Common use of Compliance with Laws and Requirements of Public Authorities Clause in Contracts

Compliance with Laws and Requirements of Public Authorities. 8.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

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Compliance with Laws and Requirements of Public Authorities. 8.01 9.01. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, expense shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of 's specific use (other than general office use) of the Demised Premises, ; (ii) the particular manner of conduct of Tenant’s 's business or operation of its installationsinstallation, equipment or other property therein, ; (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord's performance of any work performed by Landlord for or on behalf of Tenant, ; or (iv) the breach of any of Tenant’s 's obligations hereunder. HoweverFurthermore, Tenant shall need not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Landlord, at its expense, shall comply with all other any such laws and requirements law or requirement of public authorities authority so long as Tenant shall affect be contesting the validity thereof, or the applicability thereof to the Demised Premises, but may contest the same subject in accordance with Section 9.02. Nothing contained herein shall be construed to conditions reciprocal require Tenant to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect make structural alterations to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and Building except to the extent thereby that same are required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or 's specific use (other contents of the Demised Premises if and to the extent installed by Tenantthan general office). Further, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws have no obligation under this Section 9.01 with respect to Building systems and other portions of the Building not part any non-compliance of the Demised Premises or those portions the Building with any law or requirement of public authority existing on the Demised Premises which are not Commencement Date of this Lease unless caused by Tenant’s , its agents, employees and/or invitees. Tenant shall have no obligation and hereunder with respect to all violations existing any law which requires the removal and capsulation or abatement of any hazardous materials or substances including asbestos that are located in the Building on the Lease Term Commencement Date (unless placed there by Tenant or arising from its agents) and which on the Commencement Date are considered hazardous materials or related to Landlord’s Worksubstances requiring removal by any such public authority. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for Building does not contain any asbestos or any other toxic materials or environmentally hazardous materials which are considered such under any applicable building code or BOCA Code at the Demised Premises and for time the Building (i.e., office use and cooking) is an “as received its initial Certificate of right” use pursuant Occupancy. Without any liability to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth hereinTenant, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect shall be liable to the Demised Premises. If remove any such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with toxic environmentally hazardous material if such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premisesrepresentation proves untrue.

Appears in 2 contracts

Samples: Lease (Pxre Group LTD), And Attornment Agreement (I Many Inc)

Compliance with Laws and Requirements of Public Authorities. 8.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iiiii) or (iv) above. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided provided, however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cookinguse) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law rule, order, ordinance, direction, regulation or requirement of any federal, state municipal or public authority, and Tenant, . Tenant at its sole cost and expense, expense shall comply with all laws rules, orders, ordinances, directions, regulations and requirements of municipal or public authorities now in force or which may hereafter be in force which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use use, occupation, or alteration of the Demised Premises, (ii) any cause or condition created by or at the particular manner of conduct instance of Tenant’s business or operation of its installations, equipment or other than by other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord’s performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iii) ), or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 2 contracts

Samples: Angion Biomedica Corp., Angion Biomedica Corp.

Compliance with Laws and Requirements of Public Authorities. 8.01 (a) At all times during the Term, Tenant shall give prompt notice to Landlord of any notice it Tenant receives of the any violation of any law or requirement of public authoritya governmental authority affecting the Demised Premises or the Building or any regulation of the board of fire underwriters having jurisdiction over the Building (“Applicable Law”), and Tenantand, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shallApplicable Laws, with respect to the Demised Premises or the use and/or occupation thereof, or the abatement of any nuisance, impose including any violation, order or duty on imposed upon Landlord or Tenant, arising from or relating to (i1) Tenant’s particular manner of use of the Demised Premises, ; (ii2) the particular manner of or conduct of Tenant’s business or operation of its installations, equipment or other property therein, ; (iii3) any cause or condition created by or at the instance insistence of Tenant, including the performance of any work performed by Landlord for or on behalf of Tenant, ; or (iv4) breach of any of Tenant’s obligations hereunder. HoweverNotwithstanding the foregoing, but subject to the provisions of Section 6.2(c) regarding “Hazardous Materials” and subject to the terms of the last sentence of Section 6.4 below, (A) Tenant shall not be obligated (and instead, Landlord shall be obligated) to make any capital improvements or capital replacements required by changes in Applicable Laws following the Commencement Date, to the extent similar capital improvements or capital replacements will be required to be made in the Building as a whole as a result of such changes in Applicable Law (i.e., as distinguished from alterations or improvements made necessary by Tenant’s particular use of the Demised Premises or required to be made to, or made necessary by, Tenant’s Work or other Tenant Alterations), and all such capital improvements or capital replacements which are not so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause be made by Tenant shall instead be made by Landlord (i), (ii), (iii) or (iv) above. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) potential reimbursement as part of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the ADAOperating Costs) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant permitted in which case Section 4.1), and (B) Tenant shall not be responsible for obligated to correct any violation existing at the Common Areas Demised Premises as well. Tenant shall pay all of the costsTurnover Date of any Applicable Laws in effect as of the Turnover Date, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises constituting “Turnover Noncompliance Work” which are not Tenantis Landlord’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised PremisesSection 6.4 below.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or and/or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and and/or requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of 's use of the Demised Premises, except for the mere occupancy of the Demised Premises for purposes expressly set forth in Section 2.01(a) hereof, (ii) the particular manner of conduct of Tenant’s 's business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord's performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s 's obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from Tenant's manner of use of the Demised Premises (as distinguished from the mere use thereof for the purposes expressly permitted pursuant to subsection 2.01(a) above) or from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Furthermore, Tenant need not comply with any such law and/or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 1 contract

Samples: Lease (About Com Inc)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord’s performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from Tenant’s manner of use of the Demised Premises as distinguished from the mere use thereof for office purposes or from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 1 contract

Samples: Lease (Boomerang Systems, Inc.)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of 's use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s 's business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord's performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s 's obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from Tenant's manner of use of the Demised Premises as distinguished from the mere use thereof for office purposes or from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises and the Building to the extent that the failure to do so would (x) unreasonably restrict Tenant's access to, or use of, the Demised Premises, (y) cause injury or damage to persons or property in or about the Demised Premises, or (z) prevent Tenant from being able to obtain any required permit for any approved Tenant's Work or Tenant's Changes, but may similarly contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 1 contract

Samples: Promotions Com Inc

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Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of 's use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s 's business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord's performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s 's obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from Tenant's manner of use of the Demised Premises as distinguished from the mere use thereof for the Permitted Uses or from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 1 contract

Samples: Lease (Treasure Mountain Holdings Inc)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law rule, order, ordinance, direction, regulation or requirement of any federal, state municipal or public authority, and . Tenant, at its sole cost and expense, shall comply with all laws rules, orders, ordinances, directions, regulations and requirements of municipal or public authorities now in force or which may hereafter be in force which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use 's use, occupation, or alteration of the Demised Premises, (ii) any cause or condition created by or at the particular manner of conduct instance of Tenant’s business or operation of its installations, equipment or other than by other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord's performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s 's obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iii) ), or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises10.02.

Appears in 1 contract

Samples: Lease (Aveta Inc)

Compliance with Laws and Requirements of Public Authorities. 8.01 9.01 The term “laws and/or requirements of public authorities” and words of like import shall mean laws and ordinances of any or all of the Federal, state, city, county, and borough governments and rules, regulations, orders and/or directives of any or all departments subdivisions, bureaus, agencies, or office thereof, or of any other governmental, public, or quasi-public authorities (collectively, “Laws”), having jurisdiction over the Demised Premises, and/or the direction of any public officer having jurisdiction over the Demised Premises pursuant to Law. Tenant covenants to comply with all present and future Laws with respect to the Demised Premises during the Term. Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law Law or requirement of public authority, and Tenant, at its sole cost and expense, expense shall comply with all laws Laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use of the Demised Premises, ; (ii) the particular manner of conduct of Tenant’s business or operation of its installationsinstallation, equipment or other property therein, ; (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord’s performance of any work performed by Landlord for or on behalf of Tenant, ; or (iv) the breach of any of Tenant’s obligations hereunder. HoweverFurthermore, Tenant shall need not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Landlord, at its expense, shall comply with all other any such laws and requirements Law or requirement of public authorities authority so long as Tenant shall affect be contesting the validity thereof, or the applicability thereof to the Demised Premises, but may contest the same subject in accordance with Section 9.02. Nothing contained herein shall be construed to conditions reciprocal require Tenant to Subsections (a), (b) and (d) of Section 8.02. Landlord and Tenant hereby acknowledge and agree that Tenant’s obligations with respect make structural alterations to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and Building except to the extent thereby that same are required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location specific manner of partitions, trade fixtures, or other contents use of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part of the Demised Premises or those portions of the Demised Premises which are not Tenant’s obligation and with respect to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) with respect to the Demised Premises. If such open application prohibits Tenant from filing an application for Tenant Changes or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements or changes to Tenant’s plans required by DOB as a result of such open application or the previous tenant’s work in the Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (GX Acquisition Corp.)

Compliance with Laws and Requirements of Public Authorities. 8.01 10.01 Tenant shall give prompt notice to Landlord of any notice it receives of the violation of any law or requirement of public authority, and Tenant, at its sole cost and expense, shall comply with all laws and requirements of public authorities which shall, with respect to the Demised Premises or the use and/or and occupation thereof, or the abatement of any nuisance, impose any violation, order or duty on Landlord or Tenant, arising from (i) Tenant’s particular manner of use of the Demised Premises, (ii) the particular manner of conduct of Tenant’s business or operation of its installations, equipment or other property therein, (iii) any cause or condition created by or at the instance of Tenant, including the other than by Landlord’s performance of any work performed by Landlord for or on behalf of Tenant, or (iv) breach of any of Tenant’s obligations hereunder. However, Tenant shall not be so required to make any structural or other substantial change in the Demised Premises unless the requirement arises from Tenant’s manner of use of the Demised Premises as distinguished from the mere use thereof for office purposes or from a cause or condition referred to in clause (i), (ii), (iii) or (iv) above. Furthermore, Tenant need not comply with any such law or requirement of public authority so long as Tenant shall be contesting the validity thereof, or the applicability thereof to the Demised Premises, in accordance with Section 10.02. Landlord, at its expense, shall comply with all other such laws and requirements of public authorities as shall affect the Demised Premises, but may similarly contest the same subject to conditions reciprocal to Subsections (a), (b) and (d) of Section 8.0210.02. Landlord and Tenant hereby acknowledge and agree that Notwithstanding anything in this Lease to the contrary, including the several representations regarding Tenant’s obligations with respect to the Demised Premises under this Section 8.01 shall include, without limitation, compliance throughout the Term of this Lease with the Americans With Disabilities Act of 1990, together with all amendments thereto which may be adopted from time to time, and all regulations and rules promulgated thereunder (the “ADA”) but solely if any such obligation arises from a cause or condition referred to in (i), (ii), (iii) or (iv) above; provided however, that Landlord agrees to cause the “Common Areas” (as such quoted term is hereinafter defined) to be in compliance with the ADA and all other applicable laws and regulations, as and to the extent thereby required unless the need for compliance is occasioned by either the specific manner of operation of Tenant’s business or alterations performed by Tenant in which case Tenant shall be responsible for the Common Areas as well. Tenant shall pay all the costs, expenses, fines, penalties and damages imposed upon Landlord or any superior lessors or superior mortgagees by reason of or arising out of Tenant’s failure to comply with legal requirements or insurance requirements if and to the extent required under the provisions of this Section. For example, but not by way of limitation, if any public authority requires any additional sprinkler heads or changes to the sprinkler system in or serving the Demised Premises solely by reason of the particular manner of conduct of Tenant’s business in the Demised Premises or by reason of Tenant’s alterations, or the location of partitions, trade fixtures, or other contents of the Demised Premises if and to the extent installed by Tenant, Tenant shall, at its sole cost and expense, promptly make and supply such additional sprinkler heads or make such changes. Landlord shall be responsible, at its sole cost and expense, for compliance with all applicable laws with respect to Building systems and other portions of the Building not part prior inspection of the Demised Premises or those portions the provisions of Section 1.00 (u), Section 4.01, Section 4.03 or this Section 10.01, Tenant accepts no responsibility for any conditions or situations of, within or without the Demised Premises which are not fully in compliance with or which are in any way violations of applicable law, rule, regulation or requirement of a public authority, including but not limited to any building, electric, sanitary or other code which is applicable hereto. Landlord shall, promptly upon written notice thereof received directly from the public authority of appropriate jurisdiction, repair or replace, at Landlord’s sole cost and expense (and not pursuant to Section 5.07) any portion of or system within or affecting the Demised Premises in which such existing code violations arise, provided said violations are not solely the result of Tenant’s obligation Changes or Tenant’s Work. Landlord shall indemnify and with respect hold harmless Tenant from any damages that may be incurred, including associated costs such as attorney’s fees, relating to all violations existing on the Lease Term Commencement Date or arising from or related to Landlord’s Work. Notwithstanding anything to the contrary contained herein, Tenant acknowledges any such notice of violation that (i) no certificate of occupancy has been obtained for the Demised Premises and/or for the Building, (ii) Landlord represents that the permitted use for the Demised Premises and for the Building (i.e., office use and cooking) is an “as of right” use pursuant to current zoning for the Building and (iii) the foregoing shall not may be deemed or construed to relieve Tenant of any of its obligations under this Lease, it being understood and agreed to by Tenant that Tenant shall remain fully bound to perform its obligations hereunder notwithstanding the foregoing. Notwithstanding anything to the contrary set forth herein, Landlord acknowledges that there is an open application pending with the New York City Department of Buildings (“DOB”) issued with respect to the Building or the Demised Premises. If such open application prohibits Tenant from filing an application Premises for Tenant Changes which the correction is determined to be Landlord’s responsibility hereunder, but specifically excluding damages relating to or delays or interferes with such filing or with Tenant obtaining permits or approvals (without any other fault of Tenant), Landlord covenants and agrees to use best efforts to close out such application and to indemnify Tenant for any costs and expenses Tenant incurs arising from any additional requirements such notice of violation that may be issued with respect to the Building or changes to the Demised Premises which arise out of or result from Tenant’s plans required by DOB as a result of such open application Work or the previous tenantTenant’s work in the Demised PremisesChanges.

Appears in 1 contract

Samples: Henry Bros. Electronics, Inc.

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