character and type of tenancy found in first-class office buildings in the Detroit, Michigan Metropolitan Area. The parties hereto agree that Tenant shall be entitled have the right to occupy install a drive-up window and ATM machine (or in a kiosk in the parking lot) at the Premises for so long as Landlord can obtain all required municipal approvals therefore which Landlord shall undertake to obtain as part of the Permitted Use overall approval process. The design and for no other purposelocation of any kiosk shall be subject to the reasonable approval of Landlord. Tenant shall maintain and repair, at Tenant's sole expense, any such kiosk. Tenant shall also, at Tenant's expense, remove the kiosk at the expiration of the lease term and shall pay on demand for repair any damage to the Premises parking lot caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon such removal. The parties hereto. further agree that the Premises under express may only be occupied by the maximum number of persons stipulated in subparagraph G of Paragraph 1 hereof and in the event of any violation of such provision, Tenant agrees, upon notice from Landlord, to reduce the number of persons occupying the Premises to the maximum number set forth therein. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or implied invitation of Tenant permit anything to be brought into or kept therein, which would in any way (collectively, “Tenant’s Agents”)i) make void or voidable any fire or liability. Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements insurance policy then in force with respect to the occupation Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or alteration liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the Building or any part thereof (iv) constitute a public or private nuisance; (v) impair, provided in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants; (vii) impair or interfere with any of the Building services or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building, any such impairment or interference to be in the reasonable judgment of Landlord; (viii) increase on an ongoing periodic basis the pedestrian traffic in and out of the Premises or the Building above an ordinary level; (ix) constitute waste; or (x) make any noise or set up any vibration which will disturb other tenants, except in the course of permitted repairs or alterations. (c) Tenant shall not use the Premises nor permit anything to be responsible for structural repairs done in or alterations except to about the extent set forth Premises which will in Section 6.1(5)(l) aboveany way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not commit give prompt notice to Landlord of any notice it receives of the violation of any law or permit waste or requirement of any nuisance on or in public authority with respect to the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements Premises or the like requiring (i) structural repairs use or modifications or (ii) repairs or modifications occupation thereof. Landlord shall give prompt notice to Tenant of any notice it receives relative to the utility violation by Tenant of any law or building service equipment except requirement of any public authority with respect to the extent Premises or the same are due to Tenant’s negligence use or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenantoccupation thereof. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Office Building Lease (Michigan Heritage Bancorp Inc)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy occupied for office and light manufacturing uses not inconsistent with the Premises for character and type of tenancy found in comparable first-class office/light manufacturing buildings in the Permitted Use Boulder area and for no other purposepurpose without the prior written consent of Landlord. By way of limitation, the term "light manufacturing uses" shall include only the packaging and distribution of pharmaceutical products and not the manufacture or testing of pharmaceutical products. (b) Tenant shall pay on demand for any damage to not suffer nor permit the Premises caused by misuse nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or abuse by Tenantpermit anything to be brought into or kept therein, Tenant’s agents which would in any way (i) make void or employees, voidable any fire or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements liability insurance policy then in force with respect to the occupation Building Complex, (ii) make unobtainable from reputable insurance companies authorized to do business in Colorado any fire insurance with extended coverage, or alteration liability, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate, at standard rates, (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the Building Complex or any part thereof, (iv) constitute a public or private nuisance, (v) impair, in the reasonable opinion of Landlord, the appearance, character or reputation of the Building Complex, (vi) discharge objectionable fumes, vapors or odors into the air conditioning system or into any flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants of the Building Complex, (vii) impair or interfere with any of the Building Complex services or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building Complex by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building Complex, any such impairment or interference to be based upon the reasonable opinion of Landlord, (viii) increase on an ongoing periodic basis the pedestrian traffic in and out of the Premises or the Building Complex above an ordinary level, (ix) create waste in, on or around the Premises, provided Building, or Building Complex, or (x) make any noise or set up any vibration which will disturb other tenants, except in the course of permitted repairs or alterations at times permitted by Landlord. (c) Tenant shall not use the Premises nor permit anything to be responsible for structural repairs done in or alterations except to about the extent set forth Premises or Building Complex in Section 6.1(5)(l) aboveany way which will conflict with any law, statute, ordinance, protective covenants affecting the Building Complex or governmental or quasi-governmental rules or regulations now in force or which may hereafter be enacted or promulgated. Tenant shall not commit give prompt written notice to Landlord of any notice it receives of the violation of any law or permit waste or requirement of any nuisance on or in public authority with respect to the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements Premises or the like requiring (i) structural repairs use or modifications or (ii) repairs or modifications occupation thereof. Landlord shall give prompt written notice to Tenant of any notice it receives relative to the utility violation by Tenant of any law or building service equipment except requirement of any public authority with respect to the extent Premises or the same are due to Tenant’s negligence use or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenantoccupation thereof. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Annual Report

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Leased Premises for the Permitted Use and for no other purpose, and shall pay on demand use the Leased Premises in a careful, safe, and proper manner and shall be responsible for the prompt restoration of any damage to the Premises caused by misuse or abuse by TenantLeased Premises, Tenant’s agents or employeessubject, or any other person entering upon however, to the Premises under express or implied invitation of Tenant (collectivelywaiver provided in Section 7.8, “Tenant’s Agents”)above. Tenant, at Tenant’s 's expense, shall comply with all applicable federal, state, city, quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Legal Requirements Laws") which impose any duty with respect to the occupation or alteration of the Leased Premises, provided Tenant shall or which otherwise affect the Leased Premises, including, but not be responsible for structural repairs or alterations except limited to, any modifications to the extent set forth in Section 6.1(5)(l) aboveLeased Premises required by any such Applicable Laws arising subsequent to the Commencement Date of this Lease, except where non-compliance resulted from construction deficiencies or failure to comply with applicable codes during construction of the Base Building Improvements. Tenant shall not commit or permit waste or any nuisance on or in the Leased Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s 's refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal RequirementsLaws, ordinances, and regulations. 10.3 Tenant shall, during the entire Term of this Lease, including any extensions thereof, comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous or toxic substances and other environmental matters as the same shall be in existence during the Term hereof. All of the foregoing laws, regulations and requirements are hereinafter referred to as "Environmental Laws." Tenant shall obtain all environmental licenses, permits, approvals, authorizations, exemptions, classifications, certificates and registrations (hereinafter collectively referred to as "Permits") and make all applicable filings required of Tenant under the Environmental Laws and necessary to operate at the Leased Premises. The Permits and required filings shall be made available for inspection and copying by Landlord at Tenant's offices upon reasonable notice and during business hours. Tenant shall not cause or permit any flammable explosive, oil, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance (hereinafter collectively referred to as "Hazardous Substances") to be brought upon, kept or used in or about the Leased Premises except for such substances as are necessary for Tenant's business, provided that Tenant shall handle, store, use and dispose of any such Hazardous Substance in compliance with all applicable laws in a manner which is safe and does not contaminate the Leased Premises. Attached hereto as Exhibit C and incorporated herein by reference is a list of Hazardous Substances which Tenant shall keep or use in or about the Leased Premises in connection with its manufacturing activities. Except as set forth in Exhibit C, no other Hazardous Substances shall be brought upon the Leased Premises by Tenant unless Tenant shall first have given Landlord ten (10) days' prior written notice of its intent to introduce new Hazardous Substances on the Leased Premises, providing Landlord with such information as it shall require with respect to such new Hazardous Substances. If any governmental agency shall require testing to ascertain whether or not there has been any release of any Hazardous Substance on or about the Leased Premises during the Term of this Lease, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent. Tenant agrees to indemnify and hold Landlord harmless from any liability, claim or damage or expense (including reasonable attorneys' fees and the cost of any required or necessary repair, clean-up, remediation or detoxification) arising out of (i) the use, manufacture, handling, storage, disposal or release of any Hazardous Substances on, under or about the Leased Premises, or (ii) violation of Environmental Laws in any way relating to the Leased Premises. To the best of Landlord's knowledge, based upon its actual knowledge without investigation or inquiry, there are no Hazardous Substances located on or under the Leased Premises nor have the Leased Premises been used for the storage or disposal of such Hazardous Substances. Upon the existence of any Hazardous Substance on the Leased Premises which was deposited thereon prior to the commencement of this Lease, Landlord shall undertake commercially reasonable efforts to remove the same and agrees to indemnify and hold Tenant harmless from any liability, claim, damage or expense (including reasonable attorneys' fees and the cost of any required or necessary repair, clean-up, remediation or detoxification) arising out of the presence of any Hazardous Substances existing on the Leased Premises prior to the Commencement Date or any Hazardous Substances brought or introduced into the Leased Premises by Landlord, its agents or employees; provided, however, Landlord shall have no liability whatsoever for any violation of any Environmental Laws or any Hazardous Substances on, under or about the Leased Premises, unless Landlord violated such Environmental Laws or disposed of or spilled any Hazardous Substances on the Leased Premises. The foregoing covenants and indemnifications shall survive the expiration of the Term of this Lease.

Appears in 1 contract

Samples: Net Lease Agreement (Heska Corp)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled covenants and agrees to occupy the Premises for the Tenant’s Permitted Use and for no other purpose, and shall to use them in a careful, safe and proper manner; to pay on demand for any actual damage to the Premises caused solely by misuse or abuse thereof by Tenant, Tenant’s agents or employees, or of any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all laws, codes, ordinances, rules, regulations and statutes of the United States, the State of Colorado, or any applicable municipality, governmental or quasi-governmental entity, or set forth in any document of record in the real property records of Xxxxxxx County, Colorado affecting Tenant’s use of the Building Complex, including, without limitation, those related to pollution, air quality, hazardous and toxic material control, and or environmental contamination (collectively, “Applicable Legal Requirements Laws”) now in effect, or which may hereafter be in effect, (a) which shall impose any duty upon Tenant with respect to the occupation or alteration of the Premises, provided ; (b) regarding the physical condition of the Premises for those conditions which are the responsibility of Tenant shall under this Lease; or (c) that do not be responsible for structural repairs or alterations except relate to the extent set forth in Section 6.1(5)(l) abovephysical condition of the Premises but relate to the lawful use of the Premises and with which only the occupant can comply, such as laws governing maximum occupancy. Tenant shall not commit waste or suffer or permit waste to be committed or permit any nuisance on or in the Premises. Notwithstanding the foregoing Tenant, its agents, employees, contractors or any other provision of this Lease, however, Tenant invitees shall not be responsible store, keep, use, sell dispose of or offer for compliance with any Applicable Legal Requirements sale in, upon or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of from the Premises (as opposed any article or substance which may be prohibited by any insurance policy purchased by Tenant which is in force from time to office and call center use generally), or (c) be due time covering the Building. Landlord agrees to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance comply with all Applicable Legal RequirementsLaws with respect to its ownership, financing, use, repair, maintenance or operation of the Building and the Building Complex.

Appears in 1 contract

Samples: Office Building Lease (Ada-Es Inc)

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CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy used for THE general offices OF A PRIVATE --- ------------ BANKING CONCERN not inconsistent with the Premises for character and type of --------------- tenancy found in comparable first-class office buildings in the Permitted Use Denver Metropolitan area and for no other purpose, and purpose without the prior written consent of Landlord. Nothing contained in this Lease shall pay on demand for be deemed to give Tenant any damage exclusive right to such use in the Building or shall be deemed to be a warranty by Landlord that the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon are suitable for a particular use. During the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding the foregoing or any other provision of this Lease, howeverterm hereof, Tenant shall not be responsible for compliance with all present or future laws applicable to the use and occupancy of the Premises. Tenant shall procure, at its sole expense, all permits or licenses required for the transaction of business at the Premises. (b) Tenant shall not permit the Premises nor any Applicable Legal Requirements part thereof to be used in any manner, nor anything to be done therein, brought into, or the like requiring kept therein, which would in any way (i) structural repairs make void or modifications voidable any fire or liability insurance policy then in force with respect to the Building Complex, (ii) repairs make unobtainable from reputable insurance companies authorized to do business in the state where the Premises are located any fire insurance with extended coverage, or modifications liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate, at standard rates, (iii) cause, or in Landlord's reasonable opinion be likely to cause, physical damage to the utility Building Complex or building service equipment except any part thereof, (iv) constitute a public or private nuisance, (v) impair, in the opinion of Landlord, the appearance, character or reputation of the Building Complex, (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants of the extent Building (vii) impair or interfere with any of the same are due Building services or impair or interfere with or tend to Tenant’s negligence impair or willful misconduct interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building Complex, any such impairment or interference to be based upon the judgment of Landlord, (but viii) increase on an ongoing periodic basis the costs pedestrian traffic in and out of such repairs the Premises or modifications to the utility Building above an ordinary level, OF A PRIVATE BANKING CONCERN (ix) create waste in, on or building service equipment which are not around the result of original defects in construction Premises, Building, or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below)Building Complex, or (iiix) installation make any noise or set up any vibration which will disturb other tenants, except in the course of new building service equipment, such as fire detection permitted repairs or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or alterations at times permitted by Landlord. (c) Tenant shall not KNOWINGLY use the Premises nor permit anything to be due --------- done in or about the Premises or Building Complex which will in any way conflict with any law, statute, ordinance, protective covenants, conditions or restrictions affecting the Building Complex or governmental or quasi-governmental rules or regulations now in force or which may hereafter be enacted or promulgated. Tenant shall give written notice within two (2) days from receipt thereof to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the negligence Premises or willful misconduct the use or occupation thereof. Landlord shall give prompt WRITTEN notice to ------- Tenant of any notice it receives relative to the violation by Tenant of any law or requirement of any agent, employee, public authority with respect to the Premises or contractor of Tenantthe use or occupation thereof. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Office Building Lease (Colorado Business Bankshares Inc)

CHARACTER OF OCCUPANCY. 10.1 (a) The Premises are to be used only for those purposes set forth in subparagraph F of Paragraph 1 hereof and any other incidental use which is legally permitted and is not inconsistent with the character and type of tenancy found in first-class office buildings in the Detroit, Michigan Metropolitan Area. The parties hereto agree that Tenant shall be entitled have the right to occupy install a drive-up window and ATM machine (or in a kiosk in the parking lot) at the Premises for so long as Landlord can obtain all required municipal approvals therefor, which Landlord shall undertake to obtain as part of the Permitted Use overall approval process. The design and for no other purposelocation of any kiosk shall be subject to the reasonable approval of Landlord. Tenant shall maintain and repair, at Tenant's sole expense, any such kiosk. Tenant shall also, at Tenant's expense, remove the kiosk at the expiration of the lease term and shall pay on demand for repair any damage to the Premises parking lot caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon such removal. The parties hereto further agree that the Premises under express may only be occupied by the maximum number of persons stipulated in subparagraph G of Paragraph 1 hereof and in the event of any violation of such provision, Tenant agrees, upon notice from Landlord, to reduce the number of persons occupying the Premises to the maximum number set forth therein. (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or implied invitation of Tenant permit anything to be brought into or kept therein, which would in any way (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements i) make void or voidable any fire or liability insurance policy then in force with respect to the occupation Building; (ii) make unobtainable from reputable insurance companies authorized to do business in Michigan any fire insurance with extended coverage, or alteration liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates provided Tenant is not deprived of its intended use of the Premises; (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the Building or any part thereof; (iv) constitute a public or private nuisance; (v) impair, provided in the reasonable opinion of Landlord, the appearance, character or reputation of the Building; (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants; (vii) impair or interfere with any of the Building services or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building, any such impairment or interference to be in the reasonable judgment of Landlord; (viii) increase on an ongoing periodic basis the pedestrian traffic in and out of the Premises or the Building above an ordinary level; (ix) constitute waste; or (x) make any noise or set up any vibration which will disturb other tenants, except in the course of permitted repairs or alterations. (c) Tenant shall not use the Premises nor permit anything to be responsible for structural repairs done in or alterations except to about the extent set forth Premises which will in Section 6.1(5)(l) aboveany way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall not commit give prompt notice to Landlord of any notice it receives of the violation of any law or permit waste or requirement of any nuisance on or in public authority with respect to the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not be responsible for compliance with any Applicable Legal Requirements Premises or the like requiring (i) structural repairs use or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship occupation thereof. Landlord shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.give prompt

Appears in 1 contract

Samples: Office Building Lease (Michigan Heritage Bancorp Inc)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall (a) The Premises are to be entitled to occupy used for general offices not inconsistent with the Premises for character and type of tenancy found in comparable office buildings of a similar size, use and character in the Permitted Use and Nortxxxxx Xxxxxxxx xxxx xx Xxxxxx, Xxxxxxxx xxx for no other purpose, and shall pay on demand for any damage to purpose without the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation prior written consent of Landlord. Tenant (collectively, “Tenant’s Agents”). Tenantshall, at Tenant’s its sole expense, shall comply with all Applicable Legal Requirements with respect laws applicable to the occupation or alteration its use of the Premises, provided Tenant shall not be responsible Premises and obtain all permits or licenses required for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) above. Tenant shall not commit or permit waste or any nuisance on or in transaction of business at the Premises. Notwithstanding the foregoing or any other provision of this Lease, howeverforegoing, Tenant shall not be responsible for compliance with required to make any Applicable Legal Requirements capital improvements to the Premises in order to so comply. Any such improvements shall be performed by Landlord, and the costs shall be passed through as Operating Expenses and amortized as provided in Section 5(a)(3)A.(xiii). (b) Tenant shall not suffer nor permit the Premises nor any part thereof to be used in any manner, nor anything to be done therein, nor suffer or the like requiring permit anything to be brought into or kept therein, which would in any way (i) structural repairs make void or modifications voidable any fire or liability insurance policy then in force with respect to the Building Complex, (ii) repairs make unobtainable from reputable insurance companies authorized to do business in the state where the Premises are located any fire insurance with extended coverage, or modifications liability, elevator, boiler or other insurance required to be furnished by Landlord under the terms of any lease or mortgage to which this Lease is subordinate at standard rates, (iii) cause or in Landlord's reasonable opinion be likely to cause physical damage to the utility Building Complex or building service equipment except any part thereof, (iv) constitute a public or private nuisance, (v) impair, in the reasonable opinion of Landlord, the appearance, character or reputation of the Building Complex, (vi) discharge objectionable fumes, vapors or odors into the Building air conditioning system or into the Building flues or vents not designed to receive them or otherwise in such manner as may unreasonably offend other occupants of the extent Building, (vii) impair or interfere with any of the same are due Building services or impair or interfere with or tend to Tenant’s negligence impair or willful misconduct interfere with the use of any of the other areas of the Building by, or occasion discomfort, or annoyance to Landlord or any of the other tenants or occupants of the Building Complex, any such impairment or interference to be based upon the reasonable judgment of Landlord, (but viii) create waste in, on or around the costs of such repairs Premises, Building, or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below)Building Complex, or (iiiix) installation make any noise or set up any vibration which will disturb other tenants, except in the course of new building service equipment, such as fire detection permitted repairs or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or alterations at times permitted by Landlord. (c) Tenant shall not use the Premises nor permit anything to be due done in or about the Premises or Building Complex which will in any way conflict with any law, statute, ordinance, protective covenants affecting the Building Complex or governmental or quasi-governmental rules or regulations now in force or which may hereafter be enacted or promulgated. Tenant shall give written notice within two (2) days from receipt thereof to Landlord of any notice it receives of the violation of any law or requirement of any public authority with respect to the negligence Premises or willful misconduct the use or occupation thereof. Landlord shall give prompt notice to Tenant of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.notice it receives relative to the

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall be entitled to occupy the Premises for the Permitted Use and for no other purpose, and shall pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”). Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises, provided Tenant shall not be responsible for structural repairs or alterations except to the extent set forth in Section 6.1(5)(l) aboveabove or required as a result of the negligence or willful misconduct of Tenant, its contractors, agents, employees and/or invitees. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Notwithstanding the foregoing or any other provision of this Lease, however, Tenant shall not not, except pursuant to Section 6.1(5)(l) above or as a result of the negligence or willful misconduct of Tenant, its contractors, agents, employees and/or invitees, be responsible for compliance with any Applicable Legal Requirements Requirements, or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed to office and call center use generally), or (c) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Lease (Constant Contact, Inc.)

CHARACTER OF OCCUPANCY. 10.1 Tenant shall The Premises are to be entitled to occupy the Premises used for the Permitted Use general offices of a financial institution with a depository operation (including by way of example and not by way of limitation, legal offices and all accounting, billing and administrative tasks associated therein) and for no other purposepurpose without the prior written consent of Landlord, and which consent will not be unreasonably withheld. Further, Tenant shall pay on demand not use or permit the Premises to be used for any damage ultra hazardous purpose which will increase the existing rate of insurance upon the Building or the Building Complex, pursuant to insurance regulations of the Premises caused by misuse Colorado State Insurance Commissioner, or abuse by Tenantresult in a cancellation of any insurance policy covering the building, Tenant’s agents or employeesthe Building Complex, or any other person entering part thereof, pursuant to generally accepted insurance industry underwriting procedures; provided, however, that if such use is necessary to Tenant's business, Tenant may use the Premises for such ultra hazardous purpose if Tenant makes arrangements for alternative insurance upon the Premises Building and/or the Building Complex equivalent to Landlord's existing insurance and Tenant pays all insurance premiums in excess of those which would have been due by Landlord under express or implied invitation of Tenant (collectively, “Tenant’s Agents”)Landlord's equivalent alternative insurance. Tenant, at Tenant’s expense, shall comply with all Applicable Legal Requirements with respect to the occupation or alteration of the Premises, provided Tenant shall not use any apparatus, machinery or device in or about the Premises which shall make any noise or set up any vibration, with the exception of security systems, mailing equipment, standard depository institution equipment and computers, which will materially disturb other tenants. Other than standard office and financial institution equipment (including computer equipment), Tenant shall not in any way increase the amount of electricity, gas or water agreed to be responsible for structural repairs furnished or alterations except supplied under this Lease; and Tenant further agrees not to the extent set forth in Section 6.1(5)(l) aboveconnect with electrical wires or water pipes any other apparatus, machinery or device without prior consent of Landlord which consent shall not be unreasonably withheld. Tenant shall not commit waste nor suffer or permit waste or to be committed nor permit any nuisance on in or in about the Premises. Notwithstanding Tenant and employees and all persons visiting or doing business with the foregoing Tenant in the Leased Premises shall be bound by and shall observe the Rules and Regulations attached to this Lease as Exhibit "C". Landlord may propose and submit to Tenant for Tenant's approval such further and other reasonable written rules and regulations relating to the Building Complex or any other provision the Leased Premises which Landlord shall deem appropriate. Such proposed rules and regulations shall become effective upon approval by Tenant, which approval shall not be unreasonably withheld for a period in excess of thirty (30) days of receiving written notice from Landlord of such proposed rules or regulations, giving Landlord a written explanation of the basis for Tenant's disapproval. Any such additional rules and regulations shall, upon approval by Tenant, be deemed to be incorporated and formed into this Lease. Any uncured default in the performance or observance of the rules and regulations shall be in default hereunder and Landlord shall have all remedies provided for in this Lease in the event of default by Tenant. Landlord, however, Tenant shall not be responsible to Tenant for non-observance by any other tenant or person of any such rules and regulations; provided, however, that Landlord has and continues to make reasonable efforts to obtain compliance with any Applicable Legal Requirements or the like requiring (i) structural repairs or modifications or (ii) repairs or modifications to the utility or building service equipment except to the extent the same are due to Tenant’s negligence or willful misconduct (but the costs of such repairs or modifications to the utility or building service equipment which are rules and regulations by all other tenants. Tenant shall not the result of original defects in construction or workmanship shall constitute an Operating Expense as set forth in Section 11.1 below), or (iii) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations described in (i) through (iii) above shall (a) be required pursuant to Section 6.1(5)(l) above, and in such an event only to the extent so required, (b) be due to Tenant’s particular manner of use of the Premises (as opposed or permit anything to office and call center use generally)be done in or about the Premises which will, in any way, conflict with any law, statute, ordinance or (c) governmental rule or regulation now in force or which may hereafter be due to the negligence enacted or willful misconduct of Tenant or any agent, employee, or contractor of Tenantpromulgated. 10.2 Tenant shall, at its own cost and expense, cause the removal and disposal of Tenant’s refuse and garbage. Disposal of all refuse and garbage shall be accomplished in accordance with all Applicable Legal Requirements.

Appears in 1 contract

Samples: Office Building Lease (Solera National Bancorp, Inc.)

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