Common use of Compliance with Laws; Use Clause in Contracts

Compliance with Laws; Use. Tenant shall use the Premises only for the Permitted Use and shall not use or permit the use of the Premises for any other purpose. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with

Appears in 2 contracts

Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)

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Compliance with Laws; Use. Tenant The Subleased Premises shall use be used for research and development, laboratory, administrative uses and all related legal uses, as permitted under the Premises only for Master Lease and approved by the Permitted Use City of South San Francisco and shall not use or permit the use of the Premises for any other purposegovernmental entity having jurisdiction over the Subleased Premises. Tenant Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterentity, including including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the Environmentalenvironment, Health and Safety Laws or the treatment, storage or disposal of hazardous materials (collectively referred to as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (Law(s)Laws”), regarding the operation of TenantSubtenant’s business and the use and occupancy of the Subleased Premises, subject . In addition to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant Subtenant shall comply with applicable laboratory practicesthe terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (including provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the use benefit of safety equipment) both Sublandlord and policies established by the Center for Disease Control Master Landlord, and Prevention (references to “Tenant” and “Premises” shall mean “Subtenant” and the “CDCSubleased Premises, respectively), and Tenant’s use any other rules and regulations of the Master Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use adopted by Master Landlord from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws provided that relate a copy thereof is made available to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant WorkSubtenant; provided, however, that Tenant Subtenant shall not be responsible for required to perform any alteration, addition or change of the cost Subleased Premises required by law, regulation, ordinance or order of any public authority unless such compliance work with respect to items for which Tenant alteration, addition or change is responsible for required as a result of (i) Subtenant’s particular use of the maintenance and repair under this LeaseSubleased Premises, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except alteration to the extent the same are expressly set forth herein as obligations Subleased Premises made by or on behalf of TenantSubtenant, Landlord shall be responsible and/or (iii) any applications made by or on behalf of Subtenant for the compliance of the Base Building withgovernmental permits, licenses or approvals.

Appears in 2 contracts

Samples: Sublease (Threshold Pharmaceuticals Inc), Sublease (Exelixis Inc)

Compliance with Laws; Use. Tenant 5.01 The Premises shall use the Premises only be used for the Permitted Use and for no other use whatsoever. Tenant shall not use or keep in the Premises any substance defined as a “hazardous material” (collectively, “Hazardous Materials”) by the United States of America, the State of California, the City or County of San Francisco, or any other political subdivision, agency or department having jurisdiction over the Building or the Property (each, a “Governmental Authority”); provided however, Tenant may use and keep in the Premises reasonable quantities of customary general office materials which may otherwise constitute Hazardous Materials (i.e. toner and household cleaning supplies) that do not require a permit to use and/or store, provided that such Hazardous Materials are maintained in compliance with all applicable Laws (as defined below). To the use best of Landlord’s knowledge, the Building is compliant with all Laws regarding Hazardous Materials and there are no existing Hazardous Materials at the Property as of the Premises for any other purposeCommencement Date. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act and any environmental laws or ordinances promulgated by any Governmental Authority (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered pursuant to Laws first enacted after the Commencement Date and by (i) any Tenant’s particular use of the Premises by Tenant (Premises, other than for general office use) , or Alterations or improvements in the Premises performed or requested by Tenant. Tenant shall comply with the rules and regulations of the Building attached as Exhibit D and such other reasonable rules and regulations adopted by Landlord from time to time, including rules and regulations for the performance of Alterations (defined in Section 9.03), provided that Landlord shall provide reasonable prior written notice of any such additional rules and regulations adopted by Landlord after the Commencement Date. In the event of a conflict between the express terms of this Lease and any rules and regulations adopted by Landlord after the date of this Lease, the terms of this Lease shall control. 5.02 Tenant will not place or permit to be placed, in, upon or about the Premises or the Property any signs not approved by the city and other governing authority having jurisdiction, pursuant to a permit issued by the San Francisco Department of Building Inspection. Tenant will not place or permit to be placed upon the Xxxxxxxx Street exterior of the Property any signs, advertisements or notices without the written consent of Landlord as to the extent type, size, design, lettering, coloring, location, height, area, and method of attachment, which consent shall not be unreasonably withheld, conditioned, or delayed. Tenant shall not place or permit to be placed any signage on the rear exterior of the Property. During construction, installation, maintenance, repair and/or removal of any signs, advertisements or notices (including, without limitation, any Tenant Signage (as defined below), Tenant shall comply with all applicable Laws and Tenant shall be responsible for any damage or injury to the Premises and/or the Property caused thereby. Without limiting the foregoing, Landlord acknowledges that Tenant may wish to seek approval for placement of new Xxxxxxxx Street exterior building signage at the Property which is exclusive to Tenant (the “Tenant Signage”) in accordance with applicable governmental approvals. The right to install such use requires compliance work beyond Tenant’s Signage is personal and granted to the baseline condition described original Tenant named in Exhibit J attached heretothis Lease and any Permitted Transferee, as improved but is not extended to nor exercisable by the Base Building Work any third party should Tenant assign or sublet all or a portion of its rights under this Lease, unless Landlord consents to permit exercise of any Tenant’s Signage by any assignee or subtenant, in Landlord’s sole and the Initial absolute discretion. Landlord will reasonably cooperate, at Tenant’s sole cost and expense, with Tenant’s request for placement of Tenant WorkSignage; provided, however, that (a) prior to erecting any such Tenant Signage, (i) Tenant shall be responsible notify Landlord in writing and provide Landlord with architectural plans and specifications showing the sign height, area and location on the Property, the sign materials, and the sign attachment hardware and adhesive if any, and Landlord shall submit requests for the cost of and reasonably cooperate with Tenant in obtaining any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or required approval(s); (ii) Tenant shall obtain all permits, approvals and consents of the City of San Francisco and other applicable governing authorities; and (iii) the size, area, location, and method of attachment of such Tenant Signage shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld. Approval of the location of any Alterations (as defined penetrations of the façade or roof of the Building and the methods for sealing such penetrations may be granted or withheld in Section 8.01) in Landlord’s sole and absolute discretion. Any sign, advertisement or about notice placed on the Premises performed or requested the Property (including any Tenant Signage) shall, at Landlord’s option and upon reasonable prior notice from Landlord, be removed by Tenant after Tenant, at its sole cost, prior to the last day of the Term Commencement Dateor promptly following the earlier termination of the Lease, provided that Landlord and Tenant shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Lawsrepair, including without limitationat its sole cost, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except any damage or injury to the extent Premises and/or the Property caused thereby, and if not so removed, then Landlord may have same are expressly set forth herein as obligations of so removed at Tenant, Landlord shall be responsible for the compliance of the Base Building with’s expense.

Appears in 2 contracts

Samples: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord's reasonable opinion, unreasonably disturbs any other purposetenants of the Building or the Project or interferes with the operation of the Building or the Project. Subject to the express terms and conditions of this Lease, Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”)Act, regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises. Tenant, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality within 10 days after receipt, shall provide Landlord with copies of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations any notices it receives regarding a violation or alleged violation of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory usesany Laws. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use regulations of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements Building attached as Exhibit B and protocols in effect with respect to Tenant’s use such other reasonable rules and regulations adopted by Landlord from time to time; provided, however that such other reasonable rules and regulations shall not unreasonably and adversely (i) interfere with Tenant's use of the Premises, or (ii) diminish Tenant's parking rights as provided in the Parking Agreement attached hereto as Exhibit F. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall not knowingly discriminate against Tenant in Landlord's enforcement of the rules and regulations. Except to the extent caused by Tenant's or any of its employees', invitees', contractors' and/or agents' negligence or willful misconduct, Tenant shall storenot be liable for any of the costs and expenses, use and dispose of Hazardous Materials in if any, associated with Landlord's or any other party's compliance with all the City Parking Agreement. To the extent the railing located on the balcony of the second floor of the 2061 Building violates applicable EnvironmentalLaws and the City of Mountain View has affirmatively and specifically required compliance therewith (collectively, Health and Safety Laws. In additionthe "Compliance Requirement"), Tenant Landlord shall, at its sole cost and expense, promptly perform the work necessary to make the railing comply with any Laws that relate to within 60 days following the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use date Landlord receives actual knowledge of the Premises by Tenant (other than for general office use) Compliance Requirement. The cost and expense to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of perform any such compliance work with respect to items for which Tenant is responsible for shall not be allocated toward the maintenance and repair under this LeaseADA Costs Cap. Notwithstanding the foregoing, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of does not delay Tenant's construction schedule with respect to the Initial Alterations, Landlord shall be responsible have the right to contest the Compliance Requirement in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the compliance of right to assert any and all defenses allowed by Laws and the Base Building withright to appeal any decisions, judgments or rulings to the fullest extent permitted by Laws.

Appears in 1 contract

Samples: Office Lease Agreement (Actel Corp)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply comply, and shall cause all of the Tenant Related Parties to comply, with all laws, statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including including, without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expensecost, promptly comply with any Laws that relate to the Base Building (defined below)Common Areas and other portions of the Property, other than the Premises, but only to the extent such obligations are triggered by (i) any Tenant’s specific use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described Premises, or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant, or Tenant’s obligations as an employer, or the breach of any of Tenant’s obligations under this Lease, or the negligence or willful misconduct of Tenant or any of the Tenant Related Parties (“Tenant Triggered Compliance”). Notwithstanding the foregoing, Tenant shall notify Landlord prior to commencing any Tenant Triggered Compliance and Landlord may elect, by written notice to Tenant within 10 days after receipt of Tenant’s notice, to perform any such Tenant Triggered Compliance, at Tenant’s sole cost. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Notwithstanding anything to the Term Commencement Datecontrary contained in this Lease, provided Tenant shall limit the number of work seats in the Premises at any time in such a manner as to not exceed a ratio of one work seat for each 167 rentable square feet of the Premises, Tenant acknowledging that Landlord shall perform the Base number of work seats per rentable square foot of the Premises has a material effect on Landlord’s ability to provide the HVAC, electrical, elevator and other services set forth in this Lease. If any upgrade to the Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Lawsstandard systems, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except but not limited to the extent the same are expressly set forth herein as obligations Building's mechanical and electrical systems and restroom fixtures, is necessary by reason of Tenant's failure to comply with such occupancy density requirements, as reasonably determined by Landlord, to accommodate Tenant's needs, and Tenant fails to cure such failure within ten (10) days after notice from Landlord, Tenant will reimburse Landlord promptly upon Landlord's demand for all costs incurred by Landlord in connection with such upgrade. Tenant shall be responsible comply (and cause the Tenant Related Parties and their respective contractors and vendors to comply) with the rules and regulations of the Building attached as Exhibit E and such other reasonable rules and regulations adopted by Landlord from time to time, including rules and regulations for the compliance performance of the Base Building withAlterations (defined in Section 9.03).

Appears in 1 contract

Samples: Office Lease Agreement (CrowdStrike Holdings, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and business, the use use, condition, configuration and occupancy of the Premises and the Building systems located in or exclusively serving the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant. However, nothing herein shall require Tenant after to comply with Laws or requirements of public authorities which require the Term Commencement Dateinstallation of new or additional mechanical, provided that electrical, plumbing or fire/life safety systems on a Building-wide basis without reference to the particular use of Tenant or any Alterations performed by or for Tenant (“Building-Wide Laws”). Landlord will, at Landlord’s expense (except to the extent properly included in Expenses), perform all acts required to comply with such Building-Wide Laws as the same affect the Premises and the Building. In addition, Landlord shall perform be responsible, at its cost (except to the Base extent properly included in Expenses), for correcting any violations of Title III of the Americans with Disabilities Act (ADA) with respect to the Common Areas of the Building Work and except for any obligations specifically imposed upon Tenant pursuant to this Lease. Notwithstanding the Initial Tenant Work foregoing, Landlord shall have the right to contest any alleged violation in a good and workmanlike manner and in compliance with all applicable Lawsfaith, including including, without limitation, the Environmentalright to apply for and obtain a waiver or deferment of compliance, Health the right to assert any and Safety Laws all defenses allowed by Law and the Americans with Disabilities Act. Except right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the same are expressly set forth herein as obligations exhaustion of Tenantany and all rights to appeal or contest, Landlord shall be responsible for will make all repairs, additions, alterations or improvements necessary to comply with the compliance terms of the Base Building withany final order or judgment. “

Appears in 1 contract

Samples: Office Lease Agreement (Microfinancial Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later(collectively, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (Law(s)Laws”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) Rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use Regulations of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements Development attached hereto as Exhibit D and protocols in effect with respect to Tenant’s use such other reasonable rules and regulations adopted by Landlord from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall comply with all covenants, conditions and restrictions in effect from time to time with respect to the Development, including, as listed in Exhibit F attached hereto. Furthermore, as part of its obligations hereunder, from and after the Commencement Date, Tenant shall, at its sole cost and expense, promptly observe and comply with the provisions of Title III of the Americans with Disabilities Act of 1990, as amended and any Laws that relate to regulations promulgated pursuant thereto (collectively, the Base Building (defined below“ADA”), but only as it pertains to the extent such obligations are triggered by (i) any use Tenant’s use, occupancy, improvement and alteration of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Premises. Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in not use or about allow the Premises performed to be used for any improper, immoral, unlawful or requested by Tenant after the Term Commencement Datereasonably objectionable purpose, provided that Landlord shall perform the Base Building Work understands and the Initial acknowledges that Tenant’s activities sometimes include simulated surgical procedures using human tissue and/or portions of human cadavers. Provided Tenant Work conducts such activities in a good discreet and workmanlike respectful manner that does not disturb other Building tenants, and in compliance with all applicable Lawslaws, including without limitationrules, the Environmentalregulations, Health and Safety Laws codes and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenantlike, Landlord acknowledges that such activities are not reasonably objectionable. Tenant shall not do or permit to be responsible for done anything which will obstruct or interfere with the compliance rights of other tenants or occupants of the Base Building withDevelopment, or injure or annoy them. Tenant shall not cause, maintain or permit any nuisance in, on or about the Premises or the Development, nor commit or suffer to be committed any waste in, on or about the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (SI-BONE, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord's reasonable opinion, unreasonably disturbs any other purposetenants of the Building or interferes with the operation of the Building. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”)Act, regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises, subject to . Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building expense (defined below), but only except to the extent such obligations are triggered by (i) properly included in Expenses), shall be responsible for correcting any use violations of Title III of the Americans with Disabilities Act with respect to the Premises and the Common Areas of the Building, provided that Landlord's obligation with respect to the Premises shall be limited to violations that arise out of the Landlord Work and/or the condition of the Premises by Tenant (other than for general office use) prior to the extent that such use requires compliance work beyond installation of any furniture, equipment and other personal property of Tenant subsequent to the baseline condition described date of this Lease. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in Exhibit J attached heretogood faith, as improved including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by the Base Building Work Law and the Initial Tenant Work; providedright to appeal any decisions, howeverjudgments or rulings to the fullest extent permitted by Law. Landlord, that Tenant after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, not Landlord, shall be responsible for the cost correction of any such compliance work violations that arise out of or in connection with respect to items for which Tenant is responsible for any claims brought under any provision of the maintenance and repair under this LeaseAmericans with Disabilities Act other than Title III, and/or (ii) any Alterations (as defined the specific nature of Tenant's business in Section 8.01) in or about the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant's arrangement of any furniture, equipment or other property in the Premises, any repairs, alterations, additions or improvements performed by or on behalf of Tenant (other than the Landlord Work) and any design or configuration of the Premises specifically requested by Tenant after being informed that such design or configuration may not be in strict compliance with the Term Commencement DateADA. Tenant, provided that within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Building attached as Exhibit B and such other reasonable rules and regulations adopted by Landlord from time to time. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall perform not knowingly discriminate against Tenant in Landlord's enforcement of the Base Building Work rules and regulations. The rules and regulations shall be generally applicable, and generally applied in the Initial Tenant Work in same manner, to all tenants of the Building. If there is a good conflict between.this Lease and workmanlike manner any rules and in compliance with all applicable Laws, including without limitationregulations enacted after the date of this Lease, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations terms of Tenant, Landlord this Lease shall be responsible for the compliance of the Base Building withcontrol.

Appears in 1 contract

Samples: Office Lease Agreement (Ziprealty Inc)

Compliance with Laws; Use. Tenant shall use the Premises only for the Permitted Use and shall not use or permit the use of the Premises for any other purpose. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Environmental Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory and vivarium uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory and vivarium uses. Tenant acknowledges and agrees that the vivarium constitutes an “Add Alternate Item” above and beyond the “Xxxxxx Spec Plan” (as such terms are defined in Exhibit C) and shall be installed at Tenant’s sole cost and expense as further discussed in Exhibit C. The vivarium will be permitted to be operated in the portion of the Premises shown on plans submitted by Tenant and approved by Landlord in accordance with Exhibit C attached hereto (the “Permitted Vivarium Area”), and shall be used for biomedical research, development, handling and testing of the Permitted Animals (as hereinafter defined) (the “Animal Use”). Tenant shall not use any animals other than mice and rats (the “Permitted Animals”) in its operations. The movement of any Permitted Animals into or out of the Premises shall occur only outside of Building Service Hours. In addition, Tenant shall take any reasonable actions necessary to resolve any picketing or public relations issues arising from the Animal Use, and shall have pickets removed. The Animal Use shall be permitted subject to the following: (i) all research, development, handling and testing of the Permitted Animals shall be conducted in strict compliance with all applicable Laws and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant’s sole cost and expense, in strict compliance with all applicable Laws and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the Premises; and (iv) Tenant’s use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Industrial Park. Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals onto the Premises and shall maintain such permits and approvals during the Term. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with.

Appears in 1 contract

Samples: Lease Agreement (Ikena Oncology, Inc.)

Compliance with Laws; Use. Tenant shall use the Premises only for the Permitted Use and shall not use or permit the use of the Premises for any other purpose. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Environmental Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises and the Building systems located in or exclusively serving the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory and vivarium uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory and vivarium uses. Tenant acknowledges and agrees that the vivarium shall be installed at Tenant’s sole cost and expense as further discussed in Exhibit F. The vivarium will be permitted to be operated only in the portion of the Premises shown on plans approved by Landlord in accordance with Exhibit F attached hereto, and shall be used for biomedical research, development, handling and testing of the Permitted Animals (as hereinafter defined) (“Animal Use”). Tenant shall not use any animals other than mice, rats, zebra fish and such other animals as are lawfully reasonably and customarily used in laboratories in Cambridge Massachusetts (the “Permitted Animals”) in its operations. In addition, Tenant shall promptly take any reasonable actions necessary to resolve any picketing or public relations issues arising from Tenant’s Animal Use. Animal Use, solely of the Permitted Animals, shall be permitted subject to the following: (i) all research, development, handling and testing shall be conducted in strict compliance with all applicable Laws and with good scientific and medical practice; (ii) all dead animals, any part thereof or any waste products related thereto, shall be disposed of, at Tenant's sole cost and expense, in strict compliance with all applicable Laws and with good scientific and medical practice; (iii) no odors, noises or any similar nuisance shall be permitted to emanate from or permeate outside the vivarium; and (iv) Tenant's use of the vivarium shall not interfere with the peaceable and quiet use and enjoyment by other tenants or occupants of the Property. Xxxxxxxx’s permission in connection with any of the above shall not be unreasonably withheld, conditioned or delayed. Upon written request, Tenant shall procure and deliver to Landlord copies of all necessary permits and approvals necessary for the use and operation of the vivarium before allowing any actual Permitted Animals onto the Premises and shall maintain such permits and approvals during the Term. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and in no event shall Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) BSL-2 requirements and protocols in effect with respect to Tenant’s use from time to time. In addition, Tenant shall comply with all Good Manufacturing Practices (GMP) in order to conform to the guidelines recommended by agencies that control the authorization and licensing of the manufacture and sale of biologic, pharmaceutical, medical and other similar products. Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost Laws and expense, promptly shall comply with any all Laws that relate applicable to the Base Building (defined below)handling, but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withor

Appears in 1 contract

Samples: Lease Agreement (Prime Medicine, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and business, the use use, condition, configuration and occupancy of the Premises and the Building systems located in or exclusively serving the Premises. During the Term, subject Landlord shall be responsible, at its cost (except to Landlord’s delivery the extent properly included in Expenses), for correcting any violations of Laws relating to or affecting the condition, use or occupancy of the Common Areas except for any obligations as expressly set forth in specifically imposed upon Tenant pursuant to this Lease. Without limiting the generality of Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation of any of the foregoing in good faith, or bring suit against any third party causing such violation of Laws, including, without limitation, the right to apply for and except as provided in Exhibit C attached heretoobtain a waiver or deferment of compliance, Tenant shall be solely responsible for complying with all Laws that relate the right to operations of Tenant’s laboratory uses, assert any and all Laws pertaining defenses allowed by law and the right to equipmentappeal any decisions, installations judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal, contest or litigate, will make all repairs, additions, alterations, improvements used or required in connection adjustments necessary to comply with the operations terms of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Lawsany final order or judgment. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with

Appears in 1 contract

Samples: Office Lease Agreement (Clearside Biomedical, Inc.)

Compliance with Laws; Use. Tenant shall use the Premises only for the Permitted Use and shall not use or permit the use of the Premises for any other purpose. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation particular manner of Tenant’s business and the use and occupancy of the Premises (other than general office use in accordance with the terms of this Lease), the Tenant’s Property from to time installed by Tenant in the Premises, subject to Landlord’s delivery obligations and any Alterations (as expressly set forth defined in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”Section 8.01), and Tenant’s use of if any, in or about the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and performed by Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. after the Initial Tenant Work originally performed by Landlord under Exhibit C. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s particular manner of use or occupancy of the Premises by Tenant (other than for general office use) to use in accordance with the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost terms of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease), and/or (ii) the Tenant’s Property from to time installed by Tenant in the Premises, or any Alterations (as defined in Section 8.01) Alterations, if any, in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withby

Appears in 1 contract

Samples: Office Lease Agreement (resTORbio, Inc.)

Compliance with Laws; Use. Tenant The Subleased Premises shall use be used for research and development, laboratory (including diagnostics), administrative uses and all related legal uses, as permitted under the Premises only for Master Lease and approved by the Permitted Use City of South San Francisco and shall not use or permit the use of the Premises for any other purposegovernmental entity having jurisdiction over the Subleased Premises. Tenant Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterentity, including including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the Environmentalenvironment, Health and Safety Laws or the treatment, storage or disposal of hazardous materials (collectively referred to as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (Law(s)Laws”), regarding the operation of TenantSubtenant’s business and the Subtenant’s particular use and occupancy of the Subleased Premises, subject . In addition to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant Subtenant shall comply with applicable laboratory practicesthe terms of Sections 5.3 and 11 of the Master Lease, which are incorporated herein by this reference (including provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the use benefit of safety equipment) both Sublandlord and policies established by the Center for Disease Control Master Landlord, and Prevention (references to “Tenant” and “Buildings” shall mean “Subtenant” and the “CDCSubleased Premises”, respectively, references in Sections 11.4 – 11.6 to the “Property” shall mean the “Subleased Premises”, all references to “Phase 1 Rent Commencement Date” shall be to the “Start Date” and the references in Section 11.6(g) to “Landlord” shall mean “Sublandlord”), and Tenant’s use any other rules and regulations of the Master Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use adopted by Master Landlord from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except copy thereof is made available to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withSubtenant.

Appears in 1 contract

Samples: Sublease (Exelixis Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and for no other use whatsoever. In no event shall not use or permit the use of the Premises for any other purposebe used as a co-working center, executive office suites or a flexible workplace center. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later(collectively, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”"Laws"), regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises. Pursuant to Section 1938 of the California Civil Code, Landlord hereby advises Tenant that the Premises has not undergone an inspection by a certified access specialist (a “CASp”) and no representations are made with respect to compliance with accessibility standards. Further, pursuant to Section 1938 of the California Civil Code, Landlord notifies Tenant of the following: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to Landlord’s delivery obligations as expressly set forth correct violations of construction-related accessibility standards within the premises.” Therefore and notwithstanding anything to the contrary contained in this Lease. Without limiting , Landlord and Tenant agree that (a) Tenant may, at its option and at its sole cost, cause a CASp to inspect the generality Premises and determine whether the Premises complies with all of the foregoingapplicable construction-related accessibility standards under state law, (b) the parties shall mutually coordinate and reasonably approve of the timing of any such CASp inspection so that Landlord may, at its option, have a representative present during such inspection, and except as provided in Exhibit C attached hereto, (c) Tenant shall be solely responsible for complying with all Laws that relate the cost of making any repairs necessary to operations correct violations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with construction-related accessibility standards within the operations of Tenant’s laboratory usesPremises. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) Rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use Regulations of the Premises Building attached as Exhibit D and such other commercially reasonable rules and regulations adopted by Landlord from time to time upon at least thirty (30) calendar days prior written notice to Tenant. Landlord shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements modify and protocols enforce the Rules and Regulations in effect a uniform and non-discriminatory manner with respect to all tenants and occupants of the Project, and further provided any modification of the Rules and Regulations shall not materially increase Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance obligations or be materially inconsistent with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair Tenant’s rights under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with.

Appears in 1 contract

Samples: Office Lease Agreement (ChromaDex Corp.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s"LAW(S)"), regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the "Base Building Building" (defined below), but only to the extent such obligations are triggered by (i) any Tenant's use of the Premises by Tenant (Premises, other than for general office use) use (or, with respect to the Lab Space, any other Permitted Use), or Alterations or improvements in the Premises performed or requested by Tenant. "BASE BUILDING" shall include the structural portions of the Buildings, the public restrooms and the Buildings mechanical, electrical and plumbing systems and equipment located in the internal core of the Buildings on the floor or floors on which the Premises are located. Except to the extent that such use requires compliance work beyond the baseline condition described properly included in Exhibit J attached heretoExpenses, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant Landlord shall be responsible for the cost of correcting any such compliance work violations of Title III of the Americans with Disabilities Act (ADA) with respect to items for which the Common Areas of the Buildings. Landlord shall comply with all other Laws relating to the Common Areas of the Buildings, provided that compliance with such Laws is not the responsibility of Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in and provided further that Landlord's failure to comply therewith would prohibit Tenant from obtaining or about maintaining a certificate of occupancy, or its equivalent, for the Premises performed Premises, or requested by Tenant after would unreasonably and materially affect the Term Commencement Datesafety of Tenant's employees or create a significant health hazard for Tenant's employees. Notwithstanding the foregoing, provided that Landlord shall perform have the Base Building Work and the Initial Tenant Work right to contest any alleged violation in a good and workmanlike manner and in compliance with all applicable Lawsfaith, including including, without limitation, the Environmentalright to apply for and obtain a waiver or deferment of compliance, Health the right to assert any and Safety Laws all defenses allowed by Law and the Americans with Disabilities Act. Except right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the same are expressly set forth herein as obligations exhaustion of Tenantany and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall reimburse and compensate Landlord for all expenditures made by, or damages or fines sustained by, Landlord due to any violations of Laws by Tenant or any Tenant Related Parties with respect to the Premises. Tenant shall comply with the rules and regulations of the Buildings attached as EXHIBIT D and such other reasonable rules and regulations adopted by Landlord from time to time, including rules and regulations for the performance of Alterations (defined in Section 9). Tenant shall obtain and pay for all permits and shall promptly take all actions necessary to comply with all Laws, including, without limitation, the Occupational Safety and Health Act, regulating Tenant's specific use of the Premises or the Property. Tenant shall maintain in full force and effect all certifications or permissions to provide its services required by any authority having jurisdiction to authorize, franchise or regulate such services. Tenant shall be solely responsible for procuring and complying at all times with any and all necessary permits directly relating or incident to: the compliance conduct of its specific activities on the Premises; its scientific experimentation, transportation, storage, handling, use and disposal of any chemical or radioactive or bacteriological substances or organisms or other hazardous wastes or environmentally dangerous substances or materials or medical waste, including without limitation the obtaining of an industrial discharge permit from the Massachusetts Water Resources Authority; its conduct of animal research activities; and its storage of fuel, chemicals, or other regulated materials permitted hereunder. Within 10 Business Days of a request by Landlord, Tenant shall furnish Landlord with copies of all such permits, together with a certificate certifying that such permits are all of the Base Building withpermits which Tenant is required to maintain with respect to the Premises.

Appears in 1 contract

Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever without Landlord’s prior written consent. Except as otherwise provided in this Lease, Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and business, the use use, condition, configuration and occupancy of the Premises and the Building systems located in or exclusively serving the Premises. Landlord shall be responsible, subject at its cost (except to Landlord’s delivery obligations as expressly set forth the extent properly included in this Lease. Without limiting Expenses), for correcting any violations of Laws with respect to the generality Common Areas of the foregoing, Building and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate related to operations of Tenant’s laboratory uses, and all Laws pertaining any Base Building systems (to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established extent such obligations are not triggered by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises, any Alterations made by or for the benefit of Tenant, any “assembly occupancy” of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to by Tenant, any beach of Tenant’s use from time to timeobligations under this Lease, and except for any obligations specifically imposed upon Tenant pursuant to this Lease). Notwithstanding the foregoing, Landlord shall storehave the right to contest any alleged violation in good faith, use including, without limitation, the right to apply for and dispose obtain a waiver or deferment of Hazardous Materials in compliance compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with all applicable Environmental, Health and Safety Lawsthe terms of any final order or judgment. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with

Appears in 1 contract

Samples: Office Lease Agreement (Ironwood Pharmaceuticals Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other tenants of the Building or the Property or interferes with the operation of the Building or the Property. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises or from any portion of the Common Areas as a result of the use by Tenant or any Tenant Related Party thereof. Storage outside the Premises of materials, vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises. Tenant shall not allow any sale by auction upon the Premises, or place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Building or Property. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Premises except in trash containers placed inside exterior enclosures designated for that purpose by Landlord. The Premises shall be used for the Permitted Use and for no other use whatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with

Appears in 1 contract

Samples: Office Lease Agreement (GigOptix, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other purposetenants of the Building or the Project or interferes with the operation of the Building or the Project. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”)Act, regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent that (i) Tenant is responsible for complying with Laws that relate to the same Base Building as provided above, or (ii) changes to the Base Building are expressly set forth herein as obligations required due to the negligent or willful acts or omissions of Tenant, its agents, employees or contractors (other than the mere discovery of the violation), Landlord shall be responsible for correcting violations of any Laws existing as of the compliance date of this Lease and Laws that first come into effect after the date of this Lease with respect to the Base Building withlocated in the Building, provided that the cost of such compliance incurred after the Commencement Date shall be included in Expenses to the extent permitted in Exhibit E attached hereto. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law; provided, however, if Tenant receives any notice of violation of Laws with respect to the Base Building, Tenant shall, within five (5) business days after receipt thereof, provide Landlord with copies of any such notices it receives with respect to such violation. Notwithstanding the foregoing, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. “Base Building” shall include the structural portions of the Building, the public restrooms and the Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant, within ten (10) days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Building attached as Exhibit B and such other reasonable rules and regulations adopted by Landlord from time to time and provided to Tenant in writing. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, invitees and subtenants (each a “Tenant Entity” and collectively, the “Tenant Entities”) to comply with all rules and regulations. Landlord shall not discriminate against Tenant in Landlord’s adoption and enforcement of the rules and regulations.

Appears in 1 contract

Samples: Office Lease Agreement (Akamai Technologies Inc)

Compliance with Laws; Use. Tenant The Subleased Premises shall be used for research and development, administrative uses and all related legal uses, as approved by the City of South San Francisco and any other governmental entity having jurisdiction over the Subleased Premises. In addition, Subtenant may use the Subleased Premises only for as a wet lab, subject to (a) the Permitted Use express written consent of Master Landlord, (b) Subtenant’s covenant in Section 3(c) hereof not to locate a wet lab above or adjacent to the Server Room, and shall not use or permit (c) all applicable Laws. Subtenant and its employees, agents, contractors and invitees (the use of the Premises for any other purpose. Tenant “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterentity, including including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the Environmentalenvironment, Health and Safety Laws or the treatment, storage or disposal of hazardous materials (collectively referred to as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (Law(s)Laws”), regarding the operation of TenantSubtenant’s business and the Subtenant’s particular use and occupancy of the Subleased Premises, subject . In addition to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant Subtenant shall comply with applicable laboratory practices, the terms of Sections 7 and 30 and Exhibits E and G of the Master Lease (including the use of safety equipment) and policies established as modified by the Center Master Landlord’s Consent), which are incorporated herein by this reference (provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for Disease Control any indemnity obligations thereunder, which shall be for the benefit of both Sublandlord and Prevention (Master Landlord, and references to “Tenant” and “Premises” shall mean “Subtenant” and the “CDCSubleased Premises, respectively), and Tenant’s use any other rules and regulations of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use Building adopted by Master Landlord from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except copy thereof is made available to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withSubtenant.

Appears in 1 contract

Samples: Sublease (Exelixis Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all applicable statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (the “Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration, and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting except that compliance with applicable Laws, including without limitation the generality Americans with Disabilities Act, of the foregoingaccess to the Premises from the exterior of the Building through Common Areas, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations the responsibility of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety LawsLandlord. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s particular use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described Permitted Use, or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement DateTenant, and provided that Landlord Tenant shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall not be responsible for compliance with any such laws, regulations, or the compliance like requiring (a) structural repairs or modifications; or (b) repairs or modifications to the utility or building service equipment; or (c) installation of new building service equipment, such as fire detection or suppression equipment, unless such repairs, modifications, or installations shall (i) be due to Tenant’s particular manner of use of the Base Building withPremises (as opposed to office generally), or (ii) be due to the negligence or willful misconduct of Tenant or any agent, employee, or contractor of Tenant. “

Appears in 1 contract

Samples: Office Lease Agreement (Karyopharm Therapeutics Inc.)

Compliance with Laws; Use. Tenant shall use the The Premises will be used only for the Permitted Use and shall for no other use whatsoever. Tenant will not use or permit the use of the Premises for any purpose which is illegal, creates obnoxious odors (including but not limited to tobacco smoke), noises or vibrations, is dangerous to persons or property, could increase Landlord's insurance costs, or which, in Landlord's reasonable opinion, unreasonably disturbs any other purposetenants of the Building or interferes with the operation of the Building. Except as provided below, the following uses are expressly prohibited in the Premises; government offices or agencies; personnel agencies; collection agencies; credit unions; telemarketing or reservation centers; medical treatment and health care; restaurants and other retail; customer service offices of a public utility company; or any other purpose which would, in Landlord's reasonable opinion, impair the reputation or quality of the Building, overburden any of the Building systems, Common Areas or parking, impair Landlord's efforts to lease space or otherwise interfere with the operation of the Property. Notwithstanding the foregoing, the following ancillary uses are permitted in the Premises only so long as they do not, in the aggregate, occupy more than 10% of the Rental Square Footage of the Premises or any single full floor (whichever is less): (A) the following services provided by Tenant exclusively to its employees: schools, training and other educational services; credit unions; and similar employee services; and (B) the following services directly and exclusively supporting Tenant's business; telemarketing; reservations; storage; debt collection; and similar support services. Subject to completion of Landlord's Construction Obligation, Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitationthe ADA as well as any law, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans rule or regulation which must be complied with Disabilities Act (“Law(s)”)to obtain a Certificate of Occupancy, regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises. Tenant, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality within 10 days after receipt, shall provide Landlord with copies of the foregoing, and except as provided in Exhibit C attached hereto, any notices Tenant shall be solely responsible for complying with all Laws that relate to operations receives regarding a violation of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations alleged violation of Tenant’s laboratory usesany Laws. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use regulations of the Premises shall not exceed applicable Biosafety Level 2 Building attached as Exhibit B and such other reasonable rules and regulations (“BSL-2”or modifications thereto) requirements and protocols in effect with respect to Tenant’s use adopted by Landlord from time to time. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and Tenant shall store, use and dispose of Hazardous Materials in compliance subtenants to comply with all applicable Environmental, Health rules and Safety Lawsregulations. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to Whenever a conflict shall arise between the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use language of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work this Lease and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance rules and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitationregulations, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations terms of Tenant, Landlord this Lease shall be responsible for the compliance of the Base Building withprevail.

Appears in 1 contract

Samples: Office Lease (PROS Holdings, Inc.)

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Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply comply, and shall cause all of the Tenant Related Parties to comply, with all laws, statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including including, without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below)Common Areas and other portions of the Property, other than the Premises, but only to the extent such obligations are triggered by (i) any Tenant’s specific use of the Premises by Tenant (other than for general office use) to the extent that or such use requires compliance work beyond the baseline condition described Common Areas, or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises or such Common Areas, performed or requested by Tenant after or Tenant’s obligations as an employer or the Term Commencement Datenegligence or willful misconduct of any of the Tenant Related Parties (“Tenant Triggered Compliance”). Notwithstanding the foregoing, provided that Tenant shall notify Landlord shall perform prior to commencing any Tenant Triggered Compliance. With respect to any Tenant Triggered Compliance specifically pertaining to the Base structure of the Building Work and the Initial common systems (“Common Systems”) of the Building (as opposed to portions of the systems which would exclusively serve a specific premises if the Building was a multi-tenant building), Landlord may elect, by written notice to Tenant Work in a good within 10 days after receipt of Tenant’s notice, to perform any such Tenant Triggered Compliance, at Tenant’s sole cost and workmanlike manner and in compliance expense. Tenant shall promptly provide Landlord with all copies of any notices it receives regarding an alleged violation of Law. Tenant shall not exceed the density limit for the Building, as provided under applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except provided to the extent the same mechanical, plumbing and electrical systems of the Building as of the Effective Date are expressly set forth herein as obligations not sufficient to provide the services described in Article 7 to the density of its employees and equipment desired by Tenant, Tenant, at its sole expense, shall perform Alterations (defined in Section 9.03) to such systems of the Building, and shall thereafter repair, maintain and replace such Alterations, in order to provide sufficient services. Tenant shall comply (and cause the Tenant Related Parties and their respective contractors and vendors to comply) with the rules and regulations of the Building attached as Exhibit E and such other commercially reasonable, non-discriminatory rules and regulations adopted by Landlord shall be responsible from time to time, including rules and regulations for the compliance performance of the Base Building withAlterations.

Appears in 1 contract

Samples: Office Lease Agreement (Baxalta Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other purposetenants of the Building or interferes with the operation of the Building. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”except for Title III), regarding the operation of Tenant’s business in the Premises and the use use, condition, configuration and occupancy of the Premises; provided, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached heretohowever, Tenant shall in no event be solely responsible for complying with all Laws that relate obligated to operations perform or bear the cost of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used any work or required repair of a capital or structural nature in connection with compliance with any Laws applicable to the operations of Premises unless required solely due to Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s specific use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols Premises, or any modifications, alterations or improvements by or for the benefit of Tenant. Except as expressly required by Tenant in effect with respect to Tenant’s use from time to timethe previous sentence, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shallLandlord, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building expense (defined below), but only except to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described properly included in Exhibit J attached heretoExpenses), as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including Title III of the Americans with Disabilities Act with respect to the Premises and the Common Areas of the Building, provided that Landlord’s obligation with respect to the Premises shall be limited to violations of applicable Laws that arise out of base Building conditions in the Premises and not any alterations by Tenant prior to or after the Commencement Date, including, without limitation the Initial Alterations or the installation of any furniture, equipment and other personal property of Tenant. Notwithstanding the foregoing, so long as Tenant’s use and enjoyment of the Premises for the Permitted Use is not materially and adversely affected, Landlord shall have the right to contest any alleged violation in good faith, including, without limitation, the Environmentalright to apply for and obtain a waiver or deferment of compliance, Health the right to assert any and Safety Laws all defenses allowed by Law and the Americans with Disabilities Act. Except right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law. Landlord, after the same are expressly set forth herein as obligations exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, Tenant, Landlord not Landlord, shall be responsible for the compliance correction of any violations in the Premises that result from or arise out of any claims brought under any applicable building code (that are not required to be paid by Landlord) or applicable provision of the Base Americans with Disabilities Act other than Title III, the specific nature of Tenant’s business in the Premises (other than general office use), the acts or omissions of Tenant, its agents, employees or contractors, Tenant’s arrangement of any furniture, equipment or other property in the Premises, and any repairs, alterations, additions or improvements performed by or on behalf of Tenant, any improvements or alterations by or on behalf of Tenant, including, without limitation the Initial Alterations and any design or configuration of the Premises constructed or installed by or at the request of Tenant after being informed, in writing, by an architect or other design professional that such design or configuration is not in strict compliance with the ADA. Tenant, within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws. Tenant shall comply with the rules and regulations of the Building withattached as Exhibit B and such other reasonable rules and regulations adopted by Landlord from time to time. Tenant shall use commercially reasonable efforts to cause its agents, contractors, subcontractors, employees, customers, clients and subtenants to comply with all rules and regulations; provided that Tenant shall only be responsible for the acts of its customers and clients to the extent that Tenant can reasonably control the actions of such parties. Landlord shall not knowingly discriminate against Tenant in Landlord’s enforcement of the rules and regulations. The rules and regulations will be generally applicable and generally applied in the same manner to all tenants in the Building. If there is a conflict between this Lease and any rules and regulations enacted after the date of this Lease, the terms of this Lease shall control.

Appears in 1 contract

Samples: Office Lease Agreement (Piper Jaffray Companies)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use stated in Section 1.09 and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)Laws”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use regulations of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements Building attached as Exhibit D and protocols in effect with respect to Tenant’s use such other reasonable rules and regulations adopted by Landlord from time to time, and . Tenant shall storenot permit any objectionable or unpleasant orders, smoke, dust, gas, noise, vibrations to emanate from the Premises, nor take any other action that would constitute a nuisance or would disturb or endanger any other tenants of the Building or unreasonably interfere with their use of their respective premises. Landlord hereby represents and dispose warrants to Tenant that, to the best of Landlord’s knowledge, (a) no portion of the Property, including the Building and the Premises, has been used by Landlord, or by any other person or entity, for the storage or disposal of any Hazardous Materials Substances in compliance violation of any applicable laws or regulations of any federal, state or local governmental agency empowered to regulate Hazardous Materials, (b) no portion of the Property has ever been used as a landfill or dump for the storage or disposal of any Hazardous Substances in violation of any of the aforesaid laws or regulations, (c) there are no underground storage tanks or similar structures now located anywhere on the Property, (d) the entire Property complies in all respects with all applicable Environmentallaws, Health and Safety Laws(e) Landlord has not received any notice of any violation of any of the aforesaid laws. In additionNo Hazardous Substances shall be used or kept by Tenant in the Premises, Building or about the Property, except for those substances as are typically found in similar premises used for general office purposes and are being used by Tenant shallin a safe manner and in accordance with all applicable laws, at its sole cost rules and expenseregulations. The term "Hazardous Substance" as used in this Lease shall mean any product, promptly comply substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with any Laws that relate to the Base Building (defined below)other materials, but only to the extent such obligations are triggered by is either: (i) any use of the Premises by Tenant (other than for general office use) potentially injurious to the extent that such use requires compliance work beyond public health, safety or welfare, the baseline condition described in Exhibit J attached heretoenvironment, as improved by or the Base Building Work and the Initial Tenant WorkPremises; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) regulated or monitored by any Alterations governmental authority; or (as defined in Section 8.01iii) in a basis for potential liability of Landlord to any governmental agency or about the Premises performed third party under any applicable statute or requested by Tenant after the Term Commencement Datecommon law theory and shall include, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Lawsbut not be limited to, including without limitationhydrocarbons, the Environmentalpetroleum, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenantgasoline, Landlord shall be responsible for the compliance of the Base Building withcrude oil or any products or by-products thereof.

Appears in 1 contract

Samples: Office Lease Agreement (ForgeHouse, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit whatsoever. Notwithstanding the use foregoing, one time during the Term of this Lease, Tenant may submit to Landlord a request that a portion of the Premises (not to exceed 2,000 square feet) be used as a retail bank branch. Landlord shall not unreasonably withhold its consent to such modification to the Permitted Use, but may condition its consent on such requirements as Landlord may deem necessary to reflect such modification to the Permitted Use and the impact it may have on the Building and other tenants at the Property, including but not limited to a requirement that Tenant provide extra security, install certain additional leasehold improvements, and/or pay excess costs to reflect added wear and tear due to increased foot traffic at the Building. Without limitation, it is agreed that Landlord's consent shall not be considered unreasonably withheld if (i) such modification to the Permitted Use is not suitable for the Building considering the business of the other tenants or would result in a violation of another tenant's rights, (ii) Tenant is in default after the expiration of the notice and cure periods in this Lease, or (iii) any portion of the Building or Premises would likely become subject to additional or different Laws as a consequence of such proposed modification to the Permitted Use. In the event Landlord consents to such modification to the Permitted Use, Landlord and Tenant shall enter into an amendment to this Lease modifying the Permitted Use and addressing such other purposeconditions as Landlord may deem necessary. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act ("Law(s)"), regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the "Base Building Building" (defined below), but only to the extent such obligations are triggered by (i) any Tenant's use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with"

Appears in 1 contract

Samples: Office Lease Agreement (Northern Empire Bancshares)

Compliance with Laws; Use. Tenant The Subleased Premises shall use be used for office, research and development, laboratory, vivarium, manufacturing, warehousing, administrative uses and all related legal uses, as permitted under the Premises only for Master Lease and approved by the Permitted Use City of South San Francisco and shall not use or permit the use of the Premises for any other purposegovernmental entity having jurisdiction over the Subleased Premises. Tenant Subtenant and its employees, agents, contractors and invitees (the “Subtenant Controlled Parties”) shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterentity, including including, without limitation, all applicable federal, state and local Laws or regulations governing protection of, or damage to the Environmentalenvironment, Health and Safety Laws or the treatment, storage or disposal of hazardous substances (collectively referred to as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (Law(s)Laws”), regarding the operation of TenantSubtenant’s business and the Subtenant’s particular use and occupancy of the Subleased Premises, subject . In addition to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant Subtenant shall comply with applicable laboratory practicesthe terms of Section 11 of the Master Lease, which are incorporated herein by this reference (including provided, however, that all references therein to “Landlord” shall mean and refer to Master Landlord, except for any indemnity obligations thereunder, which shall be for the use benefit of safety equipment) both Sublandlord and policies established by the Center for Disease Control and Prevention (Master Landlord, references to “Tenant” shall mean “Subtenant”, references to “Building” or “Property” shall mean the “CDCSubleased Premises” and references to “Rent Commencement Date” shall mean the “Start Date”), and Tenant’s use any other rules and regulations of the Master Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use adopted by Master Landlord from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws provided that relate a copy thereof is made available to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant WorkSubtenant; provided, however, that Tenant Subtenant shall not be responsible for required to perform any alteration, addition or change of the cost Subleased Premises required by law, regulation, ordinance or order of any public authority unless such compliance work with respect to items for which Tenant alteration, addition or change is responsible for required as a result of (i) Subtenant’s particular use of the maintenance and repair under this Lease, and/or Subleased Premises or (ii) any Alterations (as defined in Section 8.01) in alteration to the Subleased Premises made by or on behalf of Subtenant, and/or any application made by or on behalf of Subtenant for governmental permits, licenses or approvals. Under no circumstances shall Subtenant be liable for any hazardous substances present at any time on or about the Subleased Premises performed or requested by Tenant after the Term Commencement DateBuilding, provided that Landlord shall perform or the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Lawsair, soil, improvements, ground water or surface water thereof (including without limitationlimitation the cost of remediation thereof), the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except except to the extent the same are expressly set forth herein as obligations of Tenantcaused to be present by Subtenant, Landlord shall be responsible for the compliance of the Base Building withits affiliates or their respective, agents, employees, contractors, vendors or invitees.

Appears in 1 contract

Samples: Sublease (Exelixis, Inc.)

Compliance with Laws; Use. Tenant 5.01 The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all Laws regarding the operation of Tenant's business and the use, condition, configuration and occupancy of the Premises. Tenant shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Landlord makes no representations to Tenant that the conduct of Tenant's business in the Premises will be in compliance with Law. As used in this Lease, "Law(s)" means all present and future statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including including, without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business "ADA") and regulations promulgated thereunder and the use and occupancy provisions of other leases with other tenants of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Building. 5.02 Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to to (a) the Base Building (as defined belowherein), but only to the extent such obligations are triggered by (i) any Tenant's use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after or (b) the Term Commencement DatePremises. As used in this Lease, provided "Base Building" shall include the structural portions of the Building, the public restrooms and the mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. 5.03 To the best of Landlord's knowledge, the Premises is compliant with the ADA as the date of this Lease. Tenant shall be responsible for causing the Premises to comply with the ADA at Tenant's sole cost and expense in connection with the performance of work for Tenant's initial occupancy of, and any subsequent alterations or improvements to, the Premises; except, that Landlord shall perform be responsible for performing any ADA-required alterations or improvements to the Base exterior of the Building Work that are required by applicable governmental authorities and not arising from or relating to any alterations or improvements performed by Tenant. 5.04 As used in this Lease, "Hazardous Materials" will mean any substance commonly referred to, or defined in any Law, as a hazardous material or hazardous substance (or other similar term), including but not be limited to, chemicals, solvents, petroleum products, 4073687.v10 flammable materials, explosives, asbestos, urea formaldehyde, PCB's, chlorofluorocarbons, freon or radioactive materials. Tenant will not cause or permit any Hazardous Materials to be brought upon, kept, stored, discharged, released or used in, under or about any portion of the Initial Property by Tenant, Tenant Work Related Parties (as defined herein) or their agents without the prior written consent of Landlord, which consent may be withheld or conditioned in a good Landlord's sole discretion; provided, Tenant may bring into the Premises small amounts of Hazardous Materials (such as cleaning products and workmanlike manner copy toner) which are readily available to Tenant by unregulated retail purchase if the same are necessary in Tenant's normal business operations. If Tenant or any Tenant Related Party brings any Hazardous Materials to the Premises or Property, with or without the prior written consent of Landlord (without waiver of the requirement of prior written consent), and in executing this Lease Tenant acknowledges and agrees that by its direct or indirect involvement in the introduction of any Hazardous Materials to the Premises or Property, with or without the consent of the Landlord, that Tenant accepts full and complete responsibility for such Hazardous Materials and henceforth on will be considered the "Responsible Party" as defined by any applicable governmental authority and/or Law. Further, Tenant shall: (a) use such Hazardous Material only as is reasonably necessary to Tenant's business, in small, properly labeled quantities; (b) handle, use, keep, store, and dispose of such Hazardous Material using the highest accepted industry standards and in compliance with all applicable Laws; (c) maintain at all times with Landlord a copy of the most current MSDS sheet for each such Hazardous Material; and (d) comply with such other rules and requirements Landlord may from time to time impose, including without limitationor with any definition of Hazardous Materials or Law as it may be implemented or modified during or after the term of this Lease. Upon expiration or earlier termination of this Lease, Tenant will, at Tenant's sole cost and expense, cause all Hazardous Materials brought to the Premises or the Property by Tenant, to be removed from the Property in compliance with any and all applicable Laws. 5.05 If Tenant violates the provisions of this Section 5, or performs any act or omission which contaminates or expands the scope of contamination of the Premises, the EnvironmentalProperty, Health and Safety Laws and or any part thereof, the Americans with Disabilities Act. Except underlying groundwater, or any property adjacent to the extent Property, or violates or allegedly violates any applicable Law, then Tenant will promptly, at Tenant's expense, take all investigatory and/or remedial action (collectively called "Remediation"), as directed or required by any governmental authority that is necessary to fully clean up, remove and dispose of such Hazardous Materials and any contamination so caused and shall do so in compliance with any applicable Laws. Tenant will also repair any damage to the same are expressly set forth herein Premises and any other affected portion(s) of the Property caused by such contamination and Remediation. 5.06 Tenant shall immediately provide to Landlord written notice of any investigation or claim arising out of the use by Tenant or any Tenant Entity of Hazardous Materials at the Property or the violation of any provision of this Section 5, or alleged violation of any Law and shall keep Landlord fully advised regarding the same. Tenant shall provide to Landlord all reports regarding the use of Hazardous Materials by Tenant at the Property and any incidents regarding the same, regardless of whether any such documentation is considered by Tenant to be confidential. Landlord retains the right to participate in any Remediation and/or legal actions affecting the Property involving Hazardous Materials arising from Tenant's actual or alleged violation of any provision of this Section 5 or applicable Law. 4073687.v10 5.07 Tenant will indemnify, protect, defend and forever hold Landlord, its lenders and ground lessor, if any, Landlord Related Parties (as obligations defined herein) the Premises, the Property, or any portion thereof, harmless from any and all damages, causes of action, fines, losses, liabilities, judgments, penalties, claims, and other costs, including, but not limited to, any Landlord Related Parties' costs incurred during its participation in any Remediation and/or legal actions as specified in this Section 5, arising out of any failure of Tenant or Tenant Related Party to observe any covenants of this Section 5. All provisions of this Section 5 shall survive the expiration of this Lease and any termination of this Lease or of Tenant's right of possession. 5.08 Landlord will indemnify, protect, defend and forever hold Tenant harmless from any and all damages, causes of action, fines, losses, liabilities, judgments, penalties, claims, and other costs, including, but not limited to, any Hazardous Materials in, on or around the Property not otherwise brought onto the Property by Tenant or any Tenant Related Party. All provisions of this Section 5 shall survive the expiration of this Lease and any termination of this Lease or of Tenant's right of possession. 5.09 Tenant shall comply with the Rules and Regulations attached as Exhibit C (the "Rules and Regulations") and such amendments to the Rules and Regulations as may be adopted by Landlord from time to time and delivered to Tenant in writing; provided, however, no such amendments to the Rules and Regulations shall contradict or abrogate any right or privilege herein granted to Tenant hereunder. Landlord shall use reasonable efforts to enforce the Rules and Regulations, as may be responsible for amended, in a reasonable and non-discriminatory manner against all tenants on the compliance of the Base Building withProperty.

Appears in 1 contract

Samples: Lease Agreement (Digimarc CORP)

Compliance with Laws; Use. Tenant 5.1 The Premises shall use the Premises only be used for the Permitted Use and for purposes reasonably incidental thereto consistent with a first class office project, and Tenant shall not use the Premises, or permit the Premises to be used, for any other use whatsoever. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the right to use a portion of the Premises for the operation of, and include in the Tenant Improvements (or subsequent Alterations) the construction of, a kitchen/pantry facility (which in no event may include gas stoves or other gas appliances) for Tenant’s employees and guests only (in no event shall such kitchen/pantry facility be open to or serve the general public), including the installation of one or more dishwashers on and subject to the following terms and conditions: (i) Tenant shall be responsible, at its sole cost and expense (subject to the application of the Tenant Improvement Allowance), for obtaining all applicable permits, licenses and governmental approvals necessary for the use of the Premises for any other purpose. Tenant shall comply with all statutessuch kitchen/pantry facility uses (including, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, any necessary approvals from the Environmentalapplicable health and/or fire departments, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or permits required in connection with the operations any venting or other air-removal/circulation system, and any required fire-suppression systems), copies of which shall be delivered to Landlord prior to Tenant’s laboratory installation of any alterations in the Premises in connection with such kitchen/pantry facility uses; and (ii) in no event may such kitchen/cooking facility require any alterations to the Base Building. Tenant shall comply with applicable laboratory practices, (including will additionally have the use right to devote a reasonable portion of safety equipment) and policies established by the Center Premises towards the operation of a fitness/wellness center for Disease Control and Prevention (the “CDC”), and Tenant’s employees (including, at Tenant’s option, shower and/or locker facilities) subject to such reasonable rules and regulations regarding such operations as Landlord may implement for such fitness center. The uses prohibited under this Lease include, without limitation, use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by or a portion thereof for (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost offices of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or agency or bureau of United States or any state or political subdivision thereof; (ii) offices or agencies of any Alterations foreign governmental or political subdivision thereof; (as defined in Section 8.01iii) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations offices of Tenant, Landlord shall be responsible for the compliance of the Base Building withany

Appears in 1 contract

Samples: Lease Agreement (PagerDuty, Inc.)

Compliance with Laws; Use. Tenant Borrower has, and at all times shall use have obtained, all permits, licenses, exemptions, and approvals necessary to construct, occupy, operate and market the Premises only Property, and shall maintain compliance with all Requirements of Law applicable to the Property and all other applicable statutes, laws, regulations and ordinances necessary for the Permitted Use transaction of its business. The Property is comprised of one or more legal parcels lawfully created in full compliance with all subdivision laws and shall not use or permit ordinances, and is properly zoned for the stated use of the Premises for any other purposeProperty as disclosed to Administrative Agent at the time of execution hereof. Tenant Borrower shall comply not initiate or acquiesce to a zoning change of the Property without prior notice to, and prior written consent from, the Requisite Lenders, which consent shall not be unreasonably withheld by the Requisite Lenders so long as such changes (i) are consistent with all statutesthe Xxxx Neighborhood Master Plan, codes, ordinances, orders, rules and regulations (ii) do not result in a decrease in value or the economic feasibility of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use and occupancy of the PremisesProperty, subject and (iii) add permitted uses but do not restrict any of the Property from continuing to Landlord’s delivery obligations be used for its present use as expressly set forth in this Leaseof the Effective Date. Without limiting the generality of In connection with the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall portions of the Property may be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection rezoned with the operations prior written consent of Tenant’s laboratory usesthe Requisite Lenders to permit one or more hotels to be built on the Property, so long as (x) the Property may continue to be used for the same permitted uses for which such Property is being used as of the Effective Date and (y) the conditions in the preceding sentence are satisfied. Tenant Subject to the foregoing, Borrower shall comply with applicable laboratory practices, (including not allow changes in the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s stated use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect Property from that disclosed to Tenant’s use from Administrative Agent at the time to timeof execution hereof without prior notice to, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitationprior written consent from, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withRequisite Lenders.

Appears in 1 contract

Samples: Loan Agreement (Howard Hughes Corp)

Compliance with Laws; Use. Tenant 7.01 The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all federal, state and municipal statutes, codes, ordinances, orders, rules and regulations of any municipal governmental authority, quasi-governmental authority, or governmental entity association body which has the authority to regulate the Premises, the Building or the Property, whether in effect now or later, including including, without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act of 1990, as amended (collectively, “Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined belowas hereinafter defined), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any or Alterations (as defined in Section 8.0111.03) or improvements in or about the Premises performed or requested by Tenant after (however Tenant shall not be responsible for such compliance if the Term Commencement Daterequirement is triggered solely because it had been grandfathered until future improvements were made). “Base Building” shall include the structural portions of the Building, provided that Landlord shall perform the Base public restrooms, public corridors, public water fountains, and public Building Work entrances, and the Initial Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant Work in a good shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. It shall be Landlord’s responsibility at Landlord’s expense (subject to reimbursement if and workmanlike manner and in compliance to the extent permitted pursuant to Article 5 above) to comply at all times with all applicable provisions of Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except Act of 1990, as amended, and the regulations promulgated thereto as well as any American Society of Heating, Refrigerating and Air Conditioning Engineers (“ASHRAE”) standards or guidelines that have been adopted as local code requirements with respect to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withHVAC systems that enter or serve the Premises but not including the normal HVAC distribution within the Premises (which compliance shall be Tenant’s responsibility), with respect to the Common Areas and the Base Building which are not Tenant’s responsibility, as aforesaid. Tenant shall, comply with the rules and regulations of the Building

Appears in 1 contract

Samples: Office Lease Agreement (Alarm.com Holdings, Inc.)

Compliance with Laws; Use. Tenant Borrower shall and/or shall cause Operating Lessee to obtain and at all times maintain, or use commercially reasonable efforts to cause the Premises only Manager to obtain and at all times maintain, all permits, Licenses (including the Liquor License and any other applicable liquor licenses or beverage permits), exemptions, and approvals necessary to construct, occupy, operate and market the Property, and shall maintain compliance in all material respects with all Requirements of Law applicable to the Property and all other applicable statutes, laws, regulations and ordinances necessary for the Permitted Use transaction of its business. If Borrower or Operating Lessee has received notice of any material violations of the aforesaid Requirements of Laws, applicable statutes, laws, regulations and ordinances, Borrower or Operating Lessee, as applicable, shall cure such violation within thirty (30) days of such notice provided that if such violation in not use reasonably capable of being cured within such thirty (30) day period, Borrower or permit Operating Lessee, as applicable, shall have an additional ninety (90) days (for a total of 120 days) to cure such violation so long as Borrower or Operating Lessee, as applicable, commences the cure of such violation within such thirty (30) day period and diligently prosecutes, as determined by Administrative Agent, the cure of such violation. The Property is a separate legal parcel lawfully created in compliance in all material respects with all subdivision laws and ordinances, and is properly zoned for the stated use of the Premises for any other purposeProperty as disclosed to Administrative Agent at the time of execution hereof. Tenant Neither Borrower nor Operating Lessee shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal initiate or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use and occupancy acquiesce to a zoning change of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoingProperty without prior notice to, and except as provided prior written consent (not to be unreasonably withheld, delayed or conditioned) from, Administrative Agent. Furthermore, neither Borrower nor Operating Lessee shall allow changes in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s stated use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect Property from that disclosed to Tenant’s use from time to timeAdministrative Agent at the Effective Date without prior notice to, and Tenant shall storeprior written consent from, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building (defined below), but only to the extent such obligations are triggered by (i) any use of the Premises by Tenant (other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building withAdministrative Agent.

Appears in 1 contract

Samples: Loan Agreement (Ryman Hospitality Properties, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord's reasonable opinion, unreasonably disturbs any other purposeoccupants of the Property or unreasonably interferes with the operation of the Premises or the Property. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or laterLaws, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”)Act, regarding the operation of Tenant’s 's business and the use use, condition, configuration and occupancy of the Premises. Tenant, subject within 10 days after receipt, shall provide Landlord with copies of any notices it receives regarding a violation or alleged violation of any Laws relating to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality use, condition, configuration or occupancy of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory usesPremises. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) rules and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use regulations of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements Property attached as Exhibit B and protocols in effect with respect to Tenant’s use such other reasonable rules and regulations adopted by Landlord from time to time. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall enforce the rules and regulations uniformly with respect to violations thereof of which it either has been notified or otherwise has actual knowledge, and shall not knowingly discriminate against Tenant in Landlord's enforcement of the rules and regulations. Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate have access to the Base Building Premises 24 hours per day, 365 days per year. Landlord initially shall provide all Tenant employees assigned to the Premises, not exceeding fifty-five (defined below55), but only with door keys and access cards at no additional costs to Tenant. If reasonably achievable within the design of Landlord's security system, Landlord will reasonably attempt to program its security system for the Building in a manner to allow Tenant's employees to utilize their access cards used at Tenant's headquarters (0000 Xxxxxxxx Xxxxxx East). If the Premises are subsequently expanded pursuant to the extent provisions of Section 6 below, or otherwise, Landlord shall provide Tenant with additional door keys and access cards at no additional cost to Tenant, and the number of such obligations are triggered by (i) any use additional no-cost keys and cards issued with respect to the additional Rentable Area of the expanded Premises by Tenant shall be in the same proportion as the fifty-five (other than for general office use55) cards issued initially bears to the extent that such use requires compliance work beyond initial Rentable Area of the baseline condition described in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; providedPremises. Landlord may impose a reasonable charge, however, that to replace keys and/or access cards which are lost or damaged, or to issue keys or access cards in addition to those which Landlord is required to initially provide to Tenant shall be responsible for the at no cost of any such compliance work with respect pursuant to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities Act. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with5.

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

Compliance with Laws; Use. Tenant The Premises shall use the Premises be used only for the Permitted Use and for no other use whatsoever. Tenant shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in Landlord’s reasonable opinion, unreasonably disturbs any other tenants of the Building or the Property or interferes with the operation of the Building or the Property. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises or from any portion of the Common Areas as a result of the use by Tenant or any Tenant Related Party thereof. Storage outside the Premises of materials, vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer the commission of any waste in, on or about the Premises. Tenant shall not allow any sale by auction upon the Premises, or place any loads upon the floors, walls or ceilings which could endanger the structure, or place any harmful substances in the drainage system of the Building or Property. No waste, materials or refuse shall be dumped upon or permitted to remain outside the Premises except in trash containers place inside exterior enclosures designated for that purpose by Landlord. The Premises shall be used for the Permitted Use and for no other use whatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after the Term Commencement Date, provided that Landlord shall perform the Base Building Work and the Initial Tenant Work in a good and workmanlike manner and in compliance with all applicable Laws, including without limitation, the Environmental, Health and Safety Laws and the Americans with Disabilities ActTenant. Except to the extent the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for the compliance of the Base Building with

Appears in 1 contract

Samples: Office Lease Agreement (GigOptix, Inc.)

Compliance with Laws; Use. Tenant The Premises shall use the Premises only be used for the Permitted Use and shall not for no other use or permit the use of the Premises for any other purposewhatsoever. Tenant shall comply with all statutes, codes, ordinances, orders, rules and regulations of any municipal or governmental entity whether in effect now or later, including without limitation, the Environmental, Health and Safety Laws (as defined in Exhibit F attached hereto) and the Americans with Disabilities Act (“Law(s)”), regarding the operation of Tenant’s business and the use use, condition, configuration and occupancy of the Premises, subject to Landlord’s delivery obligations as expressly set forth in this Lease. Without limiting the generality of the foregoing, and except as provided in Exhibit C attached hereto, Tenant shall be solely responsible for complying with all Laws that relate to operations of Tenant’s laboratory uses, and all Laws pertaining to equipment, installations and improvements used or required in connection with the operations of Tenant’s laboratory uses. Tenant shall comply with applicable laboratory practices, (including the use of safety equipment) and policies established by the Center for Disease Control and Prevention (the “CDC”), and Tenant’s use of the Premises shall not exceed applicable Biosafety Level 2 (“BSL-2”) requirements and protocols in effect with respect to Tenant’s use from time to time, and Tenant shall store, use and dispose of Hazardous Materials in compliance with all applicable Environmental, Health and Safety Laws. In addition, Tenant shall, at its sole cost and expense, promptly comply with any Laws that relate to the Base Building Building” (defined below), but only to the extent such obligations are triggered by (i) any Tenant’s use of the Premises by Tenant (Premises, other than for general general, office use) to the extent that such use requires compliance work beyond the baseline condition described , or Alterations or improvements in Exhibit J attached hereto, as improved by the Base Building Work and the Initial Tenant Work; provided, however, that Tenant shall be responsible for the cost of any such compliance work with respect to items for which Tenant is responsible for the maintenance and repair under this Lease, and/or (ii) any Alterations (as defined in Section 8.01) in or about the Premises performed or requested by Tenant after Tenant, “Base Building” shall include the Term Commencement Datestructural portions of the Building, provided that Landlord shall perform the Base Building Work public restrooms and the Initial Building mechanical, electrical and plumbing systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. Tenant Work in a good shall promptly provide Landlord with copies of any notices it receives regarding an alleged violation of Law. Tenant shall comply with the rules and workmanlike manner regulations of the Building attached as Exhibit E and in compliance with all applicable Lawssuch other reasonable rules and regulations adopted by Landlord from time to time, including without limitationrules and regulations for the performance of Alterations (defined in Section 9). Nothing herein shall require Tenant to perform any alterations, additions or improvements which are necessary to comply with Laws with respect to the EnvironmentalCommon Areas, Health unless such, compliance relates to the Common Areas on any floor on which the Premises are located and Safety Laws and arises directly out of the Americans with Disabilities Actperformance of work by or on behalf of Tenant in the Premises or Tenant’s use of the Premises for purposes other than general office use. Except Landlord will, at Landlord’s expense (except to the extent properly included in Expenses), perform all acts required to comply with such Laws with respect to the foregoing as the same are expressly set forth herein as obligations of Tenant, Landlord shall be responsible for affect the compliance of Premises and the Base Building withBuilding.

Appears in 1 contract

Samples: Sublease Agreement (L-1 Identity Solutions, Inc.)

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