Common use of CHARACTER OF OCCUPANCY Clause in Contracts

CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and use it in a careful, safe, and proper manner and 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 federal, state, city, quasi govemmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Laws") which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering the Building Complex nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Share.

CHARACTER OF OCCUPANCY. Tenant shall covenants and agrees to occupy the Premises for the Permitted Use and for no other purpose, and to use it them in a careful, safe, and proper manner and mariner; to pay on demand for any damage to the Premises caused 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 applicable federal, state, city, quasi govemmental and utility provider laws, codes, rules, and regulations now of the United States, the State of Colorado, or hereafter in effect any applicable municipality, governmental or quasi-governmental entity, including those relating to pollution, hazardous and toxic material control and/or environmental contamination ("Applicable Laws") now in effect, or which may hereafter be in effect, (i) which shall impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises; (ii) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (iii) that do not relate to the physical 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. Tenant agrees Tenant, its agents, employees, contractors or invitees shall not to 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 Complex nor Building. Tenant, its agents, employees, contractors or invitees shall Tenant not keep, store, produce generate or dispose of on, in or from the Premises Premises, the Building or the Building Complex Shopping Center any substance which may be deemed an a hazardous substance, toxic material, hazardous, toxic or infectious waste under any state, local or hazardous substance under federal rule, statute, law, regulation or ordinance as may be promulgated or amended from time to time, except for limited quantities used or stored in the Premises required in connection with routine office operation and maintenance (and then only in compliance with any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Share.

CHARACTER OF OCCUPANCY. Tenant shall covenants and agrees to occupy the Premises for the Tenant’s Permitted Use and for no other purpose, and to use it them in a careful, safe, safe and proper manner and manner; to pay on demand for any actual damage to the Premises caused solely 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 applicable federal, state, city, quasi govemmental and utility provider laws, codes, ordinances, rules, regulations and regulations now statutes of the United States, the State of Colorado, or hereafter any applicable municipality, governmental or quasi-governmental entity, or set forth in effect 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 Laws"”) now in effect, or which may hereafter be in effect, (a) which shall impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises; (b) regarding the physical condition of the Premises for those conditions which are the responsibility of Tenant under this Lease; or (c) that do not relate to the physical 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. Tenant agrees Tenant, its agents, employees, contractors or invitees shall not to store, keep, use, sell, 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 purchased by Tenant which is in force from time to time covering the Building Complex nor shall Tenant keepBuilding. Landlord agrees to comply with all Applicable Laws with respect to its ownership, storefinancing, produce use, repair, maintenance or dispose operation of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata ShareBuilding Complex.

CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and use it in a carefuland, safe, and proper manner and pay on demand for any damage subject to the Premises caused by misuse or abuse by Tenantterms and conditions of this Lease, Tenant's ’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, "“Tenant's ’s Agents"”) shall use the Premises for only the “Permitted Use”. The term “Permitted Use” shall be for general office and administrative purposes and any other lawful purpose which is suitable to office buildings in Denver, Colorado and its outlying suburban areas including (a) operations comprising and incidental to data center, network operations center, co-location data center, and electronics lab, (b) professional training, (c) conferencing, (d) commercial cooking and food service, (e) light assembly and systems integration and software services, (f) call center, (g) SCIF installation and use, and (h) health club and fitness operations; provided, however, the Permitted Use shall at all times be subject to Applicable Laws and any Declarations (as defined below). Tenant, at Tenant's ’s expense, shall comply with all applicable federal, state, city, quasi govemmental quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("“Applicable Laws"”) and any insurance policy covering the Building Complex which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises; provided, however, that Tenant shall not be required to make any changes to the Premises or changes in the Building Systems unless arising from Tenant’s specific use of the Premises (as distinguished from office use generally) or from Tenant’s Alterations (as defined below) or in connection with making reasonable accommodation for a specific 19506884v9 16 employee or employees of Tenant or Tenant’s Agents. Tenant covenants and agrees that nothing shall be done or kept on the Premises in violation of any Applicable Laws and that the Premises shall be used, kept and maintained in compliance with any Applicable Laws, any Declarations and with the certificate of occupancy issued for the Building and the Premises. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering the Building Complex nor shall if and to the extent such policy has been delivered to Tenant, does not contain any obligations in excess of what is required by Applicable Laws or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keepkeeps, storestores, produce produces or dispose disposes of on, in or from the Premises or the Building Complex any Hazardous Material or substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except Section 27.24.1 shall govern the same. For purposes of this Lease, “Declarations” means and refers to the easements and declarations listed on the attached Exhibit B-1, as they be amended in accordance with their terms. Notwithstanding anything contained in this Lease to the contrary, Landlord hereby agrees that Tenant may store, install and use on the Real Property, without violating the terms and provisions of this Lease, battery back-up systems and any oil, fuel or similar materials used in connection with any Generator or other Special Equipment, or any other materials that may be reasonably necessary for Tenant’s operation at the Building for the Permitted Use, all of which shall be stored and used in compliance with all Applicable Laws and any insurance policies applicable to the Building Complex if and to the extent such policy has been delivered to Tenant, does not contain any obligations in excess of what is required by Applicable Laws or is consistent with the requirements customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable lawcommercial office building insurance industry. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior anything contained herein to the Effective Datecontrary, Landlord hereby represents and warrants that, to the best of Landlord’s knowledge, that the Permitted Use will not violate the terms of this Section; provided, however, this representation and warranty will not apply to Tenant’s electronics laboratory which is a Permitted Use herein but which Landlord shall bear the reasonable cost of the removal of the Violating Substances does not specifically represent and none of the cost thereof shall be included in Tenant's Pro Rata Sharewarrant.

CHARACTER OF OCCUPANCY. Tenant shall 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 to use it them in a careful, safe, and proper manner and manner; to pay on demand for any damage to the Premises caused 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 applicable federal, state, city, quasi govemmental and utility provider laws, codes, rules, and regulations now or hereafter in effect of the United States, the State of Colorado, and of the County of Broomfield ("Applicable 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. Tenant shall not commit waste or suffer or permit waste to be committed or permit any commercial unreasonable nuisance on or in the Premises. Tenant agrees that (other than cleaning supplies, copier toner or other similar type products commonly found in commercial office space, provided such items are properly labeled, stored and disposed of in accordance with all Applicable Laws) it will not to 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 Complex nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning suppliesa 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 has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) agrees that, notwithstanding the provisions of Section 6, Tenant shall have been stored or generated at, released or discharged from or are present in the right of access to the Premises in violation of applicable law. Notwithstanding the foregoingtwenty-four (24) hours a day, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost all days of the removal calendar year, without the requirement of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Sharenotice to Landlord for access on times other than Ordinary Business Hours or on Public Holidays.

CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and use it in a careful, safe, and proper manner and pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant's ’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, "“Tenant's ’s Agents"”). Tenant, at Tenant's ’s expense, shall comply with all applicable federal, state, city, quasi govemmental quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("“Applicable Laws"”) which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises; provided, however, Tenant shall not be required to make any changes, additions or improvements to the structural elements of the Building or to any mechanical systems of the Building to comply with Applicable Laws unless such required compliance arises from (A) Alterations (as defined below) by Tenant after the Commencement Date or (B) Tenant’s particular use of the Premises (as distinguished from general office use) or in connection with making reasonable accommodation for a specific employee or employees. Landlord is responsible for complying with Applicable Laws relating to the Building (excluding the Premises following the date of delivery thereof) and its Common Areas existing as of the date hereof, including Title III of the Americans with Disabilities Act of 1990 (the “ADA”) and the costs of such compliance with existing Applicable Laws will be paid by Landlord and will not be charged back to Tenant. The method and timing of compliance will be within Landlord’s reasonable discretion. Landlord will include Landlord’s future compliance costs due to changes in or new Applicable Laws effective after the date of this Lease as an Operating Expense in accordance with Section 6 of this Lease. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering the Building Complex nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Share.

CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and use it in a careful, safe, and proper manner and 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"). The term "Permitted Use" shall mean: general office use for administrative, clerical, and professional office purposes, including customer support (the "Primary Use") and for activities ancillary thereto, such as (i) computer room, (ii) employee cafeteria and (iii) small equipment storage and testing (ancillary uses including the uses specified under clauses (i)-(iii), are referred to collectively as the "Ancillary Uses"), provided that Ancillary Uses shall not be the primary use of the Leased Premises; in addition, Tenant shall have the right to use the Leased Premises for such other uses as are permitted by Applicable Laws (as hereinafter defined) that are expressly approved by Landlord, which approval shall not be unreasonably withheld if such uses are consistent with first class suburban general office building uses and so long as in keeping with Building's first-class quality and allowed under PDC zoning applicable to the Building ("Specially Approved Uses"). Tenant shall be responsible for obtaining any approvals or permits required for the Ancillary Uses or Specially Approved Uses under Applicable Laws and the Declaration. Tenant, at Tenant's expense, shall comply with all applicable federal, state, city, quasi govemmental quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Laws") which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering the Building Complex nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Share.

CHARACTER OF OCCUPANCY. Tenant shall covenants and agrees to occupy the Premises for the Permitted Use and for no other purpose, and to use it them in a careful, safe, safe and proper manner and 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 applicable federal, state, city, quasi govemmental and utility provider laws, codes, rules, rules and regulations now of the United States, the State of Colorado, or hereafter in effect any applicable municipality, governmental or quasi- governmental entity, including those relating to pollution, hazardous and toxic material control and/or environmental contamination ("“Applicable Laws"”) now in effect, or which may hereafter be in effect, (i) which shall impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises; (ii) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (iii) that do not relate to the physical 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. Tenant agrees Tenant, its agents, employees, contractors or invitees shall not to store, keep, use, sell, 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 Complex nor Building. Tenant, its agents, employees, contractors or invitees shall Tenant not keep, store, produce generate or dispose of on, in or from the Premises Premises, the Building, or the Building Complex any substance which may be deemed an a hazardous substance, toxic material, hazardous, toxic or infectious waste under any state, local or hazardous substance under federal rule, statute, law, regulation or ordinance as may be promulgated or amended from time to time, except for limited quantities used or stored in the Premises required in connection with routine office operation and maintenance (and then only in compliance with any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Share.

CHARACTER OF OCCUPANCY. Tenant shall occupy the The Premises are to be 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 not use it or permit the Premises to be used for any ultra hazardous purpose which will increase the existing rate of insurance upon the Building or the Building Complex, pursuant to insurance regulations of the Colorado State Insurance Commissioner, or result in a carefulcancellation of any insurance policy covering the building, safe, and proper manner and pay on demand for any damage to the Premises caused by misuse or abuse by Tenant, Tenant's agents or employeesBuilding 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 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 Landlord's equivalent alternative insurance. 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 furnished or supplied under express this Lease; and Tenant further agrees not to connect with electrical wires or implied invitation water pipes any other apparatus, machinery or device without prior consent of Tenant (collectively, "Tenant's Agents"). Tenant, at Tenant's expense, Landlord which consent shall comply with all applicable federal, state, city, quasi govemmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Laws") which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premisesnot 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. Tenant agrees not and employees and all persons visiting or doing business with the Tenant in the Leased Premises shall be bound by and shall observe the Rules and Regulations attached to store, keep, use, sell, dispose of or offer this Lease as Exhibit "C". Landlord may propose and submit to Tenant for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering Tenant's approval such further and other reasonable written rules and regulations relating to the Building Complex nor or 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, shall not be responsible to Tenant keepfor non-observance by any other tenant or person of any such rules and regulations; provided, storehowever, produce or dispose of on, in or from that Landlord has and continues to make reasonable efforts to obtain compliance with such rules and regulations by all other tenants. Tenant shall not use the Premises or permit anything to be done in or about the Building Complex Premises which will, in any substance way, conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be deemed an infectious waste enacted or hazardous substance under any Applicable Laws, except customary office and cleaning supplies. Landlord has received no notification from any governmental authority that hazardous substances (as defined under U.S. federal environmental laws) have been stored or generated at, released or discharged from or are present in the Premises in violation of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law (the "Violating Substances"), and (2) the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Sharepromulgated.

CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and use it in a careful, safe, and proper manner and 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"). The term "Permitted Use" shall mean: general office use for administrative, clerical, and professional office purposes and the operation of internet and telecommunications services and Collocation Services (as defined in Section 14.7) (collectively, the "Primary Use") and for activities ancillary thereto (the "Ancillary Uses") provided that Ancillary Uses shall not be the primary use of the Premises, are permitted by Applicable Laws (as hereinafter defined), and are expressly approved by Landlord, which approval shall not be unreasonably withheld if such uses are consistent with first class suburban general office building uses and so long as in keeping with Building's first-class quality and allowed under PDC zoning applicable to the Building. Tenant shall be responsible for obtaining any approvals or permits required for the Ancillary Uses under Applicable Laws and the Declaration. Tenant, at Tenant's expense, shall comply with all applicable federal, state, city, quasi govemmental quasi-governmental and utility provider laws, codes, rules, and regulations now or hereafter in effect ("Applicable Laws") which impose any duty upon Landlord or Tenant with respect to the occupation or alteration of the Premises. Tenant shall not commit or permit waste or any nuisance on or in the Premises. Tenant agrees not to store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance prohibited by any insurance policy covering the Building Complex nor shall Tenant keep, store, produce or dispose of on, in or from the Premises or the Building Complex any substance which may be deemed an infectious waste or hazardous substance under any Applicable Laws, except customary office and cleaning suppliessupplies or supplies customarily associated with the Primary Use of the Premises that are disclosed to Landlord and are stored and used in accordance with Applicable Laws and applicable industry standards. Landlord has received no notification from any governmental authority that hazardous substances is responsible for complying with Applicable Laws relating to the Building (as defined under U.S. federal environmental lawsexcluding the Premises) have been stored or generated atand its Common Areas, released or discharged from or are present in including Title III of the Premises in violation Americans with Disabilities Act of applicable law. Notwithstanding the foregoing, if, during the Initial Term, it is discovered and established to Landlord's reasonable satisfaction that (a) hazardous materials (as defined under U.S. federal law) are present in the Premises in amounts and a manner that violates applicable law 1990 (the "Violating SubstancesADA")) and the costs of such compliance with existing Applicable Laws as of the date hereof will be paid by Landlord and will not be charged back to Tenant. The method and timing of compliance will be within Landlord's discretion. Tenant is responsible for compliance with all existing and any new Applicable Laws, including ADA, within the Premises. Landlord will include Landlord's future compliance costs due to changes in or new Applicable Laws as an Operating Expense in accordance with Exhibit C. To the extent that Tenant is responsible for compliance with Applicable Laws, Tenant shall have the right to contest by appropriate proceedings diligently conducted in good faith, in the name of Tenant or, with the prior written consent of Landlord, in the name of Landlord, or both, the validity or application of any Applicable Laws of any nature affecting Tenant or its use of the Premises. If compliance with any of such Applicable Laws legally may be delayed pending the prosecution of any proceeding, without incurring any lien, charge or liability of any kind against the Building and/or the Premises, or against Landlord's interest in the Building and/or the Premises or sale of the Building and/or the Premises, and (2) without subjecting Tenant or Landlord to any liability, civil or criminal, interest or penalty for failure to comply, Tenant may delay compliance until the Violating Substances were present in the Premises on or prior to the Effective Date; Landlord shall bear the reasonable cost final determination of the removal of the Violating Substances and none of the cost thereof shall be included in Tenant's Pro Rata Shareproceeding.