Compliance with Law and Insurance Requirements. Section 7.1. The Lessee covenants, at the Lessee's sole cost and expense and in accordance with the requirements of Section 11.1, that Lessee shall not use or occupy the Premises or permit the Premises to be used or occupied contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto or in a manner which would violate any certificate of occupancy affecting the same, or for illegal purposes. Lessee shall observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances, special exemptions and nonconforming uses), privileges, franchises and concessions which are now applicable to the Premises, or which have been granted to or contracted for by Lessee or Lessor in connection with any existing or presently contemplated use of the Premises. Lessee further covenants to comply promptly with all laws and ordinances and the orders, regulations and requirements of all federal, state and local government agencies including, but not limited to, the Americans With Disabilities Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund) and any rules, regulations or directives of the U.S. Environmental Protection Agency, and the recommendations of any insurer, foreseen or unforeseen, ordinary as well as extraordinary, which may applicable to the Premises or the sidewalks, curbs, tunnels, bridges or sub-sidewalk space, if any, adjoining the Premises, by reason of the Lessee's use thereof. In the event Lessee does not comply with the recommendations of any insurer, Lessee shall be liable for the payment of any increase in the amount of any insurance premium caused by any such non-compliance; provided, however, in no event shall any activity be conducted by Lessee on the Premises which may rise to any cancellation of any insurance policy or make any insurance unobtainable. If any use permitted hereunder becomes uninsurable, Lessor may cancel and terminate this Lease immediately upon written notice; provided, however, in the event any use permitted hereunder becomes uninsurable, Lessee shall spend reasonable amounts to cause such use to be insurable. Section 7.2. The Lessee shall have the right, provided it does so with due diligence and dispatch, to contest by appropriate legal proceeding, without cost of expense to the Lessor, the validity of any law, ordinance, order, regulation or requirement of the nature referred to Section 7.1, and if compliance therewith may legally be held in abeyance without the incurrence of any lien, charge or liability of any kind against the fee of the Building and the land on which it is located or the Lessee's leasehold interest in the Premises, and without subjecting the Lessee or the Lessor to any liability for failure to comply therewith, the Lessee may postpone compliance until the final determination of any such proceeding.
Appears in 2 contracts
Samples: Lease Agreement (Liqtech International Inc), Lease Agreement (Liqtech International Inc)
Compliance with Law and Insurance Requirements. Section 7.1. The Lessee covenants, at the Lessee's sole cost and expense and in accordance with the requirements of Section 11.1, that Lessee Tenant shall not use or occupy the Premises or permit the Premises to be used or occupied contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto or in a manner which would violate any certificate of occupancy affecting the same, or for illegal purposes. Lessee shall observe and comply with all conditions laws, rules, regulations, codes and requirements necessary ordinances including, without limitation, OSHA, NIH and FDA regulations, in its use and occupancy of the Property. Tenant shall make all repairs, alterations, additions or replacements to preserve the Premises required by any law or ordinance or any order or regulation of any public authority arising from Tenant's use of the Premises and extend shall keep the Premises equipped with all safety appliances so required. Tenant shall not release, dump, flush, or in any and all rightsway introduce any "Hazardous Materials" (as said term is defined in Section 13.11 hereof) into the septic, licenses, permits (including but not limited to zoning variances, special exemptions and nonconforming uses), privileges, franchises and concessions which are now applicable to sewage or other waste disposal system serving the Premises, or generate, store, transfer or dispose of Hazardous Materials in or on the Premises or dispose of Hazardous Materials from the Premises to any other location except in compliance with "Environmental Laws" (as said term is defined in Section 13.11 hereof). Tenant shall notify Landlord of any incident which have been granted to or contracted for by Lessee or Lessor in connection with would require the filing of a notice under the Environmental Laws. Landlord may, if it so elects, make any existing or presently contemplated use of the Premisesrepairs, alterations, additions or replacements referred to in this Section which affect the Building structure or the Building systems, and Tenant shall reimburse Landlord for the cost thereof on demand. Lessee further covenants Tenant will provide Landlord, from time to time upon Landlord's request, with all records and information regarding any Hazardous Materials maintained on the Premises by Tenant. Landlord shall have the right to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section and if any of such inspections reveals contamination by Hazardous Materials of the Property as a result of Tenant's operations or actions or the actions of Tenant's agents, contractors or employees, Tenant shall reimburse Landlord for the cost of performing (or contracting for) such inspections. Tenant shall comply promptly with all laws and ordinances and the orders, regulations and requirements of all federal, state and local government agencies including, but not limited to, the Americans With Disabilities Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund) and any rules, regulations or directives of the U.S. Environmental Protection Agency, and the recommendations of any insurer, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises or the sidewalks, curbs, tunnels, bridges or sub-sidewalk space, if any, adjoining the PremisesProperty, by reason of the LesseeTenant's use thereof. In the event Lessee does not comply with the recommendations of any insurer, Lessee shall be liable for the payment of any increase in the amount of any insurance premium caused by any such non-compliance; provided, however, in no event shall any activity be conducted by Lessee Tenant on the Premises Property which may give rise to any cancellation of any insurance policy or make any insurance unobtainable. If any use permitted hereunder becomes uninsurable, Lessor may cancel and terminate this Lease immediately upon written notice; provided, however, in the event any use permitted hereunder becomes uninsurable, Lessee shall spend reasonable amounts to cause such use to be insurable.
Section 7.2. The Lessee shall have the right, provided it does so with due diligence and dispatch, to contest by appropriate legal proceeding, without cost of expense to the Lessor, the validity of any law, ordinance, order, regulation or requirement of the nature referred to Section 7.1, and if compliance therewith may legally be held in abeyance without the incurrence of any lien, charge or liability of any kind against the fee of the Building and the land on which it is located or the Lessee's leasehold interest in the Premises, and without subjecting the Lessee or the Lessor to any liability for failure to comply therewith, the Lessee may postpone compliance until the final determination of any such proceeding.
Appears in 2 contracts
Samples: Lease (Aquila Biopharmaceuticals Inc), Lease (Aquila Biopharmaceuticals Inc)
Compliance with Law and Insurance Requirements. Tenant shall make all repairs, alterations, additions or replacements to the Premises required by any law or ordinance or any order or regulation of any public authority arising from Tenant's particular manner of use of the Premises (as opposed to office use generally) and shall keep the Premises equipped with all safety appliances so required. Tenant shall not dump, flush, or in any way introduce any Hazardous Materials (as defined in Section 7.113.11) or any other toxic substances into the septic, sewage or other waste disposal system serving the Premises, or generate, store or dispose of Hazardous Materials in or on the Property or Premises or dispose of Hazardous Materials from the Property or Premises to any other location without the prior written consent of Landlord and then only in compliance with Environmental Laws (as defined in Section 13.11). The Lessee covenants, at Tenant shall notify Landlord of any incident which would require the Lessee's sole cost filing of a notice with any governmental authorities under any Environmental Laws and expense and in accordance shall comply with the requirements orders and regulations of Section 11.1all governmental authorities with respect to zoning, that Lessee shall not use building, fire, health and other codes, regulations, ordinances or occupy the Premises or permit the Premises to be used or occupied contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto or in a manner which would violate any certificate of occupancy affecting the same, or for illegal purposes. Lessee shall observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including but not limited to zoning variances, special exemptions and nonconforming uses), privileges, franchises and concessions which are now laws applicable to the Premises. Landlord may, but shall not be obligated to, upon thirty (30) days written notice to Tenant (except in the case of an emergency where Landlord reasonably believes there is imminent danger to persons or property, in which have been granted to or contracted for by Lessee or Lessor in connection with event no advance notice shall be required), make any existing or presently contemplated use of the Premisesrepairs, alterations, additions or replacements referred to in this Section which affect the Building structure or the Building systems, and as Additional Rent, Tenant shall reimburse Landlord for the actual out-of-pocket cost thereof on demand. Lessee further covenants Tenant will provide Landlord, from time to time upon Landlord's request, with all records and information regarding any Hazardous Materials maintained on the Premises by Tenant. Landlord shall have the right to make such inspections as Landlord shall reasonably elect from time to time to determine if Tenant is complying with this Section and if any of such inspections reveals contamination by Hazardous Materials of the Building, the Lot or the Premises as a result of Tenant's operations or actions or the actions of Tenant's agents, contractors or employees, Tenant shall, as Additional Rent, reimburse Landlord for the actual out-of-pocket cost of performing (or contracting for) such inspections. Tenant shall comply promptly with all laws and ordinances and the orders, regulations and requirements of all federal, state and local government agencies including, but not limited to, the Americans With Disabilities Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Superfund) and any rules, regulations or directives of the U.S. Environmental Protection Agency, and the recommendations of any insurer, foreseen or unforeseen, ordinary as well as extraordinary, which may applicable to the Premises or the sidewalks, curbs, tunnels, bridges or sub-sidewalk space, if any, adjoining the Premises, by reason of the Lessee's use thereof. In the event Lessee does not comply with the recommendations of any insurer, Lessee shall which may be liable for applicable to the payment Premises, by reason of any increase in the amount of any insurance premium caused by any such non-compliance; provided, however, in Tenant's use thereof. In no event shall any activity be conducted by Lessee Tenant on the Premises which may give rise to any cancellation of any insurance policy or make any insurance unobtainable. If any use permitted hereunder becomes uninsurable, Lessor may cancel and terminate this Lease immediately upon written notice; provided, however, in the event any use permitted hereunder becomes uninsurable, Lessee shall spend reasonable amounts to cause such use to be insurable.
Section 7.2. The Lessee shall have the right, provided it does so with due diligence and dispatch, to contest by appropriate legal proceeding, without cost of expense to the Lessor, the validity of any law, ordinance, order, regulation or requirement of the nature referred to Section 7.1, and if compliance therewith may legally be held in abeyance without the incurrence of any lien, charge or liability of any kind against the fee of the Building and the land on which it is located or the Lessee's leasehold interest in the Premises, and without subjecting the Lessee or the Lessor to any liability for failure to comply therewith, the Lessee may postpone compliance until the final determination of any such proceeding.
Appears in 1 contract
Samples: Lease (Netezza Corp)