CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and, subject to the terms and conditions of this Lease, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’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 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 Laws”) and any insurance policy covering the Building Complex which impose any duty upon 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 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 keeps, stores, produces or disposes of on, in or from the Premises or the Building Complex any Hazardous Material or substance which may be deemed an infectious waste under any Applicable Laws, 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 does not specifically represent and warrant.
Appears in 1 contract
Samples: Lease Agreement (Tw Telecom Inc.)
CHARACTER OF OCCUPANCY. Tenant shall covenants and agrees to occupy the Premises for the Permitted Use and for no other purpose, andand to use them in a careful, subject safe and proper manner; to pay on demand for any damage to the terms and conditions of this LeasePremises 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”) 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 expense, shall comply with all applicable federal, state, city, quasi-governmental 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”) and any insurance policy covering the Building Complex 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; provided(ii) regarding the physical condition of the Premises, however, that Tenant shall not be required to make any changes 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 or changes in but relate to the Building Systems unless arising from Tenant’s specific lawful 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 which only the certificate of occupancy issued for the Building and the Premisesoccupant 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 if and to the extent such policy has been delivered to Building. Tenant, does its agents, employees, contractors or invitees shall not contain any obligations in excess of what is required by Applicable Laws keep, store, generate or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose of on, in or from the Premises Premises, the Building, or the Building Complex any Hazardous Material or substance which may be deemed an a hazardous substance, toxic material, hazardous, toxic or infectious waste under any Applicable Lawsstate, Section 27.24.1 shall govern local or 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 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 Premises required in connection with any Generator or other Special Equipment, or any other materials that may be reasonably necessary for Tenant’s routine office operation at the Building for the Permitted Use, all of which shall be stored and used maintenance (and then only in compliance with all any 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 does not specifically represent and warrantLaws).
Appears in 1 contract
CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, andand use it in a careful, subject safe, and proper manner and pay on demand for any damage to the terms and conditions of this LeasePremises 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”) shall use the Premises for only the “Permitted Use”"). 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 general office and administrative purposes and obtaining 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, approvals or permits required for the Permitted Use shall at all times be subject to Ancillary Uses under Applicable Laws and any Declarations (as defined below)the Declaration. 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 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 if and to the extent such policy has been delivered to Tenantnor shall Tenant keep, does not contain any obligations in excess of what is required by Applicable Laws store, produce or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose 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, Section 27.24.1 shall govern except customary office and cleaning supplies or supplies customarily associated with the same. For purposes Primary Use of this Lease, “Declarations” means the Premises that are disclosed to Landlord 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 are stored and used in accordance with Applicable Laws and applicable industry standards. Landlord is responsible for complying with Applicable Laws relating to the Building (excluding the Premises) and its Common Areas, including Title III of the Americans with Disabilities Act of 1990 (the "ADA") 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 and 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 insurance policies applicable to 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 Complex if and to and/or the extent such policy has been delivered to TenantPremises, does not contain any obligations in excess of what is required by Applicable Laws or is consistent with the requirements customary against Landlord's interest in the commercial office building insurance industry. Notwithstanding anything contained herein Building and/or the Premises or sale of the Building and/or the Premises, and without subjecting Tenant or Landlord to any liability, civil or criminal, interest or penalty for failure to comply, Tenant may delay compliance until the contrary, Landlord hereby represents and warrants that, to final determination of 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 does not specifically represent and warrantproceeding.
Appears in 1 contract
CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, and, subject to the terms and conditions of this Lease, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’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-governmental and utility provider laws, codes, rules, and aid 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 arising from Tenant's use and occupancy of the Premises; , provided, however, that Tenant shall not be required to make any changes have no obligation for non-compliance with respect to the Premises or changes in Building Expansion Area arising prior to the date possession of the Building Systems unless arising Expansion Area is delivered to Tenant. Tenant represents, warrant and covenants to Landlord that:
(1) Tenant and the Premises will remain in compliance with all Applicable Laws (including consent decrees and administrative orders) relating to public health and safety and protection of the environment, including those statutes, laws, regulations, and ordinances identified in subsection (6) (f) below all as amended and modified from Tenant’s specific time to time (collectively, "Environmental Laws"). Tenant will obtain and comply with all governmental permits relating to the use or operation of the Premises (as distinguished required by applicable Environmental Laws. Tenant will conduct and complete all investigations, studies, sampling, and testing procedures and all remedial, removal, and other actions necessary to clean up and remove all hazardous materials on, from office use generally) or affecting the Premises which arise from Tenant’s Alterations (as defined below) 's use or in connection with making reasonable accommodation for a specific 19506884v9 16 employee or employees occupancy of Tenant or Tenant’s Agents. Tenant covenants and agrees that nothing shall be done or kept on the Premises in violation accordance with a applicable Environmental Laws.
(2) Tenant will not permit to occur any release, generation, manufacture, storage, treatment, transportation, or disposal of "hazardous material," as that term is defined in subsection (6) below, on, in, under, or from the Premises. Tenant will promptly notify Landlord, in writing, if Tenant has or acquires notice or knowledge that any Applicable Laws hazardous material has been or is threatened to be released, discharged, disposed of, transported, or stored on, in, under, or from the Premises; and that if any hazardous material is found on the Premises Premises, Tenant, at its own cost and expense, will immediately take such action as is necessary to certain the spread of and remove the hazardous material in accordance with all Environmental Laws. This paragraph (2) shall be usednot apply to any release, kept generation, manufacture, storage, treatment, transportation or disposal of "hazardous material" which does not arise out of Tenant's use and maintained in compliance with any Applicable Laws, any Declarations and with the certificate occupancy of occupancy issued for the Building and the Premises. Tenant shall not commit be liable or permit waste be responsible for any spill, deposit, emission, disposal, release, generation, transportation, leakage, handling, management, storage, potential or actual impacts or contamination by any nuisance hazardous material on the Premises that occurred before, and may continue during, Tenant's occupancy of the Premises or in which does not arise out of Tenant's use or manner of use of the Premises.
(3) Tenant will immediately notify Landlord and provide copies upon receipt of all written complaint claims, citations, demands, inquiries, reports, or notices relating to the condition of the Premises or compliance with Environmental Laws. Tenant will promptly supply Landlord with copies of all notices, reports, correspondence, and submissions made by Tenant to the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, and any other local, state, or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to Environmental Laws. Tenant will promptly cure and have dismissed with prejudice any such actions and proceeding arising out of Tenant's use and occupancy of the Premises. Tenant agrees not will keep the Premises free of any lien imposed pursuant to storeany Environmental Law arising out of Tenant's use and occupancy of the Premises. Tenant will promptly notify Landlord of any liens threatened or attached against the Premises pursuant to any Environmental Law. If such a lien is filed against the Premises, keepthen, usewithin the earlier of 20 days or 5 days less than the period to remove the liens set forth in any underlying mortgage or lease from the date that the lien is placed against the Premises, selland before any governmental authority commences proceedings to sell the Premises pursuant to the Lien, dispose of or offer for sale in, upon or Tenant will either (x) pay the claim and remove the lien from the Premises any article or substance prohibited by any (y) furnish either (i) a bond or cash deposit reasonably satisfactory to Landlord and Landlord's insurance policy covering company in an amount not less than the Building Complex if claim from which the lien arises; or (ii) other security satisfactory to Landlord to and to any superior mortgagee or lessee in an amount not less than that which is sufficient to discharge the extent claim from which the lien arises.
(4) Landlord and Landlord's agents, servants, and employees including, without limitation, legal counsel and environmental consultants and engineers retained by Landlord, may (but without the obligation or duty so to do), at any time and from time to time, on not less than 10 business days' notice to Tenant (except in the event of an emergency in which case no notice will be required), inspect the Premises to determine whether Tenant is complying with Tenant's obligations set forth in this section, and to perform environmental inspections and sampling, during regular business hours (except in the event of an emergency) or during such policy other hours as Landlord and Tenant may agree. If Tenant is not in compliance, Landlord will have the right, in addition to Landlord's other remedies available at law and in equity, to enter upon the Premises immediately and take such action as Landlord in its sole judgment deems appropriate to remediate any actual or threatened contamination caused by Tenant's failure to comply. Landlord will use reasonable efforts to minimize interference with Tenant's business but will not be liable for any interference caused by Landlord's entry and remediation efforts. Upon completion of any sampling or testing Landlord will (at Tenant's expense if Landlord's actions are a result of Tenant's default under this section) restore the affected area of the Premises from any damage caused by Landlord's sampling and testing.
(5) Tenant shall, within 60 days after written notice thereof by Landlord, take such actions as may be reasonably necessary to comply with Environmental Laws, provided however if such compliance cannot be reasonably completed within 60 days, then Tenant shall commence such reasonably necessary actions within such period of time and thereafter diligently proceed to comply will all requirement of such governmental authority. If Tenant fails to timely take or diligently or expeditiously proceed to complete in a timely fashion any such action, then, Landlord may cause the removal (or other cleanup acceptable to Landlord) of any hazardous materials from the Premises. The costs of hazardous materials removal and any other cleanup (including transportation and storage costs) will be additional rent under this Lease, whether or not a court has been delivered ordered the cleanup, and such costs shall become due and payable on demand by Landlord. Tenant will give Landlord, its agents, and employee's access to the Premises to remove or otherwise clean up any hazardous material. Landlord, however, has no affirmative obligations to remove or otherwise clean up any hazardous material, and this Lease will not be construed as creating any such obligation.
(6) Tenant agrees to indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant's sole cost), and hold Landlord and Landlord's affiliates, shareholders, directors, officers, employees, and agents free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (excluding consequential damages), disbursements, or expenses of any kind (including attorneys and experts fees and expenses and fees and expenses incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord or any of them in connection with or arising from or out of Tenant's use or occupancy of the Premises and:
(a) the release of any hazardous material on, in, under, or affecting all on any portion of the Premises by Tenant or any of its agents, servants, and employees;
(b) any misrepresentation, inaccuracy or breach of any warranty, covenant, or agreement by Tenant contained or referred to in this section;
(c) any violation or claim of violation by Tenant of any Environmental Law; or
(d) the imposition of any lien for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of hazardous material by Tenant or any of its agents, servants, and employees. This indemnification is the personal obligation of Tenant and will survive termination of this Lease. Tenant, does its successors, and assigns waive, release, and agree not contain to make any obligations claim or bring any cost recovery action against Landlord under CERCLA, as that term is defined in excess of what is required by Applicable Laws subsection (f), or is consistent with the requirements customary in the commercial office building insurance industryany state equivalent or any similar law now existing or enacted after this date. To the extent Tenant keeps, stores, produces or disposes of on, in or from the Premises or the Building Complex any Hazardous Material or substance which may be deemed an infectious waste that Landlord is strictly liable under any Applicable Lawssuch law, regulation, ordinance, or requirement, Tenant's obligation to Landlord under this indemnity will likewise be without regard to fault on the part of Tenant with respect to the violation or condition that result in liability to Landlord.
(e) The provisions of this Section 27.24.1 shall govern the same. will be in addition to any and all obligations and liabilities Tenant may have to Landlord at common law, and will survive this Lease.
(f) For purposes of this Lease, “Declarations” "hazardous material" means (i) "hazardous substances" or "toxic substances" as those terms are defined by the Comprehensive Environmental Response, Compensation, and refers to Liability Act (CERCLA), 42 U.S. Section 9601 et seq., or the easements Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, all as amended and declarations listed on the attached Exhibit B-1amended after this date (ii) "hazardous wastes, as they be that term is defined by the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Section 6901 et seq.. as amended in accordance with their terms. Notwithstanding anything contained in and amended after this Lease to the contrarydate; (iii) any pollutant or contaminants or hazardous, 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 Equipmentdangerous, or toxic chemicals, materials, or substances with in the meaning of any other materials that may be reasonably necessary for Tenant’s operation at the Building for the Permitted Useapplicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste substance or material, all of which shall be stored and used in compliance with all Applicable Laws and as amended or amended after this date, (iv) crude oil or 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 fraction thereof which is a Permitted Use herein but which Landlord does not specifically represent liquid at standard conditions of temperature and warrantpressure (61 degrees Fahrenheit and 14.7 pounds per square inch absolute); (v) any radioactive material, including any source, special nuclear or by-product material as defined at 42 U.S.C. Section 2011 et seq., as amended and amended after this date; (vi) asbestos in any form or condition; and (vii) polychlorinated biphenyls (PCBs) or substances or compounds containing PCBs.
Appears in 1 contract
Samples: Industrial/Commercial Lease Agreement (Directed Electronics, Inc.)
CHARACTER OF OCCUPANCY. 10.1 Tenant shall occupy the Premises for the Permitted Use and for no other purpose, andand use it in a careful, subject to the terms safe, and conditions of this Lease, Tenant’s agents or employees, or any other person entering upon the Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”) shall use the Premises for only the “Permitted Use”proper manner. The term “"Permitted Use” " shall mean: general business office use (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 zoning applicable to the Building. Tenant shall be responsible for general office and administrative purposes and obtaining 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, approvals or permits required for the Permitted Use shall at all times be subject to Ancillary Uses under Applicable Laws and any Declarations the declaration of protective covenants applicable to the Real Property (as defined belowthe "Declaration"). Subject to Landlord's obligations under Sections 10 and 11 hereof, Tenant, at Tenant’s 's expense, shall comply with the Declaration and all applicable federal, state, city, 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 if and to the extent such policy has been delivered to Tenantnor shall Tenant keep, does not contain any obligations in excess of what is required by Applicable Laws store, produce or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose of on, in or from the Premises or the Building Complex any Hazardous Material Materials, except customary office and cleaning supplies customarily associated with the Permitted Use of the Premises that are disclosed to Landlord and are stored and used in accordance with Applicable Laws and applicable industry standards. At the expiration or substance which may be deemed an infectious waste under any Applicable Laws, Section 27.24.1 shall govern the same. For purposes earlier termination of this Lease, “Declarations” means and refers Tenant shall surrender the Premises to Landlord free of Hazardous Materials (except to the easements and declarations listed on extent that any such Hazardous Materials were brought into the attached Exhibit B-1Premises by Landlord, as they be amended in accordance with their terms. Notwithstanding anything contained in this Lease to the contraryits employees, 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 Equipmentcontractors, 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 agents) and used in compliance with all Applicable Environmental Laws (except to the extent any such non-compliance was caused by Landlord or its agents, employees or contractors). As used in this Lease, "Hazardous Materials" means (a) asbestos and any insurance policies asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a "hazardous substance," "hazardous material," "hazardous waste," "infectious waste," "toxic substance," "toxic pollutant" or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or byproduct material), medical waste, chlorofluorocarbon, lead or lead-based product, and (d) any other substance whose presence could be detrimental to the Buildings, Land or Complex or hazardous to health or the environment. "Environmental Law" means any present and future law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of governmental authorities applicable to the Building Buildings, Land, or Complex if and relating to the extent such policy has been delivered environment and environmental conditions or to Tenantany Hazardous Material (including, does not contain without limitation, CERCLA, 42 U.S.C. (S) 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. (S) 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. (S) 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. (S) 1251 et seq., the Clean Air Act, 33 U.S.C. (S) 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. (S) 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. (S) 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. (S) 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. (S) 651 et seq., and any obligations in excess so- called "Super Fund" or "Super Lien" law, any Law requiring the filing of what is required reports and notices relating to hazardous substances, environmental laws administered by Applicable Laws the Environmental Protection Agency, and any similar state and local laws, all amendments thereto and all regulations, orders, decisions, and decrees now or is consistent with hereafter promulgated thereunder concerning the requirements customary in the commercial office building insurance industry. Notwithstanding anything contained herein to the contraryenvironment, 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 does not specifically represent and warrantindustrial hygiene or public health or safety).
Appears in 1 contract
Samples: Lease Agreement (Lifeminders Inc)
CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, andand use it in a careful, subject safe, and proper manner and pay on demand for any damage to the terms and conditions of this LeasePremises 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”) 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-governmental quasi govemmental 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 if and to the extent such policy has been delivered to Tenantnor shall Tenant keep, does not contain any obligations in excess of what is required by Applicable Laws store, produce or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose 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, Section 27.24.1 shall govern 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 samePremises in violation of applicable law. For purposes of this LeaseNotwithstanding the foregoing, “Declarations” means if, during the Initial Term, it is discovered and refers 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 easements Effective Date; Landlord shall bear the reasonable cost of the removal of the Violating Substances and declarations listed on none of 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 cost thereof shall be stored and used included 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 does not specifically represent and warrant's Pro Rata Share.
Appears in 1 contract
CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, andand use it in a careful, subject safe, and proper manner and pay on demand for any damage to the terms and conditions of this LeasePremises 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”) shall use the Premises for only the “Permitted Use”"). 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 general office and administrative purposes and obtaining 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, approvals or permits required for the Permitted Use shall at all times be subject to Ancillary Uses or Specially Approved Uses under Applicable Laws and any Declarations (as defined below)the Declaration. 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 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 if and to the extent such policy has been delivered to Tenantnor shall Tenant keep, does not contain any obligations in excess of what is required by Applicable Laws store, produce or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose 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, Section 27.24.1 shall govern the same. For purposes of this Lease, “Declarations” means except customary office 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 does not specifically represent and warrantcleaning supplies.
Appears in 1 contract
CHARACTER OF OCCUPANCY. Tenant shall occupy the Premises for the Permitted Use and for no other purpose, andand use it in a careful, subject safe, and proper manner and pay on demand for any damage to the terms and conditions of this LeasePremises 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”) 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 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 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 changes, additions or improvements to the Premises or changes in structural elements of the Building Systems or to any mechanical systems of the Building to comply with Applicable Laws unless arising such required compliance arises from (A) Alterations (as defined below) by Tenant after the Commencement Date or (B) Tenant’s specific particular use of the Premises (as distinguished from general office use generally) or from Tenant’s Alterations (as defined belowuse) or in connection with making reasonable accommodation for a specific 19506884v9 16 employee or employees of Tenant or Tenant’s Agentsemployees. Tenant covenants and agrees that nothing shall be done or kept on Landlord is responsible for complying with Applicable Laws relating to the Building (excluding the Premises in violation following the date of any 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 that 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 Premises shall be used, kept and maintained date of this Lease as an Operating Expense in compliance accordance with any Applicable Laws, any Declarations and with the certificate Section 6 of occupancy issued for the Building and the Premisesthis 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 if and to the extent such policy has been delivered to Tenantnor shall Tenant keep, does not contain any obligations in excess of what is required by Applicable Laws store, produce or is consistent with the requirements customary in the commercial office building insurance industry. To the extent Tenant keeps, stores, produces or disposes dispose 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, Section 27.24.1 shall govern the same. For purposes of this Lease, “Declarations” means except customary office 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 in the commercial office building insurance industry. Notwithstanding anything contained herein to the contrary, 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 does not specifically represent and warrantcleaning supplies.
Appears in 1 contract
Samples: Lease Agreement (Redwood Trust Inc)
