Compliance with Laws, Rules and Regulations. Tenant, at Tenant’s sole cost and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, or which are applicable in the jurisdiction(s) in which the Property is located (all of the foregoing, the “Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules and Regulations of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant.
Appears in 1 contract
Samples: Office Lease (Pc Connection Inc)
Compliance with Laws, Rules and Regulations. TenantLessee, at Tenant’s Lessee's sole cost and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or or other agencies and/or or bodies having jurisdiction over the use, condition or and occupancy of the Leased Premisesleased premises. Lessee must use and maintain the leased premises in a clean, careful, safe and proper manner and in compliance with all applicable laws, ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, "Applicable Laws"), including Applicable Laws pertaining to health, safety, disabled persons and the environment; provided, however, that Lessee shall not be required to make any structural changes or repairs to the leased premises unless the need for such structural changes or repairs is caused by Lessee, its agents, employees, invitees or others for whom Lessee is responsible pursuant to the terms and provisions of this Lease. Notwithstanding anything to the contrary contained elsewhere in this section 3.03, it is expressly agreed and understood that Lessee's obligation to comply with all Applicable Laws does not apply to any violations of Applicable Laws which are applicable were in effect and the jurisdiction(s) leased premises was not in which compliance with or were being violated immediately prior to the Property is located (time Lessee accepted the leased premises, including without limitation, any existing environmental contamination. Further, Lessor, at Lessor's sole cost and expense, shall be responsible for any structural changes or other repairs, alterations or other actions necessary to bring the leased premises into compliance with Applicable Laws as in effect immediately prior to the time Lessee accepted the leased premises, including without limitation, all of the foregoingApplicable Laws pertaining to health, safety, the “Legal Requirements”)environment and disabled persons. Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant Lessee will comply with the Rules rules and Regulations regulations of the Property leased premises adopted by Landlord Lessor which are set forth in on Exhibit “D” "B" attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord Lessor shall have the right at all times to change and amend the Rules rules and Regulations regulations in any reasonable manner as it may deem be deemed advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premisesleased premises. All changes and amendments to the Rules rules and Regulations regulations of the Property leased premises will be forwarded sent by Landlord Lessor to Tenant Lessee in writing and shall thereafter be carried out and observed by TenantLessee.
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Compliance with Laws, Rules and Regulations. (a) Tenant covenants and agrees that, except as otherwise set forth in this Section 12, it will, at its own cost, promptly comply with and carry out all Legal Requirements, including, but not limited to Environmental Laws, as defined below, to the extent that same apply to the manner of Tenant’s occupation or use of the Leased Premises, the conduct of Tenant’s business therein, the construction of any Alterations to the Leased Premises by or on behalf of Tenant, any termination of this Lease and surrender of possession by Tenant, or any acts, omissions or other activities of Tenant in or on the Office Park. Subject to the foregoing, to the extent that any Legal Requirements require modifications to the Leased Premises or the Building, in order to bring same into compliance with Legal Requirements and such Legal Requirements were in effect prior to the date of this Lease, Landlord shall be responsible for the compliance of such items with such Legal Requirements at Landlord’s cost. Notwithstanding anything to the contrary in this Lease, Landlord shall be responsible for, and Tenant shall not be required to comply with or cause the Leased Premises to comply with, any laws, rules, regulations or insurance requirements that require the construction of alterations unless such compliance is necessitated solely due to Tenant’s sole particular manner of use of or alterations to the Leased Premises.
(b) The Tenant agrees, at its own cost and expense, shall to comply with all lawssuch regulations or requests as may be required by the fire or liability insurance carriers providing insurance for the Leased Premises, ordinancesand the Board of Fire Underwriters, orders, rules in connection with Tenant’s use and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, or which are applicable in .
(c) In case the jurisdiction(s) in which the Property is located (all of the foregoing, the “Tenant shall fail to comply with Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules and Regulations of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, then Landlord may, at its electionafter 10 days’ notice (except for emergency repairs, which may be made immediately), enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in take any reasonable manner as it may deem advisable for actions to comply with them, at the safety, care, cleanliness, preservation of good order cost and operation or use expense of the Property or Tenant. In addition to Landlord’s rights and remedies by reason of default by Tenant, the Leased Premises. All changes and amendments cost thereof shall be added to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing next month’s Rent and shall thereafter be carried out due and observed by Tenantpayable as such.
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Compliance with Laws, Rules and Regulations. (a) Tenant, at Tenant’s 's sole cost and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or or other agencies and/or or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, or which are applicable in the jurisdiction(s) in which the Property is located (all of the foregoing, the “Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises.
(b) The "Americans with Disabilities Act of 1990" (ADA) is a federal law that prohibits discrimination on the basis of disability. The requirements of this act vary with the type of business the Tenant is engaged in and the number of employees the Tenant has both at this, and other locations. The Landlord is not qualified to determine which provisions of the ADA apply to Tenant. Therefore, the Tenant shall determine if the Premises complies with the accessibility guidelines under ADA and advise the Landlord if any physical modifications to this facility are required to meet the Tenant's needs under this law, or any other law, code or regulations. Modifications requested by Tenant to the Premises shall be made by the Landlord, and the Tenant shall pay Landlord the full cost of the modifications requested. The Tenant shall indemnify and hold harmless the Landlord and its agents and employees from and against valid, substantive claims, damages, losses and expenses, including but not limited to Attorney's fees, arising out of or resulting from the Tenants compliance or failure to comply with the ADA or other laws, codes or regulations.
(c) Tenant will comply with the Rules rules and Regulations regulations of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. hereto as EXHIBIT E. If Tenant is not complying with the Rules such rules and Regulationsregulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, and within 24 hours written notice to Tenant, enter the Leased Premises without liability therefor and fulfill Tenant’s 's obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand demand, as Additional Rent, for any expenses which Landlord may incur in effecting compliance with Tenant’s 's obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules rules and Regulations regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules rules and Regulations regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant.
Appears in 1 contract
Compliance with Laws, Rules and Regulations. 24.1 Tenant, at Tenant’s sole cost and 's own expense, (a) shall comply with all federal, state, municipal, fire underwriting and other laws, ordinances, orders, rules and regulations applicable to the Premises and the business conducted therein by Tenant, (b) shall not engage in any activity which would cause Landlord's fire and extended coverage insurance to be cancelled or the rate therefor to be increased (or, at Landlord's option, Tenant shall pay any such increase to Landlord immediately upon demand as additional rental in the event of such rate increase by reason of such activity), (c) shall not commit, and shall cause Tenant's agents, employees and invitees not to commit, any and all state, federal, municipal and/or act which is a nuisance or annoyance to Landlord or to other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premisestenants, or which are applicable might, in the jurisdiction(sreasonable judgment of Landlord, damage Landlord's goodwill or reputation, or tend to injure or depreciate the Building, (d) shall not commit or permit waste in the Premises or the Building, (e) shall not paint, erect or display any sign, advertisement, placard or lettering which is visible in the Property is located (all corridors or lobby of the foregoing, Building or from the “Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules and Regulations exterior of the Property adopted by Landlord which are set forth Building without Landlord's prior written approval, and (f) shall not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose other than the Permitted Use specified in Exhibit “D” attached to this LeaseParagraph l.P. hereof. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying a controversy arises concerning Tenant's compliance with any term federal, state, municipal or provision of this Article 3other laws, thenordinances, notwithstanding anything orders, rules or regulations applicable to the contrary contained hereinPremises and the business conducted therein by Tenant, Landlord maymay retain consultants of recognized standing to investigate Tenant's compliance. If it is determined that Tenant has not complied as required, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any all reasonable and necessary expenses and fees incurred by Landlord in conducting such investigation.
24.2 Tenant, and Tenant's agents, employees and invitees shall comply fully with all requirements of the rules and regulations of the Building which Landlord may incur in effecting compliance with Tenant’s obligations are attached hereto as EXHIBIT "C" and agrees that Landlord shall not be liable for any damages resulting to Tenant from such actionmade a part hereof. Landlord shall at all times have the right at all times to change such rules and regulations or to amend the Rules and Regulations or supplement them in any reasonable such manner as it may deem be deemed advisable for the safety, care, cleanliness, care and cleanliness of the Premises and the Building and for preservation of good order therein, all of which rules and operation regulations, changes and amendments shall be forwarded to Tenant and shall be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such rules and regulations by the employees, agents and invitees of Tenant. Landlord hereby reserves the right to designate, or use of otherwise control the Property or allocation of, parking spaces for the Leased Premises. All changes and amendments to in the Rules rules and Regulations regulations of the Property Building will be forwarded sent by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant. No outside storage or accumulation of supplies, inventory, building materials or debris shall be permitted without prior written consent from the Landlord. Tenant expressly agrees to comply with and conform to all restrictive covenants of record or subsequently filed of record affecting the Premises.
Appears in 1 contract
Compliance with Laws, Rules and Regulations. Tenant, at Tenant’s sole cost (a) The Tenant agrees that upon acceptance and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, it will, at its own cost and expense, comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Municipal governments arising from the operations of Tenant at the Leased Premises. The Tenant also agrees that it will not commit any nuisance, and will dispose of all garbage and waste in connection with its operations so as to avoid unreasonable emissions of dirt, fumes, odors or debris.
(b) The Tenant agrees, at its own cost and expense, to comply with such regulations or requests as may be required by the fire or liability insurance carriers providing insurance for the Leased Premises, and the Board of Fire Underwriters, in connection with Tenant’s use and occupancy of the Leased Premises; provided, however, that if any such regulation or request is of general applicability and requires a capital improvement (i.e. the capital improvement is not requested or required as a result of Tenant’s specific use of or operations at the Leased Premises) then Tenant shall only be responsible for the payment of that portion of the capital expenditure as the remaining balance of the term bears to the useful life of the capital expenditure, and Landlord shall be responsible for the payment of the difference. Tenant’s portion of the capital improvement shall be amortized over the balance of the term of this Lease, and shall be payable in monthly installments on the first day of each month. Initial: Landlord ___
12.2 In case the Tenant shall fail to comply with all material provisions of the aforesaid statutes, ordinances, rules, orders, regulations and requirements then the Landlord may, after 10 days’ notice (except for emergency repairs, which are applicable may be made immediately), enter the Leased Premises and take any reasonable actions to comply with them, at the cost and expense of the Tenant. The cost thereof shall be added to the next month’s rent and shall be due and payable as such, or the Landlord may deduct the same from the balance of any sum remaining in the jurisdiction(sLandlord’s hands. This provision is in addition to the right of the Landlord to terminate this Lease by reason of any default on the part of the Tenant. However, in the event that all necessary repairs are made by Tenant, the initial failure to comply with the aforesaid laws and regulations shall not constitute an event of default.
12.3 Tenant expressly covenants and agrees to indemnify, defend and save the Landlord harmless against any claim, damage, liability, cost, penalties, or fines which the Landlord may suffer as a result of air, ground or water pollution caused by the Tenant in its use of the Leased Premises. The Tenant covenants and agrees to notify the Landlord immediately of any claim or notice served upon it with respect to any claim that the Tenant is causing air, ground or water pollution; and the Tenant shall take immediate steps to halt, remedy or cure any pollution of air, ground or water caused by the Tenant by its use of the Leased Premises.
12.4 Tenant expressly covenants and agrees to fully comply with the provisions of the New Jersey Industrial Site Recovery Act (N.J.S.A.13:1K-6 et seq.) “ISRA”, and its regulations, prior to the termination of the Lease or at any time that any action of the Tenant triggers the applicability of ISRA. In particular, the Tenant agrees that it shall comply with the provisions of ISRA in the event of any “closing, terminating or transferring” of Tenant’s operations, as defined by and in accordance with the ISRA regulations. In the event evidence of such compliance is not delivered to the Landlord prior to surrender of the Leased Premises by the Tenant to the Landlord, it is understood and agreed that the Tenant shall be liable to pay to the Landlord an amount equal to two times the Base Rent then in effect, together with all applicable Additional Rent from the date of such surrender until such time as evidence of compliance with ISRA has been delivered to the Landlord, and together with any costs and expenses incurred by Landlord in enforcing Tenant’s obligations under this paragraph. Evidence of compliance, as used herein, shall mean a “letter of non-applicability” issued by the New Initial: Landlord ___ Jersey Department of Environmental Protection (“NJDEP”), an approved “negative declaration” or a “remedial action work plan” which has been fully implemented and approved by the NJDEP. Evidence of compliance shall be delivered to the Landlord, together with copies of all submission made to the NJDEP, including all environmental reports, test results and other supporting documentation. In addition to the above, Tenant agrees that it shall cooperate with Landlord in the event ISRA is applicable to any portion of the property of which the Leased Premises are a part. In such case, Tenant agrees that it shall fully cooperate with Landlord in connection with any information or documentation which may be requested by the NJDEP. In the event that any remediation of the Property is located (all of required in connection with the foregoing, the “Legal Requirements”). conduct by Tenant shall procure at its own expense all permits and licenses required for the transaction of its business at the Leased Premises, Tenant expressly covenants and agrees that it shall be responsible for that portion of the remediation which is attributable to the Tenant’s operation. Tenant hereby represents and warrants that its Standard Industrial Classification No. is 8731 and that Tenant shall not generate, manufacture, refine, transport, treat, store, handle or dispose of “hazardous substances” as the same are defined under ISRA and the regulations promulgated pursuant thereto, except in strict compliance with all governmental rules, regulations and procedures. Tenant hereby agrees that it shall promptly inform Landlord of any change in its SIC number, and obtain Landlord’s consent for any voluntary change in its SIC number which would subject the Leased Premises to ISRA, and obtain Landlord’s consent for any change in the nature of the business to be conducted in the Leased Premises. Tenant will comply with The within covenants shall survive the Rules and Regulations expiration or earlier termination of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenantlease term.
Appears in 1 contract
Samples: Lease Agreement (Xenogen Corp)
Compliance with Laws, Rules and Regulations. Tenant, at Tenant’s sole cost (a) The Tenant agrees that upon acceptance and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, it will, at its own cost and expense, comply with all statutes, ordinances, rules, orders, Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 regulations and requirements of the Federal, State and Municipal governments arising from the operations of Tenant at the Leased Premises. The Tenant also agrees that it will not commit any nuisance or which are applicable excessive noise, and will dispose of all garbage and waste in connection with its operations so as to avoid unreasonable emissions of dirt, fumes, odors or debris. Tenant has advised Landlord that it uses blood borne pathogens in the jurisdiction(snormal course of its business. Landlord has no objection to such use, provided Tenant complies with all laws, rules and regulations regarding the use and disposal of such blood borne pathogens.
(b) The Tenant agrees, at its own cost and expense, to comply with such regulations or requests as may be required by the fire or liability insurance carriers providing insurance for the Leased Premises, and the Board of Fire Underwriters, in connection with Tenant's use and occupancy of the Leased Premises.
12.2 In case the Tenant shall fail to comply with all material provisions of the aforesaid statutes, ordinances, rules, orders, regulations and requirements then the Landlord may, after 15 days' notice (except for emergency repairs, which may be made immediately), enter the Leased Premises and take any reasonable actions to comply with them, at the cost and expense of the Tenant. The cost thereof shall be added to the next month's rent and shall be due and payable as such, or the Landlord may deduct the same from the balance of any sum remaining in the Landlord's hands. This provision is in addition to the right of the Landlord to terminate this Lease by reason of any default on the part of the Tenant. However, in the event that all necessary repairs are made by Tenant, or the Tenant has commenced repairs with 15 days of notice, the initial failure to comply with the aforesaid laws and regulations shall not constitute an event of default.
12.3 Tenant expressly covenants and agrees to indemnify, defend and save the Landlord harmless against any claim, damage, liability, cost, penalties, or fines which the Landlord may Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 suffer as a result of air, ground or water pollution directly caused by the Tenant in its use of the Leased Premises. The Tenant covenants and agrees to notify the Landlord immediately of any claim or notice served upon it with respect to any claim that the Tenant is causing air, ground or water pollution; and the Tenant shall take immediate steps to halt, remedy or cure any pollution of air, ground or water caused by the Tenant by its use of the Leased Premises.
12.4 Tenant expressly covenants and agrees to fully comply with the provisions of the New Jersey Industrial Site Recovery Act (N.J.S.A. 13:lK-6, et seq.) "ISRA", and its regulations, prior to the termination of the Lease or at any time that any action of the Tenant triggers the applicability of ISRA. In particular, the Tenant agrees that it shall comply with the provisions of ISRA in the event of any "closing, terminating or transferring" of Tenant's operations, as defined by and in accordance with the regulations. In the event evidence of such compliance is not delivered to the Landlord prior to surrender of the Leased Premises by the Tenant to the Landlord, it is understood and agreed that the Tenant shall be liable to pay to the Landlord an amount equal to one and one-half times the Base Rent then in effect, together with all applicable Additional Rent from the date of such surrender until such time as evidence of compliance with ISRA has been delivered to the Landlord, and together with any costs and expenses incurred by Landlord in enforcing Tenant's obligations under this paragraph. Evidence of compliance, as used herein, shall mean a "letter of non-applicability" issued by the New Jersey Department of Environmental Protection ("NJDEP"), an approved "negative declaration" or a "remediation action plan" which has been fully implemented and approved by NJDEP, or other document evidencing compliance as may then be prescribed by applicable regulations. Evidence of compliance shall be delivered to the Landlord, together with copies of all submissions made to the NJDEP, including all environmental reports, test results and other supporting documentation. In addition to the above, Tenant agrees that it shall cooperate with Landlord in the event ISRA is applicable to any portion of the property of which the Initial: Landlord Tenant (SNS) Lease Version Date: July 31, 2006 Leased Premises are a part. In such case, Tenant agrees that it shall fully cooperate with Landlord in connection with any information or documentation which may be requested by the NJDEP. In the event that any remediation of the Property is located (all of required in connection with the foregoing, the “Legal Requirements”). conduct by Tenant shall procure at its own expense all permits and licenses required for the transaction of its business at the Leased Premises, Tenant expressly covenants and agrees that it shall be responsible for that portion of the remediation which is directly attributable to the Tenant's operation. Tenant hereby represents and warrants that its North American Industrial Classification System Code is 325412, and that Tenant shall not generate, manufacture, refine, transport, treat, store, handle or dispose of "hazardous substances" as the same are defined under ISRA and the regulations promulgated pursuant thereto, except in strict compliance with all governmental rules, regulations and procedures. Tenant hereby agrees that it shall promptly inform Landlord of any change in its NAICS number and obtain Landlord's consent for any change in the nature of the business to be conducted in the Leased Premises. Tenant will comply with The within covenants shall survive the Rules and Regulations expiration or earlier termination of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by TenantLease term.
Appears in 1 contract
Compliance with Laws, Rules and Regulations. Tenant(a) Landlord represents that to the best of Landlord’s actual acknowledge, as of the date hereof the Land is, and covenants that on the Commencement Date the Leased Premises without qualification as to Landlord’s actual knowledge will be, in compliance with all laws, rules and requirements of all county, municipal, state, federal and other applicable governmental authorities in force as of the Commencement Date. Tenant shall, at Tenant’s sole cost and expense, shall without notice or demand from Landlord, faithfully observe and comply with all laws, ordinances, orders, rules and regulations requirements of any and all county, municipal, state, federalfederal and other applicable governmental authorities, municipal and/or other agencies and/or bodies having jurisdiction over the usenow in force, condition or which may hereafter be in force, pertaining to Tenant’s occupancy and use of the Leased Premises. Notwithstanding the foregoing, or which Tenant acknowledges that Landlord has disclosed that the soils of the Land are applicable contaminated by virtue of historic agricultural use and Landlord covenants and agrees that, as further addressed in Xxxxxxxxx 00, Xxxxxxxx will remediate such contamination, including obtaining a Response Action Outcome from a Licensed Site Remediation Professional and obtaining a Remedial Action Permit, all at Landlord’s sole cost and expense.
(b) Tenant’s industry code as set forth in the jurisdiction(sNorth America Industrial Classification System (NAICS) manual is as set forth in which the Property is located Lease Agreement Summary of this Lease. Tenant will immediately notify Landlord of any changes in this number during the term of this Lease. As further set forth in Paragraph 24, Tenant agrees to comply with all the requirements of the Industrial Site Recovery Act (“ISRA”) N.J.S.A. 13:1K-6 et seq. in connection with any event or transaction by Tenant that requires ISRA compliance and Landlord agrees to comply with all of the foregoingrequirements of ISRA in connection with any event or transaction by Landlord that requires ISRA compliance. In the event that Landlord’s compliance with ISRA discloses contamination caused by or resulting from Tenant’s use and occupancy, the “Legal Requirements”). Tenant shall procure at its own expense all permits remediate such contamination and licenses required for the transaction of its business in the Leased Premises. Tenant will otherwise shall comply with the Rules Spill Compensation and Regulations of Control Act (“Spill Act”) N.J.S.A. 58:10-23 et seq., and all regulations promulgated in connection therewith regarding any substances or materials placed or used upon the Property adopted Leased Premises by Landlord which are Tenant, its agents, employees or contractors, as further set forth in Exhibit “D” attached Paragraph 24. All references to ISRA and/or the Spill Act in this Lease. If Lease shall be deemed to include any predecessor or successor statute(s) to same.
(c) That in case Tenant is not complying shall fail or neglect to comply with the Rules aforesaid statutes, ordinances, rules, orders, regulations and Regulationsrequirements or any of them, or if in case Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything shall neglect to the contrary contained herein, Landlord may, at its election, enter maintain the Leased Premises without liability therefor or fail to make any necessary repairs called for in the Lease in any material respect, then Landlord or Landlord’s agents may after ten (10) days’ written notice, (except, in the case of an emergency, action may be taken immediately) enter Leased Premises and fulfill make such repairs, effect such maintenance and comply with any and all of the said statutes, ordinances, rules, orders, regulations or requirements, at the cost and expense (including experts and reasonable attorney’s fees) of Tenant and in case of Tenant’s obligationsfailure to pay therefore, providedthe said cost and expense shall be added to the next month’s rent and be due and payable as such, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which or Landlord may incur in effecting compliance deduct the same from the balance of any monies remaining with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such actionLandlord. Landlord shall have the right at all times to change and amend the Rules and Regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules and Regulations of the Property will be forwarded The failure by Landlord to Tenant take any action hereunder, or the delay by Landlord in writing and taking any action, shall thereafter be carried out and observed not place any liability or obligation on Landlord. This provision is in addition to the right of Landlord to terminate this Lease by reason of any default on the part of Tenant.
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Compliance with Laws, Rules and Regulations. 24.1. Tenant, at Tenant’s sole cost and own expense, shall comply with all lawsfederal, ordinances, orders, rules and regulations of any and all state, federalmunicipal, municipal and/or fire underwriting and other agencies and/or bodies having jurisdiction over Laws applicable to the usePremises and the business conducted therein by Tenant. If a controversy arises concerning Tenant’s compliance with any Laws applicable to the Premises and the business conducted therein by Tenant, condition or occupancy Landlord may retain third-party consultants of the Leased Premises, or which are applicable in the jurisdiction(s) in which the Property recognized standing to investigate Tenant’s compliance. If it is located (all of the foregoing, the “Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules and Regulations of the Property adopted reasonably determined by Landlord which are set forth in Exhibit “D” attached to this Lease. If that Tenant is has not complying with the Rules and Regulationscomplied as required, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which all consulting and other actual out-of-pocket costs reasonably incurred by Landlord may incur in effecting compliance with such investigation, but in no event exceeding $25,000.
24.2. Tenant and Tenant’s obligations agents, employees and agrees that Landlord invitees shall not be liable for any damages resulting to Tenant from such actioncomply fully with all requirements of the rules and regulations of the Building which are attached hereto as Exhibit “C” and made a part hereof. Landlord shall at all times have the right at all times to change such rules and regulations or to amend the Rules and Regulations or supplement them in any reasonable such manner as it may deem be deemed advisable for the safety, care, cleanliness, care and cleanliness of the Premises and the Building and for preservation of good order therein, all of which rules and operation or use of the Property or the Leased Premises. All regulations, changes and amendments to the Rules and Regulations of the Property will shall be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such rules and regulations by the employees, agents and invitees of Tenant. Subject to Landlord’s obligations under Exhibit “H”, Landlord hereby reserves the right to designate, or otherwise control the allocation of, parking spaces for the Premises. No outside storage or accumulation of supplies, inventory, building materials or debris shall be permitted without prior written consent from the Landlord. Tenant expressly agrees to comply with and conform to all restrictive covenants of record filed or subsequently filed of record affecting the Premises.
24.3. Landlord will be responsible for compliance with all Laws (including the ADA or other applicable Laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder) for all items it is required to maintain pursuant to Section 9, including without limitation, all core areas and within the Common Areas of the Building, except for any of Tenant’s installations within such core areas. The cost of work performed by Landlord to bring areas of the Building and the Project into compliance with future Laws due to changes in legal requirements will be considered an Operating Expense. Tenant will be responsible for all work necessary in order to bring the Premises and core areas into compliance with Laws (including the ADA or other applicable Laws pertaining to accessibility of the Premises by disabled or handicapped persons, and all rules, regulations and guidelines promulgated thereunder) to the extent such work is necessitated by any installations, additions, or alterations made in or to the Premises at the request of or by Tenant or by the nature of Tenant’s use of the Premises, regardless of whether such cost is incurred in connection with retrofit work required in the Premises (including work described in Exhibit “D”) or in other areas of the Building (e.g., ADA related improvements required in the Common Areas of the Building resulting from such installations, additions or alterations).
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
Compliance with Laws, Rules and Regulations. Tenant, at Tenant’s sole cost and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or or other agencies and/or or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, or which are applicable in the jurisdiction(s) in which the Property is located (all of the foregoing, the “Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules rules and Regulations regulations of the Property adopted by Landlord Landlord, which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules such rules and Regulationsregulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, Landlord may, at its election, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules rules and Regulations regulations in any reasonable manner as it may deem advisable for the safety, care, cleanliness, preservation of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules rules and Regulations regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant. With respect to any alteration or installation of improvements, fixtures or facilities required by any legal requirement (including the Americans With Disabilities Act of 1990), Tenant shall be responsible for compliance at its expense to the extent such requirement is applicable to the Premises. Landlord will, at its expense comply with any such requirement to the extent applicable to the Common Areas; provided, however, that to the extent that the requirement would not have applied but for this Lease or Tenant’s specific use of the Premises or an act or mission of Tenant, its employees, agents or invitees; or in the event Tenant occupies a full floor in the Building, then Tenant shall pay the cost of such compliance to Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Circle Bancorp)
Compliance with Laws, Rules and Regulations. 12.1. Compliance with Legal Requirements
(a) Tenant covenants and agrees that it will, at its own cost, promptly comply with and carry out all Legal Requirements, including, but not limited to Environmental Laws, as defined below, to the extent that same apply to the manner of Tenant’s occupation or use of the Leased Premises, the conduct of Tenant’s business therein, the construction of any Alterations to the Leased Premises by or on behalf of Tenant, at any termination of this Lease and surrender of possession by Tenant, or any acts, omissions or other activities of Tenant in or on the Office Park. Subject to the foregoing, to the extent that any Legal Requirements require modifications to the Leased Premises or the Building, in order to bring same into compliance with Legal Requirements and such Legal Requirements were in effect prior to the Commencement Date and are not Tenant’s sole responsibility under this Section, Landlord shall be responsible for the compliance of such items with such Legal Requirements at Landlord’s cost.
(b) The Tenant agrees, at its own cost and expense, shall to comply with all lawssuch regulations or requests as may be required by the fire or liability insurance carriers providing insurance for the Leased Premises, ordinancesand the Board of Fire Underwriters, orders, rules in connection with Tenant's use and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, or which are applicable in .
(c) In case the jurisdiction(s) in which the Property is located (all of the foregoing, the “Tenant shall fail to comply with Legal Requirements”). Tenant shall procure at its own expense all permits and licenses required for the transaction of its business in the Leased Premises. Tenant will comply with the Rules and Regulations of the Property adopted by Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules and Regulations, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained herein, then Landlord may, at its electionafter 10 days' written notice (except for emergency repairs, which may be made immediately), enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in take any reasonable manner as it may deem advisable for actions to comply with them, at the safety, care, cleanliness, preservation of good order cost and operation or use expense of the Property or Tenant if Tenant has not otherwise commenced and then diligently pursued such actions as are necessary to comply with Legal Requirements. In addition to Landlord’s rights and remedies by reason of default by Tenant, the Leased Premises. All changes and amendments cost thereof shall be added to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing next month's Rent and shall thereafter be carried out due and observed by Tenantpayable as such.
Appears in 1 contract
Compliance with Laws, Rules and Regulations. Tenant, at Tenant’s sole cost (a) The Tenant agrees that upon acceptance and expense, shall comply with all laws, ordinances, orders, rules and regulations of any and all state, federal, municipal and/or other agencies and/or bodies having jurisdiction over the use, condition or occupancy of the Leased Premises, it will, at its own cost and expense, comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Municipal governments arising from the operations of Tenant at the Leased Premises. The Tenant also agrees that it will not commit any nuisance or excessive noise, and will dispose of all garbage and waste in connection with its operations so as to avoid unreasonable emissions of dirt, fumes, odors or debris.
(b) The Tenant agrees, at its own cost and expense, to comply with such regulations or requests as may be required by the fire or liability insurance carriers providing insurance for the Leased Premises, and the Board of Fire Underwriters, in connection with Tenant’s use and occupancy of the Leased Premises.
12.2 In case the Tenant shall fail to comply with all material provisions of the aforesaid statutes, ordinances, rules orders, regulations and requirements then the Landlord may, after ten (10) days notice (except for emergency repairs, which are applicable may be made immediately), enter the Leased Premises and take any reasonable actions to comply with them, at the cost and expense of the Tenant. The cost thereof shall be added to the next month’s rent and shall be due and payable as such, or the Landlord may deduct the same from the balance of any sum remaining in the jurisdiction(sLandlord’s hands. This provision is in addition to the right of the Landlord to terminate this Lease by reason of any default on the part of the Tenant. However, in the event that all necessary repairs are made by Tenant, the initial failure to comply with the aforesaid laws and regulations shall not constitute an event of default.
12.3 Tenant expressly covenants and agrees to indemnify, defend and save the Landlord harmless against any claim, damage, liability, cost, penalties, or fines which the Landlord may suffer as a result of air, ground or water pollution caused by the Tenant in its use of the Leased Premises. The Tenant covenants and agrees to notify the Landlord immediately of any claim or notice served upon it with respect to any claim that the Tenant is causing air, ground or water pollution; and the Tenant shall take immediate steps to halt, remedy or cure any pollution of air, ground or water caused by the Tenant by its use of the Leased Premises.
12.4 Tenant expressly covenants and agrees to fully comply with the provisions of the New Jersey Industrial Site Recovery Act (N.J.S.A. 13:1K-6, et seq.) “ISRA”, and its regulations, prior to the termination of the Lease or at any time that any action of the Tenant triggers the applicability of ISRA. In particular, the Tenant agrees that it shall comply with the provisions of ISRA in the event of any “closing, terminating or transferring” of Tenant’s operations, as defined by and in accordance with the regulations, In the event evidence of such compliance is not delivered to the Landlord prior to surrender of the Leased Premises by the Tenant to the Landlord, it is understood and agreed that the Tenant shall be liable to pay to the Landlord an amount equal to two times the Base Rent then in effect, together with all applicable Additional Rent from the date of such surrender until such time as evidence of compliance with ISRA has been delivered to the Landlord, and together with any costs and expenses incurred by Landlord in enforcing Tenant’s obligations under this paragraph. Evidence of compliance, as used herein, shall mean a “letter of non- applicability” issued by the New Jersey Department of Environmental Protection (“NJDEP”), an approved “negative declaration” or a “remediation action plan” which has been fully implemented and approved by NJDEP, or other equivalent document as may then be prescribed by applicable regulations. Evidence of compliance shall be delivered to the Landlord, together with copies of all submissions made to the NJDEP, including all environmental reports, test results and other supporting documentation. In addition to the above, Tenant agrees that it shall cooperate with Landlord in the event ISRA is applicable to any portion of the property of which the Leased Premises are a part. In such case, Tenant agrees that it shall fully cooperate with Landlord in connection with any information or documentation which may be requested by the NJDEP. In the event that any remediation of the Property is located (all of required in connection with the foregoing, the “Legal Requirements”). conduct by Tenant shall procure at its own expense all permits and licenses required for the transaction of its business at the Leased Premises, Tenant expressly covenants and agrees that it shall be responsible for that portion of the remediation which is attributable to the Tenant’s operation. Tenant hereby represents and warrants that its Standard Industrial Classification No. is 8731, and that Tenant shall not generate, manufacture, refine, transport, treat, store, handle or dispose of “hazardous substances” as the same are defined under ISRA and the regulations promulgated pursuant thereto, except in strict compliance with all governmental rules, regulations and procedures. Tenant hereby agrees that it shall promptly inform Landlord of any change in its SIC number and obtain Landlord’s consent for any change in the nature of the business to be conducted in the Leased Premises. The within covenants shall survive the expiration or earlier termination of the lease term.
12.5 Landlord represents and warrants to Tenant that it has no knowledge of any substance, chemical, or waste on the Property that is identified as hazardous, toxic, or dangerous (collectively, “Substance”) in any applicable federal, state, or local law or regulation. Tenant will comply with not introduce or use any Substance within the Rules Building or Office Park in violation of any applicable law. Landlord will have sole responsibility for the identification, investigation, monitoring, and Regulations remediation and/or cleanup of any Substance discovered at the Building or Office Park unless the presence or release of the Property adopted Substance is caused by the activities of Tenant.
12.6 Landlord which are set forth in Exhibit “D” attached to this Lease. If Tenant is not complying with the Rules represents and Regulationswarrants, or if Tenant is in any way not complying with any term or provision of this Article 3, then, notwithstanding anything to the contrary contained hereinbest of its knowledge, Landlord mayto Tenant that the Office Park, at its electionand all improvements located thereon, enter the Leased Premises without liability therefor and fulfill Tenant’s obligations, provided, however, Tenant may contest same are in good faith, provided that such contest is made in a lawful manner. Tenant shall reimburse Landlord on demand for any expenses which Landlord may incur in effecting substantial compliance with Tenant’s obligations and agrees that Landlord shall not be liable for any damages resulting to Tenant from such action. Landlord shall have the right at all times to change and amend the Rules and Regulations in any reasonable manner as it may deem advisable for the building, life/safety, caredisability and other laws, cleanliness, preservation codes and regulations of good order and operation or use of the Property or the Leased Premises. All changes and amendments to the Rules and Regulations of the Property will be forwarded by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenantapplicable governmental authorities.
Appears in 1 contract