Common use of COMPLIANCE WITH LAWS AND ORDINANCES Clause in Contracts

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shall, at its sole cost and expense throughout the Term, promptly comply or cause compliance with or remove or cure any violation of any and all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Premises and the appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, or the sidewalks, curbs, roadways, alleys, entrances or railroad track facilities adjacent or appurtenant thereto, or exercising authority with respect to the use or manner of use of the Premises, or such adjacent or appurtenant facilities, and whether the compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective of the costs thereof; provided, however, that notwithstanding anything contained in this Article X to the contrary, in the event that (a) any compliance action is required by any such governmental bodies having jurisdiction over the Premises; (b) the estimated costs of any such required compliance action exceeds One Hundred Thousand Dollars ($100,000.00); and (c) the required compliance action relates specifically to the Premises, Landlord shall pay all reasonable costs and expenses incurred in effectuating the required compliance action, and in consideration thereof, Tenant shall pay to Landlord, as Additional Rent hereunder throughout the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant to the provisions of Article III above.

Appears in 1 contract

Samples: California Microwave Inc

AutoNDA by SimpleDocs

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shallENVIRONMENTAL COMPLIANCE 13.1 Throughout the Term of this Lease, Lessee, at its sole cost and expense throughout the Termexpense, will obey, observe and promptly comply or cause compliance with or remove or cure any violation of any and all present and future laws, ordinances, orders, rules, regulations and requirements of all any federal, state, state and municipal and other governmental bodies agency or authority having jurisdiction over the Demised Premises and the appropriate departments, commissions, boards operation thereof as a Medicare and officers thereofMedicaid certified skilled and/or intermediate care nursing home having no less than one hundred three (103) licensed, and Medicaid certified beds, which may be applicable to the ordersPersonal Property and the Demised Premises and including, rules and regulations of the Board of Fire Underwriters where the Premises are situatedbut not limited to, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, or the sidewalks, curbsalleyways, roadwayspassageways, alleysvacant land, entrances parking spaces, curb cuts, curbs adjoining the Demised Premises, which are under Lessee's control, whether or railroad track facilities adjacent not such law, ordinance, order, rules, regulation or appurtenant thereto, requirement shall necessitate structural changes or exercising authority improvements. 13.2 Lessee shall likewise observe and comply with the requirements of all policies of public liability and fire insurance and all other policies of insurance at any time in force with respect to the use or manner Demised Premises. 13.3 Lessee shall promptly apply for and procure and keep in good standing and in full force and effect all necessary licenses, permits and certifications required by any governmental authority for the purpose of use of maintaining and operating on the Premises, or such adjacent or appurtenant facilitiesDemised Premises a Medicare and Medicaid certified skilled and/or intermediate care nursing home having no less than one hundred three (103) licensed, and whether Medicaid certified beds, and the complianceDemised Premises shall be qualified to participate in the Medicare and Medicaid reimbursement programs. 13.4 Upon request, curing Lessee will deliver or removal mail to Lessor wherever Rent is then paid, in form required for notices, copies of all exit interviews, inspection reports and surveys, administrative proceedings and/or court actions from all state, federal and local governmental bodies regarding the Demised Premises or the nursing home operated thereon. Lessee shall notify Lessor within twenty-four (24) hours after receipt thereof of any such violation and notice from any governmental agency terminating or suspending or threatening termination or suspension of any license, permit, provider agreement or certification relating to the costs and expenses necessitated thereby Demised Premises or the nursing home operated thereon. 13.5 Lessee shall have been foreseen the right upon written notice thereof to the Lessor, to contest by appropriate legal proceedings, diligently conducted in good faith, the validity or unforeseenapplication of any law, ordinary regulation or extraordinaryrule mentioned herein, and whether or not to delay compliance therewith pending the same shall be presently within the contemplation prosecution of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective of the costs thereofsuch proceedings; provided, however, that notwithstanding anything contained in this Article X to no civil or criminal liability would thereby be incurred by Lessor and no lien or charge would thereby be imposed upon or satisfied out of the contrary, in Demised Premises and further provided that the event that (a) any compliance action is required by any such governmental bodies having jurisdiction over the Premises; (b) the estimated costs effectiveness and good standing of any license, certificate or permit affecting the Demised Premises or the nursing home operated thereon would continue in full force and effect during the period of such required compliance action exceeds One Hundred Thousand Dollars ($100,000.00); contest. 13.6 Lessee shall not generate, dispose of, release, use, handle, possess or store any hazardous substances upon the Demised Premises except in accordance with applicable laws, rules and (c) regulations. Lessee shall at its sole cost and expense promptly remove or clean up any hazardous substances introduced onto the required compliance action relates specifically to the Premises, Landlord shall pay all reasonable costs and expenses incurred in effectuating the required compliance action, and in consideration thereof, Tenant shall pay to Landlord, as Additional Rent hereunder throughout the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred Demised Premises by Landlord in completing the required compliance action, on a monthly basis, in the manner and Lessee or with its permission or at the time monthly installments of Base Rent are payable pursuant to the provisions of Article III above.its sufferance. Such removal or cleanup 11

Appears in 1 contract

Samples: 3 Lease Agreement (Sun Healthcare Group Inc)

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shallAs used in this Lease, at its sole cost and expense throughout the Term, promptly comply or cause compliance with or remove or cure any violation of any and ----------------------------------- term "Laws" shall mean all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Premises planning, design and construction of the Improvements and operation and maintenance of Demised Premises, and the appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, or the sidewalks, curbs, roadways, alleys, entrances or railroad track facilities adjacent or appurtenant thereto, Demised Premises or exercising authority with respect to the use or manner of use of the Demised Premises, or such adjacent or appurtenant facilitiesincluding, and whether without limitation, the compliance, curing or removal of any such violation Americans with Disabilities Act and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective Florida Accessibility Code. At all times during Tenant's occupancy of the costs Demised Premises (or any portion thereof; provided, however, that notwithstanding anything contained in this Article X to the contrary, in the event that (a) any compliance action is required by any such governmental bodies having jurisdiction over the Premises; (b) the estimated costs of any such required compliance action exceeds One Hundred Thousand Dollars ($100,000.00); and (c) the required compliance action relates specifically to the Premises, Landlord shall pay all reasonable costs and expenses incurred in effectuating the required compliance action, and in consideration thereof, Tenant shall pay cease and remove any violation of Laws resulting from Tenant's specific use of the Demised Premises. Landlord and Tenant mutually acknowledge that amendments to Landlordexisting Laws, as Additional Rent hereunder throughout new interpretations of existing Laws or enactment of new Laws taking effect after the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses Commencement Date may require that substantial cost be incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant making physical alterations or improvement to the provisions Improvements (physical alterations or improvements to the Improvements that are required to be made during the term to bring the Demised Premises into compliance with amendments to existing Laws or enactments of Article III above.new Laws are collectively referred to as "Future Compliance Improvements"). The term "Future Compliance Improvements" shall not include any improvements necessary due to the failure of

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shall, throughout the term of this Lease, and at its Tenant's sole cost and expense throughout the Termexpense, promptly comply or cause compliance with or remove or cure any violation of any and all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Premises and the appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, or the sidewalks, curbs, roadways, alleys, entrances or railroad track facilities adjacent or appurtenant thereto, or exercising authority with respect to the use or manner of use of the Premises, or such adjacent or appurtenant facilities, and whether the compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective of the costs thereof; provided. Landlord represents to Tenant that as of the date of this Lease, howeverLandlord has received no notice of the Property or any portion thereof failing to comply with any applicable laws, that notwithstanding anything contained in this Article X to the contraryordinances, in the event that (a) orders, rules, regulations or requirements of any compliance action is required by any such federal, state, municipal and other governmental bodies having jurisdiction over the Premises; Premises (b) collectively, "Governmental Requirements "). Notwithstanding anything herein to the estimated costs contrary, Tenant shall have no obligation to comply with or pay or contribute to the cost of any such required compliance action exceeds One Hundred Thousand Dollars with ($100,000.00i) any future Governmental Requirements that would require any alterations to the structure or foundation of the Building and which apply generally to all occupants of buildings and are not specifically occasioned by Tenant's Permitted Use (as opposed to the general use of the Premises by any lessee); and (c) provided, however, that, if any alteration to the Building is required compliance action relates specifically to comply with Tenant's particular use of the Premises, Landlord then Tenant shall pay all reasonable costs be responsible for such compliance and expenses incurred (ii) any Governmental Requirements in effectuating effect and as interpreted as of the required Commencement Date regarding the Leasehold Improvements; the Premises, the Building and the Common Areas (specifically excluding, however, ongoing routine maintenance thereof which is otherwise addressed in this Lease; any work done by Tenant or on Tenant's behalf other than by Landlord; and the day to day operation of Tenant's business within the Premises). As to any law, regulation or ordinance the compliance action, and in consideration thereofof which is Tenant's responsibility under this Section 7.3, Tenant shall pay have the right to contest the application or enforcement thereof so long as such contest is conducted in good faith and at no cost or expense to Landlord and would not result in any liability to Landlord, as Additional Rent hereunder throughout the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant to the provisions of Article III above.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shall, throughout the term of this Lease, and at its Tenant's sole cost and expense throughout the Termexpense, promptly comply or cause compliance with or remove or cure any violation of any and all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Premises and the appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, or the sidewalks, curbs, roadways, alleys, entrances or railroad track facilities adjacent or appurtenant thereto, or exercising authority with respect to the use or manner of use of the Premises, or such adjacent or appurtenant facilities, and whether the compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective of the costs thereof; provided. Landlord represents to Tenant that as of the date of this Lease, howeverLandlord has received no notice of the Property or any portion thereof failing to comply with any applicable laws, that notwithstanding anything contained in this Article X to the contraryordinances, in the event that (a) orders, rules, regulations or requirements of any compliance action is required by any such federal, state, municipal and other governmental bodies having jurisdiction over the Premises; . Notwithstanding anything herein to the contrary, Tenant shall have no obligation to comply with any current or future laws, ordinances, orders, rules, regulations or requirements that would require any alterations to the structure or foundation of the Building and which apply generally to all occupants of buildings and are not specifically occasioned by Tenant's Permitted Use (b) as opposed to the estimated costs general use of the Premises by any such required compliance action exceeds One Hundred Thousand Dollars ($100,000.00lessee); and (c) provided, however, that, if any alteration to the Building is required compliance action relates specifically to comply with Tenant's particular use of the Premises, Landlord shall pay all reasonable costs and expenses incurred in effectuating the required compliance action, and in consideration thereof, then Tenant shall pay be responsible for such compliance. As to any law, regulation or ordinance the compliance of which is Tenant's responsibility under this Section 7.3. Tenant shall have the right to contest the application or enforcement thereof so long as such contest is conducted in good faith and at no cost or expense to Landlord and would not result in any liability to Landlord, as Additional Rent hereunder throughout the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant to the provisions of Article III above.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

AutoNDA by SimpleDocs

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shall, throughout the term of this Lease, and at its Tenant's sole cost and expense throughout the Termexpense, promptly comply or cause compliance with or remove or cure any violation of any and all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Premises and the appropriate departments, commissions, boards and officers thereof, thereof and the orders, rules and regulations of the Board of Fire Underwriters where the Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Premises, or any portion thereof, ; or the sidewalks, curbs, roadways, alleys, entrances or railroad track facilities adjacent or appurtenant thereto, or exercising authority with respect to the use or manner of use of the Premises, or such adjacent or appurtenant facilities, and whether the die compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective of the costs thereof; provided. Landlord represents to Tenant that as of the date of this Lease, howeverLandlord has received no notice of the Property or any portion thereof failing to comply with any applicable laws, that notwithstanding anything contained in this Article X to the contraryordinances, in the event that (a) orders, rules, regulations or requirements of any compliance action is required by any such federal, state, municipal and other governmental bodies having jurisdiction over the Premises; Premises (b) collectively, "Governmental Requirements"). Notwithstanding anything herein to the estimated costs contrary, Tenant shall have no obligation to comply with or pay or contribute to the cost of any such required compliance action exceeds One Hundred Thousand Dollars with ($100,000.00i) any future Governmental Requirements that would require any alterations to the structure or foundation of the Building and which apply generally to all occupants of buildings and are not specifically occasioned by Tenant's Permitted Use (as opposed to the general use of the Premises by any lessee); and (c) provided, however, that, if any alteration to the Building is required compliance action relates specifically to comply with Tenant's particular use of the Premises, Landlord then Tenant shall pay all reasonable costs be responsible for such compliance and expenses incurred (ii) any Governmental Requirements in effectuating effect and as interpreted as of the required Commencement Date regarding the Leasehold Improvements; the Premises, the Building and the Common Areas (specifically excluding, however, ongoing routine maintenance thereof which is otherwise addressed in this Lease; any work done by Tenant or on Tenant's behalf other than by Landlord; and die day to day operation of Tenant's business within the Premises). As to any law, regulation or ordinance the compliance action, and in consideration thereofof which is Tenant's responsibility under this Section 7.3, Tenant shall pay have the right to contest the application or enforcement thereof so long as such contest is conducted in good faith and at no cost or expense to Landlord and would not result in any liability to Landlord, as Additional Rent hereunder throughout the Term (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant to the provisions of Article III above.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

COMPLIANCE WITH LAWS AND ORDINANCES. 10.1. Tenant shallAs used in this Lease ----------------------------------- Agreement, at its sole cost and expense throughout the Term, promptly comply or cause compliance with or remove or cure any violation of any and term "Laws" shall mean all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state, municipal and other governmental bodies having jurisdiction over the Demised Premises and the appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter constituted exercising lawful or valid authority over the Demised Premises, or any portion thereof, thereof or the sidewalks, curbs, roadways, alleys, entrances or railroad track tract facilities adjacent or appurtenant thereto, or exercising authority with respect to the use or manner of use of the Demised Premises, or such adjacent or appurtenant facilities, and whether including, without limitation, the compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same Americans with Disabilities Act. Landlord shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policyresponsible for constructing Landlord's Improvements in accordance with all Laws, or require structural or extraordinary repairs, alterations or additions by Tenant and irrespective as such laws exist as of the costs date of the issuance of its building permits and certificate of occupancy. At all times during Tenant's occupancy of the Demised Premises (or any portion thereof; provided, however, that notwithstanding anything contained in this Article X to the contrary, in the event that (a) any compliance action is required by any such governmental bodies having jurisdiction over the Premises; (b) the estimated costs of any such required compliance action exceeds One Hundred Thousand Dollars ($100,000.00); and (c) the required compliance action relates specifically to the Premises, Landlord shall pay all reasonable costs and expenses incurred in effectuating the required compliance action, and in consideration thereof, Tenant shall pay cease and remove any violation of Laws resulting from Tenant's specific use of the Demised Premises other than for general office use. Landlord and Tenant mutually acknowledge that amendments to existing Laws or enactment of new Laws taking effect after the Commencement Date may require that substantial cost be incurred in making physical alterations or improvement to Landlord, as Additional Rent hereunder throughout the Term 's Improvements (including any Renewal Term), an amount equal to twelve percent (12%) per annum of all such costs and expenses incurred by Landlord in completing the required compliance action, on a monthly basis, in the manner and at the time monthly installments of Base Rent are payable pursuant physical alterations or improvements to the provisions Landlord's Improvements that are required to be made during the initial term or any renewal term to bring the Demised Premises into compliance with amendments to existing Laws or enactments of Article III above.new Laws are collectively referred to as "Future Compliance Improvements"). The term "Future Compliance Improvements" shall not include any improvements necessary due to Landlord's failure to comply with all existing Laws as they related to construction of the Landlord's Improvements. Because the cost of making the Future Compliance Improvements is unforeseeable as of the Effective Date of this Lease Agreement and may be substantial, the parties hereby agree to the following with respect to making Future Compliance Improvements:

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.