COMPLIANCE WITH LAWS AND PRIVATE RESTRICTIONS. (a) Tenant shall not use or permit any person to use the Leased Premises for any use or purpose in violation of any Laws or Private Restrictions. Tenant shall, at its own cost and expense, abide by and promptly observe and comply with all Laws and Private Restrictions applicable to the use or occupancy of the Leased Premises. (b) Tenant shall not use or permit any person to use the Leased Premises for any purpose or in any manner other than in full compliance with all applicable Laws, including without limitation all zoning, land-use, anti-pollution, environmental, health and safety Laws. (c) Notwithstanding subparagraphs (a) and (b) of this Paragraph 4.2, in the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Law or Private Restriction, Tenant shall, at least fifteen (15) days prior to commencing such proceeding, give Landlord written notice of its intention to do so. Tenant may forego compliance with such Law or Private Restriction being contested if, but only if, both (i) such noncompliance is permitted during the pendency of such proceedings without the foreclosure of any lien or the imposition of any fine or penalty or judgment for damages, and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with any applicable reasonable requirements of the Existing Mortgage, and sufficient to protect Landlord’s interest in the Leased Premises and to reimburse Landlord for any liability which might be incurred if such proceedings are determined adversely to Tenant. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense (including attorneys’ fees), liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceeding which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of such contest or other proceeding, Tenant shall pay any amount and perform any obligation determined to be due, together with any costs, expenses and interest, whether or not this Lease shall have then expired or terminated.
Appears in 1 contract
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
COMPLIANCE WITH LAWS AND PRIVATE RESTRICTIONS. (a) Tenant shall not use or permit any person to use the Leased Premises for any use or purpose in violation of any Laws or Private Restrictions. Tenant shallabide by and shall promptly observe and comply with, at its own sole cost and expense, abide by and promptly observe and comply with all Laws and Private Restrictions applicable to respecting the use or and occupancy of the Leased Premises.
(b) , the Building, the Outside Areas or the Property including, without limitation, all Laws governing the use and/or disposal of hazardous materials, and shall defend with competent counsel, indemnify and hold Landlord harmless from any claims, damages or liability resulting from Tenant’s failure to do so. The indemnity provision of this Article shall survive the expiration or sooner termination of this Lease, with respect to any activities of Tenant occurring on or about the Property while Tenant was in possession of the Leased Premises. Notwithstanding anything contained in this Lease to the contrary, Tenant shall not use have no obligation or permit responsibility; financial, legal or other; with respect to any person to use the Leased Premises for any purpose violation of or in any manner other than in full non-compliance with all applicable Laws, including without limitation all zoning, land-use, anti-pollution, environmental, health and safety Laws.
(c) Notwithstanding subparagraphs (a) and (b) of this Paragraph 4.2, in the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Law or Private Restriction, Tenant shall, at least fifteen (15) days prior to commencing such proceeding, give Landlord written notice of its intention to do so. Tenant may forego compliance with such Law or Private Restriction being contested if, but only if, both (i) such noncompliance is permitted during the pendency of such proceedings without the foreclosure of any lien or the imposition of any fine or penalty or judgment for damages, and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with any applicable reasonable requirements of the Existing Mortgage, and sufficient to protect Landlord’s interest in covering the Leased Premises and to reimburse Landlord for any liability which might be incurred if such proceedings are determined adversely to Tenant. Any such contest violation or non-compliance existed when Tenant took possession of the Leased Premises, and it shall be prosecuted Landlord’s duty and obligation to completion remediate, cure, remove or take other appropriate action to eliminate such violation or non-compliance at Landlord’s sole cost without possibility of reimbursement from Tenant as a Property Management Cost (whether as defined below) or not otherwise. Also notwithstanding anything contained in this Lease shall have expired or terminated in to the interimcontrary, the rights and obligations of Landlord and Tenant with respect to issues relating to Hazardous Materials (as defined below) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense (including attorneys’ fees), liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceeding which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of such contest or other proceeding, Tenant shall pay any amount and perform any obligation determined to be due, together with any costs, expenses and interest, whether or not this Lease shall have then expired or terminatedare exclusively established by Section 4.14.
Appears in 1 contract
COMPLIANCE WITH LAWS AND PRIVATE RESTRICTIONS. (a) Tenant shall not use or permit any person to use the Leased Premises for any use or purpose in violation of any Laws or Private Restrictions. Tenant shall, at its own cost and expense, abide by and promptly observe and comply with all Laws and Private Restrictions applicable to the use or occupancy of the Leased Premises.
(b) Tenant shall not use or permit any person to use the Leased Premises for any purpose or in any manner other than in full compliance with all applicable Laws, including without limitation all zoning, land-use, anti-pollutionantipollution, environmental, health and safety Laws.
(c) Notwithstanding subparagraphs (a) and (b) of this Paragraph 4.2, in the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Law or Private Restriction, Tenant shall, at least fifteen (15) days prior to commencing such proceeding, give Landlord written notice of its intention to do so. Tenant may forego compliance with such Law or Private Restriction being contested if, but only if, both (i) such noncompliance is permitted during the pendency of such proceedings without the foreclosure of any lien or the imposition of any fine or penalty or judgment for damages, and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with any applicable reasonable requirements of the Existing Mortgage, and sufficient to protect Landlord’s interest in the Leased Premises and to reimburse Landlord for any liability which might be incurred if such proceedings are determined adversely to Tenant. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense (including attorneys’ fees), liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceeding which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of such contest or other proceeding, . Tenant shall pay any amount and perform any obligation determined to be due, together with any costs, expenses and interest, whether or not this Lease shall have then expired or terminated.
Appears in 1 contract
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
COMPLIANCE WITH LAWS AND PRIVATE RESTRICTIONS. (a) Tenant shall not use or permit any person to use the Leased Premises for any use or purpose in violation of any Laws or Private Restrictions. Tenant shall, at its own cost and expense, abide by and promptly observe and comply with all Laws and Private Restrictions applicable to the use or occupancy of the Leased Premises.
(b) Tenant shall not use or permit any person to use the Leased Premises for any purpose or in any manner other than in full compliance with all applicable Laws, including without limitation all zoning, land-use, anti-pollution, environmental, health and safety Laws.
(c) Notwithstanding subparagraphs (a) and (b) of this Paragraph 4.2, in the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Law or Private Restriction, Tenant shall, at least fifteen (15) days prior to commencing such proceeding, give Landlord written notice of its intention to do so. Tenant may forego compliance with such Law or Private Restriction being contested if, but only if, both (i) such noncompliance is permitted during the pendency of such proceedings without the foreclosure of any lien or the imposition of any fine or penalty or judgment for damages, and (ii) Tenant shall obtain and furnish Landlord with a bond or other security device, and otherwise comply with any applicable reasonable requirements of the Existing Mortgage, and device sufficient to protect Landlord’s interest in the Leased Premises and to reimburse Landlord for any liability which might be incurred if such proceedings are determined adversely to Tenant. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense (including attorneys’ fees), liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceeding which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of such contest or other proceeding, Tenant shall pay any amount and perform any obligation determined to be due, together with any costs, expenses and interest, whether or not this Lease shall have then expired or terminated.
Appears in 1 contract
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
COMPLIANCE WITH LAWS AND PRIVATE RESTRICTIONS. (a) Tenant shall not use or permit any person to use the Leased Premises for any use or purpose in violation of any Laws or Private Restrictions. Tenant shallabide by and shall promptly observe and comply with, at its own sole cost and expense, abide by and promptly observe and comply with all Laws (now or hereafter in effect) and Private Restrictions applicable of record as of the date of this Lease or amendments to Private Restrictions approved by Tenant respecting the use or and occupancy of the Leased Premises.
(b) Tenant , the Building, the Outside Areas or the Property including, without limitation, all Laws governing the use and/or disposal of hazardous materials, and shall not use defend with competent counsel, indemnify and hold Landlord harmless from any claims, damages or permit any person to use the Leased Premises for any purpose or in any manner other than in full compliance with all applicable Laws, including without limitation all zoning, land-use, anti-pollution, environmental, health and safety Laws.
(c) Notwithstanding subparagraphs (a) and (b) of this Paragraph 4.2, in the event that Tenant shall desire in good faith to contest or otherwise review by appropriate legal or administrative proceeding any Law or Private Restriction, Tenant shall, at least fifteen (15) days prior to commencing such proceeding, give Landlord written notice of its intention liability resulting from Tenant's failure to do so. The indemnity provision of this Article shall survive the expiration or sooner termination of this Lease, with respect to any activities of Tenant may forego compliance with such occurring on or about the Property while Tenant was in possession of the Leased Premises. Notwithstanding anything to the contrary in Section 4.7 of the Lease Form:
A. Landlord, at its sole cost and expense, shall remain liable for the correction of any violations of Law or Private Restriction being contested if, but only if, both (i) such noncompliance is permitted during Restrictions for Landlord's Work which existed as of the pendency Lease Commencement Date.
B. Tenant's compliance with Laws governing the use and/or disposal of such proceedings without the foreclosure of any lien or the imposition of any fine or penalty or judgment for damages, hazardous materials and (ii) Tenant shall obtain and furnish Tenant's obligation to defend Landlord with a bond competent counsel, indemnify and hold Landlord harmless from any claims, damages or other security device, liabilities resulting from Tenant's failure to do so shall be governed solely and otherwise comply with any applicable reasonable requirements exclusively pursuant to Paragraph 16 of the Existing Mortgage, and sufficient Addendum to protect Landlord’s interest in the Leased Premises and to reimburse Landlord for any liability which might be incurred if such proceedings are determined adversely to Tenant. Any such contest shall be prosecuted to completion (whether or not this Lease shall have expired or terminated in the interim) and shall be conducted without delay and solely at Tenant’s expense. Tenant shall indemnify and defend Landlord against any and all expense (including attorneys’ fees), liability or damage resulting from such contest or other proceeding. At the request of Tenant, Landlord shall join in any contest or other proceeding which Tenant may desire to bring pursuant to this paragraph. Tenant shall pay all of Landlord’s reasonable expenses (including attorneys’ fees) arising out of such joinder. Within ten (10) days after the final determination of such contest or other proceeding, Tenant shall pay any amount and perform any obligation determined to be due, together with any costs, expenses and interest, whether or not this Lease shall have then expired or terminatedAgreement executed concurrently herewith.
Appears in 1 contract
Samples: Industrial Space Lease (Avant Corp)