Compliance with Laws, Ordinances, Etc. During the Lease Term, Tenant shall, at Tenant's own cost and expense, promptly observe and comply with all laws, orders, regulations, rules, ordinances and requirements of the federal, state, town, county and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to time in force with respect to the Premises or any part thereof to the extent that Tenant has been notified in advance of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental laws, regulations, ordinances, etc.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASE.
Appears in 1 contract
Samples: Lease (Ziplink Inc)
Compliance with Laws, Ordinances, Etc. During SECTION 5.01. Throughout the Lease Termterm of this Mortgage, Tenant shallthe Mortgagor, at Tenant's own its sole cost and expense, shall promptly observe and comply with all laws, orders, regulations, rules, ordinances present and requirements of the federal, state, town, county and municipal governments and future Laws of all Official Bodies including, but not limited to, any national or local Board of Fire Underwriters, or any other governmental and public authorities affecting the Tenant's use and occupancy of the Demised Space. Additionallybody exercising similar functions, Tenant shall comply with the provisions of all insurance policies from time to time in force with respect foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Mortgaged Premises or any part thereof and the sidewalks, curbs and vaults adjoining the Mortgaged Premises or to the extent that Tenant has been notified use or manner of use of the Mortgaged Premises whether or not such Law shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets adjacent to the Mortgaged Premises, or onto or over property contiguous or adjacent thereto.
SECTION 5.02. The Mortgagor shall have the right, after prior written notice to the Mortgagee, to contest by appropriate legal proceedings diligently conducted in advance good faith, without cost or expense to the Mortgagee, the validity or application of any Law of the nature referred to in Section 5.01 hereof or any matter referred to in Sections 2.01 and 7.01 hereof, and which does not subject the Mortgagee to any criminal or civil liability, subject to the following:
(a) If by the terms of any such requirements. Tenant shall further comply with reasonable rules and regulations Law compliance therewith may legally be delayed pending the prosecution of any such proceeding without the incurrence of any Lien of any kind against the Mortgaged Premises (as may be adopted by Landlord from time to time to determined in the extent that Tenant has been notified in advance Mortgagee’s sole judgment), the Mortgagor may delay compliance therewith until the final determination of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental laws, regulations, ordinances, etcproceeding.;
(b) that Tenant If any Lien against the Mortgaged Premises would or might be incurred by reason of any such delay (as may be determined in the Mortgagee’s sole judgment), the Mortgagor nevertheless may contest as aforesaid and delay as aforesaid, provided the Mortgagor (i) furnishes to and maintains with the Mortgagee security, at all times reasonably satisfactory to the Mortgagee, against any loss or injury by reason of such contest or delay, and (ii) prosecutes such contest with due diligence.
SECTION 5.03. The Mortgagor will not use, store, disposepromptly perform and observe, or generate any hazardous materials cause to be performed or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge observed, all of the presence terms, covenants and conditions of all instruments of record affecting the Mortgaged Premises, and the Mortgagor shall do or cause to be done all things necessary to preserve intact and unimpaired any hazardous materials and all easements, appurtenances and other interests and rights in favor of or contamination at constituting any portion of the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Mortgaged Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASE.
Appears in 1 contract
Samples: Credit Agreement (Universal Stainless & Alloy Products Inc)
Compliance with Laws, Ordinances, Etc. During 11.01. Throughout the Lease Termterm of this Lease, Tenant shallexcept to the extent the result of any act of Landlord occurring during the term of this Lease, Tenant, at Tenant's own its sole cost and expense, will promptly comply in all material respects with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, including, without limitation, (i) all Environmental Laws (as defined in Section 26.01), (ii) all laws, ordinances, orders, rules, regulations and requirements relating to the Americans With Disabilities Act of 1990, and (iii) all orders, rules and regulations of the National Board of Fire Underwriters, or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary, as well as extraordinary), which may be applicable to the Property or any part thereof and the sidewalks, alleyways, passageways, curbs and vaults adjoining the Property or to the use or manner of use of the Property or the owners, tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements or other work or interfere with the use and enjoyment of the Property, and Tenant will be liable to Landlord for Tenant's non-compliance based on its negligent acts or omissions.
11.02. Tenant shall likewise observe and comply in all respects with all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy policies of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Property and the improvements thereon, and Tenant shall, in the event of any violation or any attempted violation of the provisions of this Section 11.02, take steps immediately upon knowledge of such violation or attempted violation to remedy or prevent the same, as the case may be, unless and to the extent Tenant is contesting such alleged violation in good faith and with due diligence.
11.03. Tenant shall likewise comply, and will cause its agents, invitees and employees to comply, with the reasonable building rules now or hereafter promulgated by Landlord, none of which shall in any manner that diminishes or adversely affects Tenant's rights under this Lease.
11.04. Provided no Event of Default is then in existence, Tenant shall have the right, after prior written notice to Landlord, to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Tenant or Landlord or both, at Tenant's sole cost and expense and without cost or expense to Landlord, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 11.01 and defer compliance therewith during the pendency of such contest, subject to the following:
(i) If compliance therewith, pending the prosecution of any such proceeding, may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Property or any part thereof and without subjecting Landlord to any liability, civil or criminal, or fine or forfeiture, for failure so to comply therewith during such period, then Tenant may delay compliance therewith until the extent that Tenant has been notified in advance final determination of such requirements. Tenant shall further comply with reasonable rules proceeding.
(ii) If any lien, charge or civil liability would be incurred by reason of any such delay, Tenant, nevertheless, may contest as aforesaid and regulations delay as may aforesaid, provided that such delay would not subject Landlord to criminal liability, fine or forfeiture, or the Property to a lien, and Tenant, prior to instituting any such proceedings, furnishes to Landlord a letter of credit or bond or undertaking by a surety company or cash deposit or other security approved by Landlord, such approval not to be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere unreasonably withheld, conditioned or delayed, securing compliance with the normal contested law, ordinance, order, rule, regulation or requirement and customary use payment of the Demised Space as permitted under this Lease. Tenant shall pay all costsinterest, expenses, claimspenalties, fines, penalties fees and damages that may expenses in connection therewith.
(iii) Any such proceeding instituted by Tenant shall be begun as soon as is reasonably possible after the passage or issuance of any manner arise such law, ordinance, order, rule, regulation or requirement and the application thereof to Tenant or to the Property and shall be prosecuted to final adjudication with dispatch and due diligence.
(iv) Notwithstanding anything to the contrary herein, Tenant shall promptly comply with any such law, ordinance, order, rule, regulation or requirement being contested and compliance shall not be deferred if at any time the Property, or any part thereof, shall be in danger of being forfeited or lost or if Landlord shall be in danger of being subjected to criminal liability or penalty by reason of noncompliance therewith.
(v) Tenant agrees to indemnify and hold Landlord, the joint venturers of Landlord and Landlord's employees, agents and representatives harmless from and against any and all claims, causes of action, judgments, damages, fines, forfeitures, costs, and expenses, including, but not limited to, reasonable attorneys' fees and disbursements, arising out of or be imposed because of the failure of Tenant in connection with Tenant's contesting any such law, ordinance, order, rule, regulation or requirement pursuant to comply with the provisions of this paragraph within thirty Section 11.04.
(30vi) days Landlord will execute and deliver any appropriate papers which may be reasonably necessary or proper to permit Tenant to contest the validity or application of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees any such law, ordinance, order, rule, regulation or requirement (a) that Tenant will not violate any environmental laws, regulations, ordinances, etc.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice subject to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASElimitations described in this Article 11).
Appears in 1 contract
Compliance with Laws, Ordinances, Etc. During 11.01. Throughout the Lease Termterm of this Lease, Tenant shallLessee, at Tenant's own its sole cost and expense, will promptly comply in all respects with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers (including, without limitation, all environmental laws, ordinances, orders, rules, regulations and requirements), and all orders, rules and regulations of the National Board of Fire Underwriters, or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary, as well as extraordinary, which may be applicable to the Property or any part thereof and the sidewalks, alleyways, passageways, curbs and vaults adjoining the Property or to the use or manner of use of the Property or the owners, tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements or other work or interfere with the use and enjoyment of the Property.
11.02. Lessee shall likewise observe and comply in all respects with all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy policies of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Property and the improvements thereon, and Lessee shall, in the event of any violation or any part thereof to the extent that Tenant has been notified in advance attempted violation of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental lawsSection 11.02, regulations, ordinances, etc.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord take steps immediately upon the Tenant's acquiring knowledge of such violation or attempted violation to remedy or prevent the presence same, as the case may be.
11.03. Lessee agrees to perform all obligations of Lessor and pay all expenses which Lessor or Lessee may be required to pay in accordance with, and to comply and cause the Property to comply in all respects with all of the terms and conditions of, any hazardous materials reciprocal easement agreement or contamination at any other agreement or document of record now affecting the Premises Property or hereafter executed with a full description thereof; (e) to give notice to Lessee's written consent during the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASEterm hereof.
Appears in 1 contract
Samples: Lease Agreement (Tiffany & Co)
Compliance with Laws, Ordinances, Etc. During Section 6.1. At all times during the Lease Termterm of this Lease, Tenant shallLessee, at Tenant's own its sole cost and expense, shall promptly observe and comply with all applicable laws, ordinances, orders, regulations, rules, ordinances directions, regulations and requirements of the all federal, state, town, county state and municipal governments governments, courts, departments, commissions, boards and officers, any national or local Board of all Fire Underwriters, or any other governmental and public authorities affecting the Tenant's use and occupancy body exercising functions similar to those of any of the Demised Spaceforegoing, which may be applicable to the Leased Premises or any part thereof and to the sidewalks, curbs adjoining the Leased Premises or to the use or manner of use of the Leased Premises or any part thereof, or to the owners, tenants or occupants thereof, whether or not such law, ordinance, order, rule, direction, regulation or requirement shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets adjacent to the Leased Premises, or onto or over other property contiguous or adjacent thereto. Additionally, Tenant Lessee shall likewise comply with the provisions requirements of all policies of insurance policies from time to at any time in force with respect to the Leased Premises or any part thereof thereof.
Section 6.2. Lessee shall have the right to contest by appropriate proceedings diligently conducted in good faith, in the extent that Tenant has been notified in advance name of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time Lessee or lessor or both, without cost or expense to time to Lessor, the extent that Tenant has been notified in advance validity or application of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use any law, ordinance, order, rule, regulation or requirement of the Demised Space as permitted nature referred to in this Article, under this Lease. Tenant shall pay all coststhe terms, expenses, claims, fines, penalties conditions and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days Article IV hereof governing the contesting of receipt by Tenant Impositions and providing for the indemnification of an invoice and supportive documentation thereof. Tenant further agrees (a) Lessor, provided, however, that Tenant will any such contest does not violate subject Lessee or Lessor to any environmental laws, regulations, ordinances, etccriminal liability.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASE.
Appears in 1 contract
Samples: Lease Agreement (Old Baldy Corp)
Compliance with Laws, Ordinances, Etc. During the Lease Term, The Tenant shall, throughout the demised term, and at Tenant's own cost and expenseno expense whatsoever to the Landlord, promptly observe and comply comply, or cause compliance, with all laws, laws and ordinances and the orders, regulations, rules, ordinances regulations and requirements of the all federal, state, town, county and municipal governments and appropriate departments, commissions, boards and officers thereof, structural or non-structural, foreseen or unforeseen, ordinary as well as extraordinary, and whether or not the same shall presently be within the contemplation of the parties hereto or shall involve any change of governmental policy or require structural or extraordinary repairs, alterations or additions and irrespective of the cost thereof, which may be applicable to the demised premises, including, without limitation, the fixtures and equipment thereof and the sidewalks, curbs and vaults, if any, adjoining the demised premises. The Tenant shall have the right to contest by appropriate legal proceeding, before any tribunal having jurisdiction, whether judicial or administrative, without cost or expense to the Landlord, the validity of any law, ordinance, order, rule, regulation or requirement of the nature herein referred to; provided, however, that if requested to do so by the Landlord, the Tenant shall first furnish to the Landlord a bond, in form and amount, and issued by a surety company, reasonably satisfactory to the Landlord, guaranteeing to the Landlord compliance by the Tenant with such law, ordinance, order, rule, regulation or requirement, and indemnifying the Landlord against any and all other governmental liability, loss and public authorities affecting damage which the Landlord may sustain by reason of the Tenant's use and occupancy failure or delay in complying therewith. The Landlord shall have the right, but shall be under no obligation, to contest by appropriate legal proceedings, at the Landlord's expense, any such law, ordinance, rule, regulation or requirement. No abatement, diminution or reduction of the Demised Spaceannual rental, or of any additional rent or other charges required to be paid by the Tenant pursuant to the terms of this Lease, shall be claimed by, or allowed to, the Tenant for any inconvenience, interruption, cessation or loss of business or otherwise caused, directly or indirectly, by any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, or of the State, County or City governments, or of any other municipal, governmental or lawful authority whatsoever, or by priorities, rationing or curtailment of labor or materials, or by war, civil commotion, strikes or riots, or any matter or thing resulting therefrom, or by any other cause or causes beyond the control of the Landlord, nor shall this Lease be affected by any such cause. AdditionallyNo diminution of the amount of space used by the Tenant caused by legally required changes in the construction, equipment, operation or use of the demised premises shall entitle the Tenant to any reduction or abatement of annual rental, additional rent or any other charges required to be paid by the Tenant hereunder. Tenant shall likewise observe and comply with the provisions requirement of all policies of public liability and fire insurance and all other policies from time to of insurance at any time in force with respect to the Premises or any part thereof to the extent that Tenant has been notified in advance of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental laws, regulations, ordinances, etcdemised premises.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASE.
Appears in 1 contract
Compliance with Laws, Ordinances, Etc. Section 8.1 During the Lease Termterm of this Lease, Tenant shallLESSEE at its sole expense and cost, at Tenant's own cost and expense, shall promptly observe and comply with all present and future laws, ordinances, orders, regulations, rules, ordinances regulations and requirements of the all federal, state, town, county state and municipal governments governments, courts, departments, commissions, boards and officers, any national or local Board of all Fire Underwriters, or any other governmental body exercising functions similar to those of any of the foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Demised Premises, and public authorities affecting the Tenant's sidewalks and curbs adjoining the Demised Premises, or to the use and occupancy or manner of use of the Demised SpacePremises, or the owner, tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets adjacent to the Demised Premises, or onto or over other property contiguous or adjacent thereto.
Section 8.2 LESSEE shall have the right to contest by appropriate proceedings diligently conducted in good faith, in the name of LESSEE or LESSOR, or both, without cost or expense to LESSOR, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred-to in Section 8.1 hereof. AdditionallyIf by the terms of any such law, Tenant ordinance, order, rule, regulation or requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Demised Premises or LESSEE'S leasehold interest therein and without subjecting LESSEE or LESSOR to any liability, civil or criminal, for failure so to comply therewith, LESSEE may delay compliance therewith until the final determination of such proceeding. If any claim, lien charge or civil liability would be incurred by reason of any such delay, LESSEE nevertheless, with the prior written consent of LESSOR (such consent not
(i) furnishes to LESSOR security reasonably satisfactory to LESSOR, against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with due diligence. LESSOR shall comply with not be required to join in any proceedings referred to in this Section unless the provisions of all insurance policies from time to any applicable law, rule or regulation at the time in force with respect effect shall require that such proceedings be brought by and/or in the name of the LESSOR, in which event LESSOR shall join in such proceedings or permit the same to be brought in his name. LESSEE may delegate the right to bring any such proceeding to any person or entity having an interest in the Demised Premises or any part thereof to the extent that Tenant has been notified in advance of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental laws, regulations, ordinances, etc.; (b) that Tenant will not use, store, dispose, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASE.
Appears in 1 contract
Samples: Lease (Peaches Entertainment Corp)
Compliance with Laws, Ordinances, Etc. During Section 8.01 Tenant shall not use or occupy or permit the Lease TermDemised ------------ Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which may make it difficult or impossible to obtain fire or other insurance thereon required to be furnished by Tenant shallhereunder, or as will cause or be apt to cause structural injury to the buildings or any part thereof, or as will constitute a public or private nuisance. Except with respect to or arising out of Creative Retailers, Inc.'s tenancy and operations at the Property, during the term of this Lease, Tenant, at Tenant's own its sole cost and expense, shall promptly observe and comply with all present and future laws, environmental statutes, ordinances, orders, regulations, rules, ordinances regulations and requirements of the all federal, state, town, county state and municipal governments governments, courts, departments, commissions, boards and officers, any national or local Board of Fire Underwriters, any insurance underwriting board or insurance inspection bureau, and of all other governmental and public authorities affecting the Tenant's use and occupancy insurance carriers in respect of the Demised Space. AdditionallyProperty, Tenant shall comply with or any other body exercising functions similar to those of any of the provisions of all insurance policies from time to time in force with respect foregoing, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises Property or any part thereof and the sidewalks, curbs, streets and roads adjoining the Property or to the extent that Tenant has been notified in advance use or manner of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant Premises or the owners, tenants or occupants thereof, even though such law, ordinance, rule, order, regulation or requirement shall pay all costsnecessitate structural changes, expensesrepairs or improvements, claims, fines, penalties and damages that may in any manner arise out or the use or application of or be imposed because portions of the failure Demised Premises for compliance therewith, or the removal of Tenant hazardous waste or other materials on, under or adjacent to comply the Property due to the action or inaction of Tenant, or its employees, agents or contractors, or the removal of any encroachments or projections, ornamental, structural or otherwise, onto or over the streets adjacent to the Property, or onto or over other property contiguous or adjacent thereto, and even though compliance with the provisions of this paragraph within thirty (30) days Section 8.01 may interfere with the use and enjoyment of receipt by Tenant the Demised Premises. Notwithstanding the foregoing, any Structural Repairs which are not required as a result of an invoice the manner of use of the Demised Premises, shall be Landlord's obligation to perform and supportive documentation thereofcomply with. Tenant further agrees (a) shall protect, hold harmless and indemnify Landlord of and from all fines, penalties, claims for damages of every kind and nature, including, but not limited to clean up costs, arising out of any failure to comply with any such law, ordinance, order, rule, regulation or requirement, the intention of the parties being with respect thereto that, except as hereinafter specifically provided, Tenant during the term of this Lease shall discharge and perform all the obligations of Landlord, as well as all the obligations of Tenant, arising as aforesaid, and save harmless Landlord therefrom, so that at all times the rental of the Demised Premises shall be net to Landlord without deduction or expenses on account of any such law, ordinance, rule, order, regulation or requirement, whatever it may be.
Section 8.02 Tenant will not violate shall have the right to contest by appropriate ------------ proceedings diligently conducted in good faith, in the name of Tenant or Landlord or both, without cost or expense to Landlord, the validity or application of any environmental lawslaw, regulationsordinance, ordinancesorder, etc.; (b) that Tenant will not userule, storeregulation or requirement of the nature referred to in Section 8.01 hereof. If by the terms of any such law, disposeordinance, order, rule, regulation or generate requirement, compliance therewith pending the prosecution of any hazardous materials such proceeding may legally be delayed without the incurrence of any lien, charge or contaminants liability of any kind against the Property or the Demised Premises or Tenant's leasehold interest in the Demised Space Premises and without subjecting Tenant or Landlord to any liability, civil or criminal, for failure so to comply therewith and without violating the Premises; provisions of any fee mortgage, Tenant may delay compliance therewith until the final determination of such proceeding. If any lien, charge or civil liability would be incurred by reason of any such delay, Tenant nevertheless, with the prior consent of Landlord, may contest and delay as aforesaid, provided that such delay would not subject Landlord to criminal liability and Tenant
(ci) furnishes to Landlord security, satisfactory to Landlord, against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with due diligence. Landlord shall not be required to join in any proceeding referred to in this Section unless the provisions of any applicable law, rule or regulation at the time in effect shall require that such proceeding be brought by and/or in the Tenant will not cause name of Landlord, in which event Landlord shall join in such proceeding or permit the same to be brought in its name, but Tenant shall reimburse Landlord for any condition which would create contamination on the Premises; reasonable out-of-pocket expense incurred by Landlord in connection therewith (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence of any hazardous materials or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASEincluding reasonable attorneys' fees).
Appears in 1 contract
Samples: Lease (Norton McNaughton Inc)
Compliance with Laws, Ordinances, Etc. During 11.1 Throughout the Lease TermTerm of this Lease, Tenant shallLessee, at Tenant's own its sole cost and expense, will promptly comply in all material respects with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers (including, without limitation, all environmental laws, ordinances, orders, rules, regulations and requirements), and all orders, rules and regulations of the National Board of Fire Underwriters, or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary, as well as extraordinary, which may be applicable to the Property or any part thereof and the sidewalks, alleyways, passageways, curbs and vaults adjoining the Property or to the use or manner of use of the Property or the tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements or other work or interfere with the use and enjoyment of the Property.
11.2 Lessee shall likewise observe and comply in all material respects with all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy policies of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Property and the improvements thereon, and Lessee shall, in the event of any violation or any attempted violation of the provisions of this Section 11.02, take steps immediately upon obtaining knowledge of such violation or attempted violation to remedy or prevent the same, as the case may be.
11.3 Provided no Event of Default is then in existence, Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee or Lessor or both, at Lessee’s sole cost and expense and without cost or expense to Lessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 11.01 and defer compliance therewith during the pendency of such contest, subject to the following:
(a) If compliance therewith, pending the prosecution of any such proceeding, may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Property or any part thereof and without subjecting Lessor to any liability, civil or criminal, or fine or forfeiture, for failure so to comply therewith during such period, then Lessee may delay compliance therewith until the extent that Tenant has been notified in advance final determination of such requirements. Tenant shall further comply with reasonable rules proceeding.
(b) If any lien, charge or civil liability would be incurred by reason of any such delay, Lessee, nevertheless, may contest as aforesaid and regulations delay as may aforesaid, provided that such delay would not subject Lessor to criminal liability, fine or forfeiture, or the Property to a lien, and Lessee, prior to instituting any such proceedings, furnishes to Lessor a letter of credit or bond or undertaking by a surety company or cash deposit or other security reasonably satisfactory to Lessor (such choice of security to be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere at Lessor’s sole option) securing compliance with the normal contested law, ordinance, order, rule, regulation or requirement and customary use payment of the Demised Space as permitted under this Lease. Tenant shall pay all costsinterest, expenses, claimspenalties, fines, penalties fees and damages that may expenses in connection therewith.
(c) Any such proceeding instituted by Lessee shall be begun as soon as is reasonably possible after the passage or issuance of any manner arise such law, ordinance, order, rule, regulation or requirement and the application thereof to Lessee or to the Property and shall be prosecuted to final adjudication with dispatch and due diligence.
(d) Notwithstanding anything to the contrary herein, Lessee shall promptly comply with any such law, ordinance, order, rule, regulation or requirement being contested and compliance shall not be deferred if at any time the Property or any part thereof shall be in danger of being forfeited or lost or if Lessor shall be in danger of being subjected to criminal liability or penalty by reason of noncompliance therewith.
(e) Lessee agrees to indemnify and hold Lessor, the partners of Lessor and Lessor’s employees, agents and representatives harmless from and against any and all claims, causes of action, judgments, damages, fines, forfeitures, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and disbursements, arising out of or be imposed because of the in connection with Lessee’s failure of Tenant to comply with and/or contesting any such law, ordinance, order, rule, regulation or requirement pursuant to the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice Section 11.03. Lessor will execute and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate deliver any environmental lawsappropriate papers which may be reasonably necessary or proper, regulationsand otherwise reasonably cooperate with Lessee, ordinances, etc.; (b) that Tenant will not use, store, dispose, to permit Lessee to contest the validity or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence application of any hazardous materials such law, ordinance, order, rule, regulation or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASErequirement.
Appears in 1 contract
Compliance with Laws, Ordinances, Etc. During SECTION 8.01. Throughout the Lease Termterm of this Lease, Tenant shallLessee, at Tenant's own Lessee’s sole cost and expense, shall promptly remove any violation and shall promptly comply with any and all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions, boards and officers, any national or local Board of Fire Underwriters, or any other body now or hereafter exercising functions similar to those of any of the foregoing, which may affect or be applicable to the Demised Premises or any part thereof, or the sidewalks, curbs, vaults, passageways, alleys, entrances, coverings or rooflike structures placed upon or extending over any sidewalk, or any space adjacent thereto, or to the use or manner of use of the Demised Premises or any part thereof, or the owners, lessees or occupants thereof, whether or not any such violation or any such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes, additions, improvements, the removal of any structure, encroachments or projections, ornamental or structural, onto or over the streets or avenue adjacent to the Demised Premises, or onto or over property contiguous or adjacent thereto, and whether or not the correction or removal so necessitated shall have been foreseen or unforeseen or whether the same shall involve radical or extraordinary construction or other disposition.
SECTION 8.02. Lessee shall likewise observe and comply with with, or shall cause to he observed and complied with, all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Demised Premises.
SECTION 8.03. Lessee shall hare the right, after prior written notice to Lessor, to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee or Lessor or both, without cost or expense to Lessor, the validity or application of any part thereof law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 8.01 hereof, subject to the extent that Tenant has been notified in advance of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees following:
(a) that Tenant will not violate If by the terms of any environmental lawssuch law, regulationsordinance, ordinancesorder, etcrule, regulation or requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Demised Premises or Lessee’s leasehold interest therein and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding.;
(b) that Tenant will not useIf any lien, storecharge or civil liability would be incurred by reason of any such delay, disposeLessee nevertheless, or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; prior written consent of Lessor (dwhich consent Lessor agrees shall not be unreasonably withheld), may contest as aforesaid and delay as aforesaid, provided that such delay would not subject Lessor to criminal liability and Lessee (1) furnishes to give notice Lessor security, reasonably satisfactory to Lessor against any loss or injury by reason of such contest or delay, and (2) prosecutes the Landlord immediately upon contest with due diligence and in good faith. Lessor shall, at Lessee’s sole cost and expense, including reasonable counsel fees, execute and deliver any appropriate papers which may be necessary or proper to permit Lessee so to contest the Tenant's acquiring knowledge of the presence validity or application of any hazardous materials sack law, ordinance, order, rule, regulation or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASErequirement.
Appears in 1 contract
Compliance with Laws, Ordinances, Etc. During 11.01. Throughout the Lease TermTerm of this Lease, Tenant shallLessee, at Tenant's own its sole cost and expense, will promptly comply in all material respects with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers (including, without limitation, all environmental laws, ordinances, orders, rules, regulations and requirements), and all orders, rules and regulations of the National Board of Fire Underwriters, or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary, as well as extraordinary, which may be applicable to the Property or any part thereof and the sidewalks, alleyways, passageways, curbs and vaults adjoining the Property or to the use or manner of use of the Property or the tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements or other work or interfere with the use and enjoyment of the Property.
11.02. Lessee shall likewise observe and comply in all material respects with all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy policies of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Property and the improvements thereon, and Lessee shall, in the event of any violation or any attempted violation of the provisions of this Section 11.02, take steps immediately upon obtaining knowledge of such violation or attempted violation to remedy or prevent the same, as the case may be.
11.03. Provided no Event of Default is then in existence, Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee or Lessor or both, at Lessee’s sole cost and expense and without cost or expense to Lessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 11.01 and defer compliance therewith during the pendency of such contest, subject to the following:
(a) If compliance therewith, pending the prosecution of any such proceeding, may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Property or any part thereof and without subjecting Lessor to any liability, civil or criminal, or fine or forfeiture, for failure so to comply therewith during such period, then Lessee may delay compliance therewith until the extent that Tenant has been notified in advance final determination of such requirements. Tenant shall further comply with reasonable rules proceeding.
(b) If any lien, charge or civil liability would be incurred by reason of any such delay, Lessee, nevertheless, may contest as aforesaid and regulations delay as may aforesaid, provided that such delay would not subject Lessor to criminal liability, fine or forfeiture, or the Property to a lien, and Lessee, prior to instituting any such proceedings, furnishes to Lessor a letter of credit or bond or undertaking by a surety company or cash deposit or other security reasonably satisfactory to Lessor (such choice of security to be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere at Lessor’s sole option) securing compliance with the normal contested law, ordinance, order, rule, regulation or requirement and customary use payment of the Demised Space as permitted under this Lease. Tenant shall pay all costsinterest, expenses, claimspenalties, fines, penalties fees and damages that may expenses in connection therewith.
(c) Any such proceeding instituted by Lessee shall be begun as soon as is reasonably possible after the passage or issuance of any manner arise such law, ordinance, order, rule, regulation or requirement and the application thereof to Lessee or to the Property and shall be prosecuted to final adjudication with dispatch and due diligence.
(d) Notwithstanding anything to the contrary herein, Lessee shall promptly comply with any such law, ordinance, order, rule, regulation or requirement being contested and compliance shall not be deferred if at any time the Property or any part thereof shall be in danger of being forfeited or lost or if Lessor shall be in danger of being subjected to criminal liability or penalty by reason of noncompliance therewith.
(e) Lessee agrees to indemnify and hold Lessor, the partners of Lessor and Lessor’s employees, agents and representatives harmless from and against any and all claims, causes of action, judgments, damages, fines, forfeitures, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and disbursements, arising out of or be imposed because of the in connection with Lessee’s failure of Tenant to comply with and/or contesting any such law, ordinance, order, rule, regulation or requirement pursuant to the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice Section 11.03. Lessor will execute and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate deliver any environmental lawsappropriate papers which may be reasonably necessary or proper, regulationsand otherwise reasonably cooperate with Lessee, ordinances, etc.; (b) that Tenant will not use, store, dispose, to permit Lessee to contest the validity or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence application of any hazardous materials such law, ordinance, order, rule, regulation or contamination at the Premises with a full description thereof; (e) to give notice to the Landlord immediately of any notice of violation of any laws, rules or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASErequirement.
Appears in 1 contract
Compliance with Laws, Ordinances, Etc. During Section 8.01. Throughout the Lease Termterm of this Lease, Tenant shallLessee, at Tenant's own its sole cost and expense, will promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and officers, and all orders, rules and regulations of the National Board of Fire Underwriters, the New York Board of Fire Underwriters or any other body or bodies exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Property and the sidewalks, alleyways, passageways, curbs and vaults adjoining the Property or to the use or manner of use of the Property or the owners, tenants or occupants thereof, whether or not such law, ordinance, order, rule, regulation or requirement shall necessitate structural changes or improvements or interfere with the use and enjoyment of the Property.
Section 8.02. Lessee shall likewise observe and comply with all laws, orders, regulations, rules, ordinances and the requirements of the federalall policies of public liability, state, town, county fire and municipal governments and of all other governmental and public authorities affecting the Tenant's use and occupancy policies of the Demised Space. Additionally, Tenant shall comply with the provisions of all insurance policies from time to at any time in force with respect to the Premises Building, and Lessee shall, in the event of any violation or any attempted violation of the provisions of this Section by any’ subtenant, take steps, immediately upon knowledge of such violation or attempted violation, to remedy or prevent the same as the case may be.
Section 8.03. Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee or Lessor or both, without cost or expense to Lessor, the validity or application of any law, ordinance, order, rule, regulation or requirement of the nature referred to in Section 8.01 hereof, subject to the following:
(a) If by the terms of any such law, ordinance, order, rule, regulation or requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or liability of any kind against the Property or any part thereof and without subjecting Lessee or Lessor to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the extent that Tenant has been notified in advance final determination of such requirements. Tenant shall further comply with reasonable rules and regulations as may be adopted by Landlord from time to time to the extent that Tenant has been notified in advance of such rules and regulations and all modifications thereto and such rules and regulations do not substantially interfere with the normal and customary use of the Demised Space as permitted under this Lease. Tenant shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the provisions of this paragraph within thirty (30) days of receipt by Tenant of an invoice and supportive documentation thereof. Tenant further agrees (a) that Tenant will not violate any environmental laws, regulations, ordinances, etcproceeding.;
(b) that Tenant will not useIf any lien, store, dispose, charge or generate any hazardous materials or contaminants in the Demised Space or the Premises; (c) that the Tenant will not cause or permit any condition which civil liability would create contamination on the Premises; (d) to give notice to the Landlord immediately upon the Tenant's acquiring knowledge of the presence be incurred by reason of any hazardous materials such delay, Lessee nevertheless, may contest as aforesaid and delay as aforesaid, provided that such delay would not subject Lessor to criminal liability or contamination at fine and Lessee (i) furnishes to Lessor security, reasonably satisfactory to Lessor against any loss or injury by reason of such contest or delay, and (ii) prosecutes the Premises contest with a full description thereof; (e) due diligence. Lessor will execute and deliver any appropriate papers which may be necessary or proper to give notice permit Lessee so to contest the Landlord immediately validity or application of any notice of violation of any lawssuch law, rules ordinance, order, rule, regulation or regulations regulating hazardous materials or contamination at the Premises; and (f) to promptly comply with any governmental requirements requiring the removal, treatment or disposal of such hazardous materials or contamination generated, located, or placed on or at the Demised Space or the Premises by the Tenant, its employees, representatives, agents, contractors or invitees. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SPECIFICALLY SURVIVE THE BREACH, EXPIRATION, OR TERMINATION OF THIS LEASErequirement.
Appears in 1 contract
Samples: Lease (Empire State Realty OP, L.P.)