Compliance with Legal and Insurance Requirements, etc. Subject ----------------------------------------------------- to Sections 8.2, 8.3(b) and Article XII or any other provision of this Agreement relating to permitted contests, Lessee, at its expense, will promptly (a) comply with all applicable Legal Requirements and Insurance Requirements in respect of the use, operation, maintenance, repair and restoration of the Leased Property, subject however to the provisions of Section 9.1(b), and (b) procure, maintain and comply with all appropriate licenses and other authorizations required for any use of the Leased Property and Lessee's Personal Property then being made, and for the proper erection, installation, operation and maintenance of the Leased Property or any part thereof. Notwithstanding the foregoing, in the event the parties are unable to agree as to whether (i) a Legal Requirement requires an expenditure which is an obligation of Lessee hereunder or constitutes a Capital Improvement (it being agreed that Lessee has no obligation to make such a Capital Improvement notwithstanding anything to the contrary contained herein), and/or (ii) a Capital Improvement should be made to comply with a certain Legal Requirement (any such Capital Improvement to be made by Lessor, subject to Section 40.2 hereof), then Lessee shall have the right to terminate this Lease upon thirty (30) days prior written notice to Lessor whereupon, this Lease shall terminate and neither party shall have any further obligations hereunder except for (i) Lessee's obligation to pay all Rent accrued through the termination date and (ii) any other obligations or indemnities herein expressly stated to survive the termination hereof.
Appears in 1 contract
Samples: Lease Agreement (American General Hospitality Corp)
Compliance with Legal and Insurance Requirements, etc. Subject ----------------------------------------------------- to Sections 8.2, 8.3(b) and Article XII or any other provision of this Agreement relating to permitted contests, Lessee, at its expense, will promptly (a) comply with all applicable Legal Requirements and Insurance Requirements in respect of the use, operation, maintenance, repair and restoration of the Leased Property, subject however to the provisions of Section 9.1(b), and (b) procure, maintain and comply with all appropriate licenses and other authorizations required for any use of the Leased Property and Lessee's Personal Property then being made, and for the proper erection, installation, operation and maintenance of the Leased Property or any part thereof. Notwithstanding the foregoing, in the event the parties are unable to agree as to whether (i) a Legal -35- 126 Requirement requires an expenditure which is an obligation of Lessee hereunder or constitutes a Capital Improvement (it being agreed that Lessee has no obligation to make such a Capital Improvement notwithstanding anything to the contrary contained herein), and/or (ii) a Capital Improvement should be made to comply with a certain Legal Requirement (any such Capital Improvement to be made by Lessor, subject to Section 40.2 hereof), then Lessee shall have the right to terminate this Lease upon thirty (30) days prior written notice to Lessor whereupon, this Lease shall terminate and neither party shall have any further obligations hereunder except for (i) Lessee's obligation to pay all Rent accrued through the termination date and (ii) any other obligations or indemnities herein expressly stated to survive the termination hereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Prime Hospitality Corp)
Compliance with Legal and Insurance Requirements, etc. Subject ----------------------------------------------------- to Sections 8.2, 8.3(b) and Article XII or any other provision of this Agreement relating to permitted contests, Lessee, at its expense, will promptly (a) Subject to Section 6.5(a), Tenant at its expense (but subject to any reimbursement provided for in Section 9.5) will comply with all applicable Legal Requirements and Insurance Requirements Requirements, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, and whether or not compliance shall require structural changes in respect the Demised Premises or interfere with the use or enjoyment of the useDemised Premises or any part thereof and will comply with any instruments of record set forth on Schedule D hereto at any time in force affecting the Demised Premises or any part thereof if the failure to comply with the same may result in the creation of a lien, operationliability or forfeiture of title. Tenant acknowledges that Tenant is aware that the Tower has been designated as a landmark by federal, maintenance, repair state and restoration municipal Public Authorities and agrees to comply with all Legal Requirements pertaining thereto as such affect the portion of the Leased PropertyDemised Premises located in the Tower. Without limiting the generality of the foregoing, subject however to Tenant shall comply with all requirements of the provisions Americans With Disabilities Act of Section 9.1(b1990, as amended (the "ADA"), and (b) procurethe Resource Conservation Recovery Act, maintain and comply with all appropriate licenses and other authorizations required for any use of the Leased Property and Lessee's Personal Property then being made42 U.S.C. §§6901 et seq., as amended, and for shall not use or occupy or permit the proper erectionDemised Premises to be used or occupied, installationnor do, operation and maintenance of or permit anything to be done, in, on or about the Leased Property Demised Premises, in whole or in part, in a manner which would in any way make void or voidable any insurance then in force with respect thereto, or make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant, or which will cause or be apt to cause structural injury to the Demised Premises or any part thereof. Notwithstanding the foregoing, if Landlord or any tenant of the Landlord Space (other than Tenant) performs any work or Landlord Alterations anywhere in the event Landlord Space and, as a result thereof, Tenant would be required to perform ADA work or Tenant Alterations in the parties are unable Demised Premises, then Tenant shall perform such work at Landlord's sole cost and expense. Landlord shall reimburse Tenant for such costs and expenses within thirty (30) days after written demand therefor.
(b) Subject to agree Section 6.5(c), Landlord, at its expense, shall comply with all Legal Requirements relating to the Landlord Space including, without limitation, those applicable to the making of any Landlord Alterations in the Landlord Space or the result of the making of such Landlord Alterations and those applicable by reason of the nature or type of business operated by Landlord in the Landlord Space. Landlord shall not be under any obligation to make any Landlord Alterations in order to comply with Legal Requirement applicable to the mere general "office" use (as opposed to whether the manner of use) of the Landlord Space, unless expressly required herein or if required as a result of any Landlord Alterations made by Landlord.
(c) Subject to Section 6.5(c), Landlord, at its expense, shall comply with and expressly assumes all responsibility for compliance with the ADA relating to the Landlord Space, including, but not limited to, any path of travel alterations from the elevators serving the Landlord Space through each portion of the Landlord Space and any requirements of the ADA relating to the Landlord Space. Any Landlord Alterations required to be performed by Landlord to the Landlord Space for the purpose of complying with the ADA, as aforesaid, or which otherwise require compliance with the ADA, shall be done in accordance with the terms, provisions, agreements, covenants and conditions of this Lease. Notwithstanding the foregoing, if Tenant has performed any work or Tenant Alterations anywhere in the Demised Premises (to prepare the same for Tenant's use or occupancy as opposed to performing Tenant's obligations under this Lease) and, as a result thereof, Landlord would be required under any Legal Requirement to perform Landlord Alterations in the Landlord Space (each, a "Tenant-Triggered Alteration"), then Landlord shall perform such Tenant-Triggered Alteration at Tenant's sole cost and expense (which shall be reimbursed to Landlord within thirty (30) days after written demand thereof).
(d) Tenant shall comply with (i) a Legal Requirement requires an expenditure all ADA requirements which is an are not the obligation of Lessee hereunder or constitutes a Capital Improvement (it being agreed that Lessee has no obligation the Landlord pursuant to make such a Capital Improvement notwithstanding anything to the contrary contained herein), and/or Section 6.4(c) and (ii) a Capital Improvement should be made to comply with a certain all other Legal Requirement (any such Capital Improvement to be made by LessorRequirements affecting the Building, subject to which are not the responsibility of Landlord under Section 40.2 hereof6.4(b), then Lessee . Tenant shall have the right to terminate this Lease upon thirty (30) days prior written notice to Lessor whereupon, this Lease shall terminate and neither party shall have contest the applicability or validity of any further obligations hereunder except for (i) Lessee's obligation to pay all Rent accrued through the termination date and (ii) any other obligations or indemnities herein expressly stated to survive the termination hereofLegal Requirement as provided in Section 6.5.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Compliance with Legal and Insurance Requirements, etc. Subject ----------------------------------------------------- to Sections 8.2, 8.3(b) and Article XII or any other provision of this Agreement relating to permitted contests, Lessee, Tenant at its expense, expense (but subject to any reimbursement provided for in Section 9.5) will promptly (a) comply with all applicable Legal Requirements and Insurance Requirements Requirements, whether ordinary or extraordinary, structural or nonstructural, foreseen or unforeseen, and whether or not compliance shall require structural changes in respect the Demised Premises or interfere with the use or enjoyment of the useDemised Premises or any part thereof and will comply with any instruments of record set forth on Schedule D hereto at any time in force affecting the Demised Premises or any part thereof if the failure to comply with the same may result in the creation of a lien, operationliability or forfeiture of title. Tenant acknowledges that Tenant is aware that the Tower has been designated as a landmark by federal, maintenance, repair state and restoration municipal Public Authorities and agrees to comply with all Legal Requirements pertaining thereto. Without limiting the generality of the Leased Propertyforegoing, subject however to Tenant shall comply with all requirements of the provisions Americans With Disabilities Act of Section 9.1(b1990, as amended (the "ADA"), and (b) procurethe Resource Conservation Recovery Act, maintain and comply with all appropriate licenses and other authorizations required for any use of the Leased Property and Lessee's Personal Property then being made42 U.S.C. ss.ss.6901 et seq., as amended, and for shall not use or occupy or permit the proper erectionDemised Premises to be used or occupied, installationnor do, operation and maintenance of or permit anything to be done, in, on or about the Leased Property Demised Premises, in whole or in part, in a manner which would in any way make void or voidable any insurance then in force with respect thereto, or make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant, or which will cause or be apt to cause structural injury to the Demised Premises or any part thereof. Notwithstanding the foregoing, if Landlord, as subtenant under the Takeback Sublease, or any Subtenant Party performs any work or Alterations anywhere in the event Leaseback Space and, as a result thereof, Tenant would be required to perform ADA work or Alterations in the parties are unable to agree as to whether (i) a Legal Requirement requires an expenditure which is an obligation of Lessee hereunder or constitutes a Capital Improvement (it being agreed that Lessee has no obligation to make such a Capital Improvement notwithstanding anything to the contrary contained herein), and/or (ii) a Capital Improvement should be made to comply with a certain Legal Requirement (any such Capital Improvement to be made by Lessor, subject to Section 40.2 hereof)Demised Premises, then Lessee Tenant shall have the right to terminate this Lease upon perform such work at Landlord's sole cost and expense. Landlord shall reimburse Tenant for such costs and expenses within thirty (30) days prior after written notice to Lessor whereupon, this Lease shall terminate and neither party shall have any further obligations hereunder except for (i) Lessee's obligation to pay all Rent accrued through the termination date and (ii) any other obligations or indemnities herein expressly stated to survive the termination hereofdemand therefor.
Appears in 1 contract
