Common use of Compliance with Laws, Covenants, Conditions, and Restrictions Clause in Contracts

Compliance with Laws, Covenants, Conditions, and Restrictions. 3.2(a) Xxxxxx agrees to use the Leased Premises in material compliance with all laws now in force or which may hereafter be in force relative to the Leased Premises, its use and the business conducted thereon, including without limitation all building requirements and regulations, as well as all covenants, conditions, and restrictions applicable to the Leased Premises. The final, non-appealable judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against Lessee, regardless of whether Lessor is a party to such action or proceeding, that Xxxxxx’s use of the Leased Premises has violated any such laws, or such covenants, conditions, and restrictions shall be conclusive of such fact as between Lessor and Lessee. Lessee, at its sole cost and expense, shall have the right to contest the applicability, validity, interpretation, construction, or noncompliance of or with any law, covenant, condition, and restriction now or hereafter in force and relating to Lessee or the Leased Premises, provided that Lessee diligently and expeditiously prosecutes the appropriate proceeding, contest, or appeal. Lessor shall not be required to join in any proceeding, contest, or appeal brought by Xxxxxx unless the provisions of any law requires that the proceeding, contest, or appeal be brought by or in the name of Lessor or any owner of the Leased Premises. In that case, Xxxxxx shall join in the proceeding, contest, or appeal or permit the same to be brought in Xxxxxx’s name so long as Lessor is not required to bear any cost. If Xxxxxx, within a reasonable time after final determination of the proceeding, contest, or appeal, complies with the final determination resulting therefrom, the noncompliance of Lessee during the interim period shall not be deemed a default under this Agreement.

Compliance with Laws, Covenants, Conditions, and Restrictions. 3.2(a) Xxxxxx agrees to use the Leased Premises in material compliance with all laws now in force or which may hereafter be in force relative to the Leased Premises, its use and the business conducted thereon, including without limitation all building requirements and regulations, as well as all covenants, conditions, and restrictions applicable to the Leased Premises. The final, non-appealable judgment of any court of competent jurisdiction, or the admission of Lessee in any action or proceeding against LesseeXxxxxx, regardless of whether Lessor is a party to such action or proceeding, that Xxxxxx’s use of the Leased Premises has violated any such laws, or such covenants, conditions, and restrictions shall be conclusive of such fact as between Lessor and Lessee. Lessee, at its sole cost and expense, shall have the right to contest the applicability, validity, interpretation, construction, or noncompliance of or with any law, covenant, condition, and restriction now or hereafter in force and relating to Lessee or the Leased Premises, provided that Lessee diligently and expeditiously prosecutes the appropriate proceeding, contest, or appeal. Lessor shall not be required to join in any proceeding, contest, or appeal brought by Xxxxxx unless the provisions of any law requires that the proceeding, contest, or appeal be brought by or in the name of Lessor or any owner of the Leased Premises. In that case, Xxxxxx shall join in the proceeding, contest, or appeal or permit the same to be brought in Xxxxxx’s name so long as Lessor is not required to bear any cost. If Xxxxxx, within a reasonable time after final determination of the proceeding, contest, or appeal, complies with the final determination resulting therefrom, the noncompliance of Lessee during the interim period shall not be deemed a default under this Agreement.