Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s business, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured. (b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas of the Building, but only to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
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Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)
Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use the interior and interior of the entrance to the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant’s obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant’s particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As Notwithstanding the foregoing, Tenant shall not be required to make any capital improvements to the Structural portions of the Lease Reference DateBuilding, Landlord has not received or to any notification that base building HVAC, plumbing or electrical systems, or to any aspect of the PremisesBuilding or Complex which it is Landlord’s obligation to maintain under this Lease, or to comply with any such laws, except if such work is required due to Tenant’s particular use or change in use, any non-standard office alterations made by Tenant, or any portion thereof, is in violation non-standard office improvements included as part of the ADA, which alleged violation remains uncured.
Tenant Improvements (b) each a “Tenant Activity”). Landlord shall, as an Operating Cost, shall comply with all of such laws as the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining same pertain to the Common Areas of the Complex and the Building, but only to other than the extent required by any governmental authority with jurisdiction thereof; providedLeased Premises, if any work is required to comply with any such law as a result except in respect of Tenant’s use of those matters in the Leased Premises for which Landlord is responsible in this Lease and those aspects of the Building or Complex which it is Landlord’s obligation to maintain, repair and replace under this Lease, and the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then cost such work shall be performed by Landlord included in Operating Costs to the extent permitted under this Lease; provided, however, that any such work within the Leased Premises shall be done at the Tenant’s sole cost and expense of Tenantif such work is then required to be done due to any Tenant Activity.
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Samples: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular the use and occupancy of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant's obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant's particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. Notwithstanding the foregoing, however, Tenant shall not be required to perform any structural changes to the Leased Premises or other portions of the Building unless such changes are related to or affected or triggered by (i) the Tenant Improvements or any alteration by Tenant, (ii) Tenant’s particular use of the Leased Premises (as opposed to Tenant’s use of the Leased Premises for general office purposes in a normal and customary manner), (iii) Tenant’s particular employees or employment practices, or (iv) the construction of initial Tenant Improvements to the Leased Premises. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas of the Building, but only to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
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Compliance Obligations. Subject to Landlord’s obligation to perform the Code Work (a) as defined in Section 10.2 below), Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant’s obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant’s particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas of the Building, but only to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
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Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or to any Alterations made by or on behalf of Tenant (exclusive of the specific operation of Tenant’s businessTenant Improvements), and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has the Premises have not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncuredundergone an inspection by a Certified Access Specialist (CASp).
(b) Landlord shall, as an Operating Cost, Cost (to the extent permitted under Article 6) comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas of the BuildingBuilding and any component of the Building for which Landlord has maintenance and repair obligations under this Lease, and shall faithfully observe municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the Environmental Laws requiring remediation and the ADA regarding accessibility, whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease, but only to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
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Compliance Obligations. (a) Tenant shall, at its sole cost and expense, ---------------------- comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “"Environmental Laws” " (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ (S)(S) 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto) (herein referred to as the ("ADA"), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant's obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant's particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of Notwithstanding the Lease Reference Dateforegoing, Landlord has not received any notification that agrees, at its expense, to make the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining improvements to the Common Areas existing bathrooms in the Leased Premises if such work is required under the ADA in connection with the construction by Tenant in the future of any other alterations in the Building, but only Leased Premises to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any Landlord does not construct such law improvements as a result of Tenant’s use part of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenantinitial Tenant Improvements.
Appears in 1 contract
Samples: Office Lease (Blaze Software Inc)
Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto) (the “ADA”), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant's obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant's particular use of the Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, Cost (but subject to the exclusions on Operating Costs set forth herein) comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas Areas, and shall faithfully observe municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the Environmental Laws and the ADA, whether or not any of the Building, but only to foregoing were foreseeable or unforeseeable at the extent required by any governmental authority with jurisdiction thereoftime of the execution of this Lease; provided, if any such work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, (for other than office use) or any Alteration made to the Premises by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
Appears in 1 contract
Samples: Office Lease (Insweb Corp)
Compliance Obligations. (a) 10.1.1 Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto) (collectively, the “ADA”), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant's obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant's particular use of the Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of .
10.1.2 Notwithstanding the Lease Reference Dateforegoing, Landlord has not received any notification Landlord, at Landlord’s cost, shall ensure that the Premises, or any portion thereofand the Building of which they are a part, is are in violation compliance with the ADA as of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all date of delivery of possession of the applicable requirements Premises to Tenant with the Tenant Improvements Substantially Completed. Notwithstanding the foregoing, if such noncompliance is caused by Tenant Improvements, Tenant’s alterations (as defined in Article 12 herein) or reconfiguration of all municipal, state and federal authorities now in forcethe Premises, or which may hereafter be in force, pertaining to the Common Areas of the Building, but only to the extent required triggered by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of actions, including without limitation Tenant’s business, or any Alteration made by or on behalf arrangement of Tenantfurniture within the Premises, then all costs of remedying such work noncompliance shall be performed borne by Landlord at the sole cost and expense of Tenant.
Appears in 1 contract
Samples: Office Lease (Sphere 3D Corp)
Compliance Obligations. (a) To Landlord’s actual knowledge, the Leased Premises are in compliance with all governmental laws, ordinances, regulations or mandates, including, without limitation, the ADA. Landlord, at its sole cost and expense, shall be responsible for correcting any violations of governmental laws, ordinances, regulations or mandates, including, without limitation, Title III of the ADA, with respect to the Leased Premises, provided that Landlord’s obligation with respect to the Leased Premises shall be limited to violations that arise out of the initial Tenant Improvements performed by Landlord and/or the condition of the Leased Premises prior to the commencement of the Term of this Lease as to the Initial Premises or the Secondary Premises, as the case may be; provided, however, that Landlord shall not be responsible for non-compliance that results thereafter from installation of any furniture, equipment and other personal property by Tenant. Except to the limited extent provided herein, Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in forceforce on or after the Commencement Date, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto) (the “ ADA ”), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant’s obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant’s particular use of the Leased Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As Notwithstanding the foregoing, Tenant shall have no responsibility or liability for (a) the remediation of Hazardous Materials present on or under the Lease Reference Date, Landlord has not received any notification that the Leased Premises, the Building or any portion thereofthe Complex, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining except to the Common Areas extent such presence is caused or recklessly exacerbated by the acts or omissions of Tenant or Tenant’s, employees, agents, licensees or contractors (and, in the Buildingcase of exacerbation of an existing condition, but Tenant shall be liable only to the extent required by any governmental authority with jurisdiction thereof; providedof such exacerbation), if any work is required (b) making structural improvements or alterations to the Leased Premises in order to comply with any changes in laws (including, without limitation, the ADA) unless such law as a result of improvements or alterations are necessitated by Tenant’s alterations or particular use of the Leased Premises, or (c) any non-compliance of the Building with any laws that are in existence as of the Commencement Date (except to the extent Tenant’s actions or particular use of the Leased Premises causes or the operation contributes to such non-compliance). For purposes of Tenantthis Section 10.1, “Landlord’s business, or any Alteration made by or on behalf of Tenant, then such work actual knowledge” shall be performed by Landlord at deemed to refer to the sole cost and expense actual (as opposed to constructive, implied or imputed) knowledge of TenantXxxx Xxx, without any duty of inquiry or investigation.
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Compliance Obligations. (a) To Landlord's actual knowledge, the Premises are in compliance with all governmental laws, ordinances, regulations or mandates, including, without limitation, the ADA. Landlord, at its sole cost and expense, shall be responsible for correcting any violations of governmental laws, ordinances, regulations or mandates, including, without limitation, Title III of the ADA, with respect to the Premises; provided, however, that Landlord shall not be responsible for non-compliance that results thereafter from installation of any furniture, equipment and other personal property by Tenant. Except to the extent limited herein, Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in forceforce on or after the Commencement Date, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s businessPremises, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “"Environmental Laws” " (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto) (the "ADA"), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. Tenant's obligation to comply with and observe such requirements, ordinances, statutes and regulations shall apply regardless of whether such requirements, ordinances, statutes and regulations regulate or relate to Tenant's particular use of the Premises or regulate or relate to the use of premises in general, and regardless of the cost thereof. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As Notwithstanding the foregoing, Tenant shall have no responsibility or liability for (a) making structural improvements or alterations to the Premises in order to comply with changes in laws (including without limitation, the ADA) unless such improvements or alterations are necessitated by Tenant's alterations or particular use of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all any non-compliance of the applicable requirements of all municipal, state and federal authorities now Building with any laws that are in force, or which may hereafter be in force, pertaining to the Common Areas existence as of the Building, but only Commencement Date (except to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s 's actions or particular use of the Leased Premises causes or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then contributes to such work shall be performed by Landlord at the sole cost and expense of Tenantnon-compliance).
Appears in 1 contract
Samples: Office Lease (Witness Systems Inc)
Compliance Obligations. (a) Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to Tenant’s particular use of the Leased Premises or the specific operation of Tenant’s business, and shall faithfully observe in the use or occupancy of the Leased Premises all municipal ordinances and state and federal statutes, laws and regulations now or hereafter in force, including, without limitation, the “Environmental Laws” (as hereinafter defined), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (and any rules, regulations, restrictions, guidelines, requirements or publications promulgated or published pursuant thereto), whether or not any of the foregoing were foreseeable or unforeseeable at the time of the execution of this Lease. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that any such requirement, ordinance, statute or regulation pertaining to the Leased Premises has been violated, shall be conclusive of that fact as between Landlord and Tenant. As of the Lease Reference Date, Landlord has not received any notification that the Premises, or any portion thereof, is in violation of the ADA, which alleged violation remains uncured.
(b) Landlord shall, as an Operating Cost, comply with all of the applicable requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Common Areas of the Building, but only to the extent required by any governmental authority with jurisdiction thereof; provided, if any work is required to comply with any such law as a result of Tenant’s use of the Leased Premises or the operation of Tenant’s business, or any Alteration made by or on behalf of Tenant, then such work shall be performed by Landlord at the sole cost and expense of Tenant.
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