COVENANTS OF TENANT. The Tenant covenants with the Landlord: 6.1 To pay Rent as and when due; 6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due. 6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted. 6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid. 6.5 That the Tenant will leave the Premises in good repair, save as aforesaid. 6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand. 6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time. 6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building. 6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed: (a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park; (b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b). 6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant. 6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will: (a) in any manner release the Tenant from any covenant to be observed or performed by it, and (b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building. 6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company. 6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease. 6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13. 6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease. 6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 3 contracts
Samples: Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.)
COVENANTS OF TENANT. The Tenant covenants and agrees with the Landlord:
6.1 To pay Rent Lender as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowedfollows:
(a) Tenant shall pay to display Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Leader and a sign on the standard building directory signage release and discharge of all liability of Tenant to be provided by the Landlord in a manner for any such payments made to be consistent with a suburban business park;Lender.
(b) the option to install prominent signage on the exterior Tenant shall enter into no material amendment or modification of any of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval provisions of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the TenantLease without Lender’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)prior written consent.
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The (c) Tenant shall not assign subordinate its rights under the Lease to any other mortgage, deed of trust, or sublet the Premises in whole or in part other security instrument without the prior written consent of Lender.
(d) In the event the Lease is rejected or deemed rejected in writing of the any bankruptcy proceeding with respect to Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from exercise its option to treat the Lease as terminated under 11 U.S.C. § 365(h), as amended.
(e) Tenant shall not accept any obligation contained in this waiver or release of Tenant’s obligations under the Lease includingby Landlord, or any termination of the Lease by Landlord, without limitation, from any covenant to be observed or performed by the Tenant under this LeaseLender’s prior written consent.
6.14 The (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have clapsed, or during any period that Lender is allowed proceeding to profit on any assignment cure the default with due diligence, or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of is attempting to obtain the Premises, whether consented right to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep enter the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for wastecure the default.
Appears in 2 contracts
Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)
COVENANTS OF TENANT. The 12.1 Upon request from Tenant, Landlord shall provide HVAC service to Tenant covenants with beyond Business Hours at the rate of sixty dollars ($60.00) per hour, which amount shall be paid to Landlord within thirty (30) days after receipt of invoice from Landlord:
6.1 To pay Rent as and when due. Such hourly rate shall be subject to reasonable adjustments from time to time to reflect increases in Landlord’s costs for providing such additional service;
6.2 To 12.2 Tenant, at its sole cost and expense, shall pay for all utilities which are separately metered to the cost Premises directly to the applicable utility provider(s) when due (and if the utilities are not separately metered Tenant shall pay for utilities through it payment of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject Additional Rent pursuant to Section 12.04);
12.3 Tenant, to at its sole cost and expense, shall keep the Premises in substantially the same order and repair as exists on the PremisesLease Commencement Date, reasonable wear and tear, structural repairsdamage by fire or other casualty, takings, and damage by fire, lightning and other casualties against which the any items that Landlord is insuredobligated to maintain, repair or for which replace excepted;
12.4 Tenant, at its sole cost and expense, shall surrender the Landlord is Premises on the Expiration Date of this Lease in the condition required to be insured under this Lease, only excepted.
6.4 Subject pursuant to Section 7.725 hereof;
12.5 Tenant shall not, thatwithout the prior consent of Landlord, upon providing (i) place, erect, maintain or display any sign or other marking of any kind whatsoever on the windows, doors or exterior walls of the Premises; or (ii) place any blinds, curtains, drapes or coverings over the exterior windows or on the window surfaces which are visible from the outside of the Building;
12.6 Tenant, at its sole cost and expense, shall be responsible for the maintenance of the Premises (including, but not less than 48 hours’ written notice specifying a specific time limited to, any tenant improvements, Alterations, fixtures, equipment and systems installed therein by Tenant), and for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case replacement of an emergency enter any part of the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all Building made necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless reason of damage thereto caused by the negligence or willful misconduct of the Landlord Tenant or those Tenant’s employees, servants, agents or invitees, subject to Section 16.3 below. In no event shall Tenant be responsible for whom the any item that Landlord is responsible at lawobligated to repair, maintain or replace under this Lease. In the event Tenant shall fail to perform such maintenance, repairs or replacements within thirty (30) days of the date such work becomes necessary, and thereafter fails to commence same within ten (10) days after receipt of Landlord’s notice specifying the expense of need for such repair will repair, Landlord may, but shall not be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to dorequired to, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, perform such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building work and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord charge the amount of the increase in such premiumreasonable expense therefor, provided that nothing herein will limit which amount shall be paid by Tenant within thirty (30) days after receipt of Landlord’s invoice therefor;
12.7 Tenant, at its sole cost and expense, shall comply with all laws, enactments and regulations of any other remedy of the Landlord governmental authority relating or any other Tenant provided this Section will not apply applicable to the Tenant’s proposed particular use of the Premises by the or Tenant’s Alterations.
6.11 The 12.8 Tenant shall not assign promptly notify Landlord of any damage or sublet defects in the Premises in whole or in part without notices of violation received by Tenant with respect to the Premises;
12.9 Without the prior written consent of Landlord, not place within the Premises or bring into the Building personalty having a weight in writing excess of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion design capacity of the Building.;
6.12 A change in control of 12.10 Comply with the Tenant shall Building Rules and Regulations, and any reasonable and non-discriminatory amendments, modifications and/or additions thereto as may hereafter be deemed adopted and published by written notice to be an assignment tenants by Landlord for purposes of Section 6.11. This provision howeverthe safety, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11care, the Tenant shall be permitted to sublease a portion security, good order and/or cleanliness of the Premises and/or the Building. Landlord agrees to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent enforce such rules and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement regulations against all tenants in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out Building in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the non-discriminating fashion and Landlord shall not be obligated liable to pay Tenant for any Leasehold Improvement Allowance (defined hereafter) to violation of such rules and regulations by any assignee other tenant or sublessee occupant of the Building, but shall only be obligated use commercially reasonable efforts to make any Leasehold Improvement Allowance enforce such rules and regulations to the Tenant as set out in this Lease.
6.16 To keep extent the Premises free violation thereof by other tenants or occupants interferes with Tenant’s use and occupancy of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.the Premises;
Appears in 2 contracts
Samples: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)
COVENANTS OF TENANT. The Tenant covenants and agrees with the Landlord:
6.1 To pay Rent Lender as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowedfollows:
(a) Tenant shall pay to display Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand form Lender. the consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a sign on the standard building directory signage release and discharge of all liability of Tenant to be provided by the Landlord in a manner for any such payments made to be consistent with a suburban business park;Lender.
(b) the option to install prominent signage on the exterior Tenant shall enter into no material amendment or modification of any of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval provisions of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the TenantLease without Lender’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)prior written consent.
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The (c) Tenant shall not assign subordinate its rights under the Lease to any other mortgage deed of trust, or sublet the Premises in whole or in part security instrument without the prior written consent of Lender.
(d) In the event the Lease is rejected or deemed rejected in writing of the any bankrupt proceeding with respect to Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from exercise it option to treat the Lease as terminated under 11 U.S.C. (S) 365(h), as amended.
(e) Tenant shall not accept any obligation contained in this waiver or release of Tenant’s obligations under the Lease includingby Landlord, or any termination of the lease by Landlord, without limitation, from any covenant to be observed or performed by the Tenant under this LeaseLender’s prior written consent.
6.14 The (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is allowed proceeding to profit on any assignment cure the default with due diligence, or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of is attempting to obtain the Premises, whether consented right to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep enter the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.cure the default
Appears in 2 contracts
Samples: Sublease (Biotech Spinco, Inc.), Sublease (PDL Biopharma, Inc.)
COVENANTS OF TENANT. The Tenant covenants with the LandlordTenant, at Tenant’s sole cost and expense, will:
6.1 To pay Rent as 12.1 Keep the Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only tear excepted.;
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave 12.2 Surrender the Premises in good repair, save as aforesaid.
6.6 If at the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except end of this Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
12.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary toolswindows, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building doors or on the exterior walls of the Premises and pedestal not place any blinds, curtains, drapes or coverings over the exterior windows or on the window surfaces which are visible from the outside of the Building. The foregoing notwithstanding, Landlord hereby consents to Tenant, at its sole cost and expense, and subject to Landlord’s prior written approval which shall not be unreasonably withheld, installing and maintaining its own custom signage adjacent at the entrance to the Premises on each floor on which the Premises is located (not intending to mean the entrance to the Building). In addition, including Landlord agrees to provide, at its sole cost and expense, and subject to all applicable regulations, Tenant’s signage in the Building name set out hereinfirst floor lobby directory, all the style and quality of which shall be consistent with other of such signage within the Building. After the initial installation of the signage in the first floor lobby directory, any changes to such signage made at Tenant’s request shall be at the sole cost of Tenant.
12.4 Be responsible for the maintenance of the Premises (including, but not limited to, any tenant improvements, fixtures, equipment and systems contained therein which exclusively serve the Premises), whether installed by Landlord or by Tenant, and, subject to Section 16.3, for the approval repair and replacement of any part of the City of Burnaby or any governing authorities. The Landlord agrees to name Premises and the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the made necessary by reason of damage thereto caused by Tenant or Tenant’s signage on employees, servants, agents or invitees. In the Buildingevent Tenant shall fail to perform such maintenance, nor the use repairs or replacements within sixty (60) days of the Tenant’s name in the name of the Building date such work becomes necessary, Landlord may, but shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord not be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or required to, perform such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, work and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord charge the amount of the increase expense therefor, with interest accruing and payable thereon, all in such premiumaccordance with Section 20 below;
12.5 Comply with all laws, provided that nothing herein will limit enactments and regulations of any other remedy governmental authority relating or applicable to Tenant’s occupancy of the Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so; provided, however, that the foregoing shall not be interpreted to require Tenant to perform structural or any other Tenant provided this Section will not apply capital work unless required due to the Tenant’s proposed specific use of the Premises as opposed to office use in general;
12.6 Promptly notify Landlord of any damage to or defects in the Premises, any notices of violation received by the Tenant.Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
6.11 The Tenant shall not assign 12.7 Subject to Section 7, pay for any alterations, improvements or sublet additions to the Premises in whole and non-standard Building items installed by or in part without for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
12.8 Without the prior written consent in writing of the Landlord, such consent Landlord (not to be unreasonably withheld, conditioned or arbitrarily withheld delayed), not place within the Premises or delayed where bring into the Tenant wishes to assign Building (i) any machinery, equipment or sublet to other personalty other than customary office furnishings and small office machinery, or (ii) other personalty having a tenant, which covenants to weight in excess of the design capacity of the Building;
12.9 Not use the Premises for only those uses permitted the generation, manufacture, refining, transportation, treatment, storage or disposal of any Hazardous Material or for any purpose which poses a material risk of damage to the environment; in Section 4.1, provided this regard Tenant represents that it does not have a Standard Industrial Classification number as designated in the Tenant, at Standard Industrial Classifications Manual prepared by the time Office of Management and Budget in the Tenant requests the consent Executive Office of the LandlordPresident of the United States that is any of 22-39 inclusive, delivers 46-49 inclusive, 51 or 76 and will not engage in any activity which would subject Tenant to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 et seq.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seq.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seq.), or any other federal, state or local environmental law, regulation or ordinance;
12.10 Comply with all commercially reasonable non-monetary rules and regulations which may hereafter be promulgated by Landlord and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such information rules and regulations, together with all changes and additions thereto, are part of this Lease); Landlord shall notify Tenant in writing (upon the “Required Information”) as promulgation of such rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented Building in a non-discriminating fashion and to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant take reasonable action to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons cause a cessation of any other lease or contract in respect violation of all rules that interfere with Tenant’s use and quiet enjoyment of the Premises. In the event of any occupancy of a portion of conflict between the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease provisions of this Lease and the provisions of any such rules and regulations, the terms and conditions of this Lease shall control;
12.11 Comply with all reasonable recommendations of Landlord’s or a portion Tenant’s insurance carriers relating to layout, use, storage of materials and maintenance of the Premises.
12.12 Maintain, whether consented to repair or not by replace, any supplemental HVAC systems and components located within and exclusively serving the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance Premises at its sole cost and expense.
12.13 Paying for all separately metered utilities when due directly to the Tenant as set out in this Leaseapplicable utility provider.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Sublease (Solid Biosciences Inc.)
COVENANTS OF TENANT. The Tenant covenants with agrees, during the LandlordLease Term or any extension or renewal thereof that it shall:
6.1 To pay Rent (a) Observe and comply with all governmental ordinances, laws and regulations and all such rules and regulations as from time to time may be put in effect by Landlord, or Landlord's designated managing agent, for the general safety, comfort, and when due;
6.2 To pay convenience of Landlord, occupants and tenants of the cost Building, including, without limitation, Building signage and graphics standards, use of electricity, gas designated common areas and other utilities used within Building areas, security measures, and similar matters.
(b) Give Landlord and Landlord's managing agent access to the Leased Premises, at any time during emergencies and at all reasonable times, without charge or diminution of rent, to enable Landlord to examine or exhibit the same and to make such costs inspections, repairs, additions and alterations as Landlord deems necessary or may be required to be paid by the Tenant as and when duemake hereunder.
6.3 Subject (c) Keep the Leased Premises in good order and condition; Tenant shall be responsible for payment of all costs incurred by Landlord in replacing all broken glass with glass of the same quality, save only glass broken by fire and extended coverage risks; and Tenant shall commit no waste on the Leased Premises.
(d) Pay for all replacement electric lamps and ballasts in the Leased Premises.
(e) Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Leased Premises to Section 12.0, to repair Landlord peaceably and quietly in as good order and condition as the Premisessame are in at the commencement of the term or thereafter were put in by Landlord or Tenant, reasonable use and wear expected. Goods and tear, structural repairs, and damage effects not removed by fire, lightning and other casualties against which Tenant at the Landlord is insured, or for which the Landlord is required to be insured under termination of this Lease, only exceptedhowever terminated, shall be considered abandoned, and Landlord may dispose of the same as it deems expedient at Tenant's expense. Tenant shall be responsible for payment of all costs incurred by Landlord for any restoration of the Leased Premises needed by virtue of the removal of Tenant's goods and effects whether removed by Tenant or Landlord.
6.4 Subject to Section 7.7(f) Not assign this Lease or sublet all or any part of the Leased Premises voluntarily, thatinvoluntarily or by operation of law, upon providing not less than 48 hours’ or through change in the ownership of Tenant if Tenant is a corporation or a partnership, without first obtaining Landlord's written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaidconsent thereto.
6.5 That (g) Not place signs on or about the Tenant will leave Leased Premises or the Premises in good repair, save as aforesaidBuilding without first obtaining Landlord's written consent thereto.
6.6 If (h) Not overload, damage or deface the Tenant fails to repair in accordance with Leased Premises or the provisions hereof, the Landlord Building or do any act which may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave void or voidable any insurance on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Leased Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereofBuilding, or which may be render an increased or become a nuisance extra premium payable for insurance.
(i) Not install asbestos or interference with any asbestos containing material within the comfort of any of the occupants of Leased Premises or the Building and not make any alterations or which may in additions to the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Leased Premises without the prior written approval consent of the Landlord and until payment and completion bonds therefore have been approved by Landlord; and all alterations, such approval not to additions or improvements (including carpeting or other floor covering) which may be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided made by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior either of the Building parties hereto upon the Leased Premises, except moveable office furniture and pedestal signage adjacent to equipment, shall at Landlord's election, be the entrance to property of Landlord and shall remain upon and be surrendered with the BuildingLeased Premises, including as a part thereof, at the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do (j) Keep the Leased Premises and the Building free from any mechanics', materialmens', contractors' or permit anything to be done whereby any policy of insurance on the said Building other liens arising from, or any part thereof placed Claims for damages growing out of, any work performed, materials furnished or obligations incurred by the or on behalf of Tenant. Tenant shall indemnify and hold harmless Landlord from and against any such lien, or any other Tenant in the Building may become void claim or voidable or whereby the premium thereon may be increasedaction thereon, and if the Tenant is reimburse Landlord promptly upon demand therefore by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in breach hereof and as a result of such breach any premium of connection with any such policy is increasedlien, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord claim or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenantaction.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, (k) Maintain at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris its expense at all times during the Term (i) a policy or policies of public liability insurance with respect to the Leased Premises and the business of Tenant, with limits of not less than $1,000,000 combined single limit; and (ii) a policy or policies of all risk insurance insuring Tenant's leasehold improvements, trade fixtures and other personal property for the full insurable value thereof. All such insurance policies shall provide for at least thirty (30) days prior written notice to provide proper Landlord before cancellation or amendment, name Landlord as an additional insured thereon, filed with Landlord prior to Tenant's occupancy of the Leased Premises and sufficient receptacles for wasteat all times thereafter during the Term.
Appears in 1 contract
Samples: Lease Agreement (Wareforce Com Inc)
COVENANTS OF TENANT. The Tenant covenants with the Landlord as a primary obligation (and without the need for any express assignment with all the Landlord:’s successors in title) that:-
6.1 To pay Rent as 4.1 At all times after the completion of the Assignment the Assignee will for the residue of the Term or until such estate and when due;
6.2 To interest is further assigned by the Assignee (other than by an excluded assignment within the meaning of Section 11 of the Landlord and Tenant (Covenants) Xxx 0000 whichever is the shorter period) punctually pay the cost of electricity, gas rents reserved by and observe and perform the covenants on the tenant’s part and the other utilities used within provisions contained in the Premises, such costs to be paid by Lease and if during the Tenant as and when due.
6.3 Subject to Section 12.0, to repair said period the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that Assignee makes any default therein the Tenant will repair according to notice save as aforesaid.
6.5 That pay the Tenant will leave rent and observe or perform those covenants or provisions in respect of which the Premises Assignee is in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises default and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it good to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of demand and indemnify the Landlord render the Building against all losses damages costs and expenses arising or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided incurred by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach the non-payment non-performance or non-observance notwithstanding:
4.1.1 any premium time or indulgence granted by the Landlord to the-Assignee or any neglect or forbearance of the Landlord in enforcing the payment of the rent or the observance or performance of the tenant’s covenants or other provisions contained in the Lease or any such policy is increased, refusal by the Landlord to accept rent tendered by or on behalf of the Assignee at a time when the Landlord was entitled (or would after the service of a notice under Section 146 of the Law of Property Xxx 0000 have been entitled) to re-enter the Premises
4.1.2 that the Assignee may have surrendered part of the Premises in which event the liability of the Tenant hereunder will continue in respect of the part of the Premises not so surrendered after making any necessary apportionments under Section 140 of the Law of Property Xxx 0000
4.2 If at any time during the Term the Assignee (being an individual) becomes bankrupt and the trustee in bankruptcy disclaims the Lease the Tenant will forthwith if the Landlord by notice within three calendar months after the disclaimer so requires take from the Landlord a lease of the Premises for the residue of the Term which would have remained had there been no disclaimer at the rent then being paid under the Lease and subject to the same covenants and terms as in the Lease the new lease to take effect from the date of the disclaimer and in that case the Tenant will pay the reasonable costs of the new lease and execute and deliver to the Landlord the amount a counterpart of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Licence to Assign and Authorised Guarantee Agreement (Bioprogress PLC)
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant’s sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which tear expected;
10.2 Surrender the Landlord is insured, or for which Demised Premises at the Landlord is required to be insured under end of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallswindows, doors or windows exterior walls of the Demised Premises without and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the prior written approval of window surfaces which are visible from the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion outside of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, ; except the Tenant shall be permitted to sublease a portion install its standard signage and logo on Tenant’s entrance door with the approval of the Premises to Electronic Arts Landlord (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant which approval shall not be released unreasonably withheld or delayed), and Tenant shall be listed on the directories on the elevator lobby of Tenant’s floor, the Building lobby and Building exterior in the same manner as other tenants in the Building;
10.4 Be financially responsible for the maintenance of all plumbing and other fixtures in the Demised Premises, whether installed by Landlord or by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (60) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Article 18 below;
10.5 Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant’s occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
10.6 Promptly notify Landlord of any obligation contained damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery or (ii) other personalty having a weight in excess of the design capacity of the Building;
10.9 Not use the Demised Premises for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a substantial risk of damage to the environment; in this Lease including, without limitation, from any covenant to be observed or performed regard Tenant represents that it does not have a Standard Industrial Classification number as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States that is any of 22-39 inclusive, 46-49 inclusive, 51 or 76 and will not engage in any activity which would subject Tenant under to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 et seg.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seg.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seg.), or any other federal, state or local environmental law, regulation or ordinance;
10.10 Comply with all rules and regulations which may hereafter be promulgated by Landlord and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, are part of this Lease.
6.14 The ); Landlord shall notify Tenant is allowed in writing at least fifteen (15) days prior to profit on the promulgation of such rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Building in a non- discriminating fashion and to take reasonable action to cause a cessation of any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease violation of all or a portion rules that interfere with Tenant’s use and quiet enjoyment of the Premises;
10.11 Comply with all reasonable recommendations of Landlord’s or Tenant’s insurance carriers relating to layout, whether consented to or not by use storage of materials and maintenance of the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this LeaseDemised Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with that, at all times during the LandlordLease Term, Tenant will, at Tenant's sole cost, risk and expense:
6.1 To pay Rent as 11.1 Keep the Demised Premises (including the Building and when due;
6.2 To pay the cost mechanical, electrical, plumbing, drainage (storm water and sewage) and HVAC systems serving the Building and/or other portions of electricitythe Demised Premises) in good order, gas condition and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, tear and damage by fireinsured casualty excepted, lightning and Tenant will promptly make all repairs necessary to and maintain such good order, condition and repair, whether such repairs are interior or exterior, structural or nonstructural, foreseen or unforeseen; it being acknowledged and agreed by Tenant that the term "repairs" used in this Section 11.1 and in other provisions of this Lease means and includes restorations, replacements and renewals when necessary, and all materials and equipment used and/or installed in connection with the performance of Tenant's covenant set forth in this Section 11.1 and other casualties against which obligations set forth in this Lease shall be new and at least equal in quality and utility to those items being repaired, replaced or renewed;
11.2 Surrender the Landlord is insured, Demised Premises at the expiration of the Lease Term or for which the Landlord is required to be insured under earlier termination of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep the same during the Lease Term;
11.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary toolswindows, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury doors or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants exterior walls of the Building or upon the Land, except as may be approved by Landlord and, if required under local ordinances, by local governing authorities, and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the window surfaces which may in are visible from the reasonable opinion outside of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval consent of Landlord, which consent shall not be unreasonably withheld;
11.4 Comply with all laws, codes, ordinances, orders, enactments and regulations of any governmental authority relating or applicable to the Demised Premises and/or Tenant's occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
11.5 Promptly notify Landlord of any damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
11.6 Pay when due for any alterations, improvements or additions to, and repairs, maintenance, restorations and replacements of all or any part of the Demised Premises, and allow no mechanic's, materialmen's or other lien to attach to the Demised Premises with respect to any of the foregoing;
11.7 Without the prior written consent of Landlord, such approval not to be unreasonably withheld place within the Demised Premises or delayed. Notwithstanding bring into the foregoing, Building any machinery or other personalty having a weight in excess of the Tenant will be allowed:design capacity of the Building;
(a) Not use the Demised Premises for the generation, use, manufacture, recycling, transportation, treatment, storage, discharge or disposal of any hazardous, toxic or polluting substance or waste (including petroleum products, asbestos containing materials, polychlorinated biphenyl containing materials or equipment, and/or radioactive materials) (collectively, "Hazardous Substances") or for any use which poses a risk of damage to display a sign on the standard building directory signage environment or injury to be provided by the natural persons and will not engage in any activity which could subject Landlord in a manner to be consistent with a suburban business parkany liability under federal, state or local environmental law, regulation, code, enactment, order or ordinance;
(b) Comply with all applicable environmental statutes, rules, regulations, codes, enactments and orders of any federal, state or municipal government in effect at any time during the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination term of this Lease; obtain in its own name any and all environmental permits, registrations, licenses or identification numbers necessary for its operations; and comply with all such permits;
(c) Take no action (or not refuse to take any action) which could result in a lien being imposed on the Tenant shall, upon request Demised Premises by the Landlord forthwithstate or federal government under any environmental statute;
(d) Not install, remove use, manufacture, generate, store, transport, discharge or dispose of any sign installed by Hazardous Substances or storage tanks at, under or beneath the Tenant pursuant to sub-Section 6.9(b)Demised Premises, or permit or suffer any of the foregoing at the Demised Premises, without the prior written consent of Landlord.
6.10 Not (e) Take no action which could require Landlord to do include in the deed to the Land or permit anything the Building a notice of disposal/release of Hazardous Substances at the site.
(f) Tenant hereby indemnifies and saves harmless Landlord from any and all judgments, losses, costs, damages and expenses (including fines, penalties, and reasonable attorneys' fees) resulting from any claim, demand, liability, obligation, right or cause of action, including but not limited to be done whereby any policy of insurance on the said Building governmental action or any part thereof placed by the other third party action (each, a "Claim" and collectively, "Claims") that is asserted against Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and Demised Premises as a result of such Tenant's breach any premium of any such policy is increasedrepresentation, the Tenant will forthwith pay to the Landlord the amount of the increase in such premiumwarranty, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out forth in this Lease; or arising out of the operations or activities or presence of Tenant or any sublessee, agent, or representative of Tenant at the Tenant shall not be released Demised Premises; or arising from any obligation contained in this environmental conditions or violations at the Demised Premises during the Lease Term including, without limitation, the presence of Hazardous Substances at, on, or under the Demised Premises or the discharge or release of hazardous, polluting, or toxic substances from the Demised Premises.
(g) Landlord hereby indemnifies and saves harmless Tenant from any covenant and all Claims (including, without limitation, governmental actions) that are asserted against Tenant or the Demised Premises as a result of the presence of Hazardous Substances at, on, or under the Demised Premises or the release of Hazardous Substances from the Demised Premises arising prior to be observed the Lease Term.
(h) The indemnities, representations, warranties and covenants contained in this Section 11.8 shall survive the expiration or performed by the Tenant under earlier termination of this Lease.
6.14 The 11.9 Comply with the rules and regulations referenced in Section 12 below and with all reasonable changes and additions thereto upon notice by Landlord to Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease (such rules and regulations, together with all changes and additions thereto, are deemed a part of this Lease Lease); and
11.10 Comply with all reasonable recommendations of all Landlord's or a portion Tenant's insurance carriers relating to layout, use, storage and/or disposal of materials and maintenance, repair, replacement and/or restoration of the Demised Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Electronics Boutique Holdings Corp)
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and agrees that the Tenant it will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct ------------------- do none of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises following without the prior written approval consent in writing of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:.
(a) Place or allow to display a sign be placed upon the demised premises or on the standard inside or outside of the building directory signage of which the demised premises are a part any sign, projection or device. In case of the breach of this covenant (in addition to all other remedies given to Landlord hereunder) Landlord shall have the right of removing such sign, projection or device and restoring the premises to their former condition and Tenant shall be provided liable to Landlord for any and all expenses including costs and reasonable attorney's fees so incurred by Landlord which at the option of Landlord may be recovered in a the same manner to be consistent with a suburban business park;as rent.
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent Make any alterations, improvements, or additions to the entrance to demised premises. All alterations, improvements, additions or fixtures whether installed before or after the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination execution of this Lease (or such earlier date as lease, shall remain upon the Tenant so notifies the Landlord in writing). At premises at the expiration or sooner termination of this Leaselease and become the property of Landlord, unless Landlord shall, prior to the termination of this lease, have given written notice to Tenant to remove the same, in which event Tenant shall remove such alterations, improvements and additions or fixtures, and restore the premises to the same good order and condition in which they were upon initial occupancy. Should Tenant fail to do so, Landlord may do so collecting, at Landlord's option, the complete cost, expense and reasonable attorney's fees thereof from Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)as additional rent.
6.10 Not (c) Use, operate or maintain any machinery, equipment or fixture other than office equipment that, in Landlord's opinion, is reasonably harmful to do the building and appurtenances of which the demised premises is a part or permit anything is reasonably disturbing to the other tenants occupying any other part thereof.
(d) Place any weights in any portion of the demised premises beyond the safe carrying capacity of the building of which the demised premises is a part.
(e) Do, cause or suffer to be done done, any act, matter or thing objectionable to the fire insurance companies whereby the fire insurance or any policy of other insurance now in force or hereafter to be placed on the said Building demised premises, or any part thereof placed by thereof, or on the Landlord or any other Tenant in building of which the Building demised premises may be a part, shall become void or voidable suspended, or whereby the premium thereon same shall be rated as a more hazardous risk than at the date of execution of this lease. In case of a breach of this covenant (in addition to all other remedies herein given to Landlord) Tenant agrees to pay to landlord as additional rent any and all increase or increases of premiums on insurance reasonably carried by Landlord on the demised premises, or on the building and appurtenant land of which the demised premises may be increaseda part, and if the Tenant is caused in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises way by the occupancy of Tenant.
6.11 The (f) Tenant shall not assign or sublet agrees to conduct its business in the Premises premises during normal business hours. Tenant agrees to comply with all reasonable rules and regulations of Landlord in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, effect at the time the Tenant requests the consent of the execution of this lease or at any time or times, and from time to time, promulgated by Landlord, delivers to which Landlord in its sole discretion shall deem necessary in connection with the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:demised premises.
(ag) Tenant agrees for itself and its employees to park their cars only in any manner release those portions of the Tenant from any covenant to parking area as may be observed or performed designated for that purpose by it, andLandlord.
(bh) be made Remove, attempt to any person, firm, partnership remove or corporation carrying on any business which the Landlord is obliged manifest an intention to restrict by reasons of any other lease remove Tenant's goods or contract in respect of any occupancy of a portion property from or out of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control demised premises otherwise than in the Tenant while ordinary and usual course of business, without having first paid and satisfied Landlord for all rent, costs and attorney's fees which may become due during the Tenant is a public company.
6.13 Notwithstanding Section 6.11entire term of this lease, the Tenant shall be permitted in addition to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant all sums denominated as additional rent under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Leaselease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The (a) Tenant covenants with shall not enter into any assignment or sublease of the Leased Property without the written consent of Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will consent shall not be liable to the Tenant for any inconvenienceunreasonably withheld, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld conditioned or delayed. Notwithstanding the foregoing, Tenant may, without Landlord's consent, assign this Lease and sublet portions of the Leased Property to any of Tenant's Affiliates and Tenant will be allowed:
(a) to display a sign on may assign this Lease in connection with the standard building directory signage to be provided by sale of substantially all of Tenant's assets or the Landlord in a manner to be consistent with a suburban business park;assets of Tenant's Affiliates.
(b) Tenant, at Tenant's expense, shall secure, maintain and renew, as necessary, all Government Permits and Approvals required by any Law for Tenant's operations at the option to install prominent signage on Leased Property including the exterior TSD Permit.
(c) Tenant shall, within ten (10) business days, notify Landlord in writing of and provide Landlord all documents related to, any of the following which arise in connection with the Leased Property during the Lease Term and result from operations or activities of Tenant, Tenant's Affiliates or their invitees: any environmental claim, any violation of Law or Release, or any liability or potential liability for response or for corrective action, natural resource damage, or other harm pursuant to CERCLA, RCRA, or any comparable state law.
(d) Tenant shall not increase the capacity of the Container Storage Building and pedestal signage adjacent for processable waste without Landlord's written approval, which will not be unreasonably withheld, conditioned or delayed.
(e) Tenant, at Tenant's expense, shall take all reasonable actions to add itself as co- permittee to the entrance TSD Permit and shall perform all other and further reasonable acts required by any Government Entity from Tenant with respect to said TSD Permit. Tenant may terminate the TSD Permit (in compliance with any applicable Laws) to the Building, including extent that Tenant determines that maintaining the Building name set out herein, all TSD Permit is not in the best interest of which shall its business or its shareholders and subject to Landlord's right and election to maintain the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise TSD Permit after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted set forth in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building13.2 hereof.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent (a) Observe (i) such reasonable and customary rules and regulations as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which time may be or become a nuisance or interference with put in effect by Landlord, provided that Tenant has received reasonable prior notice of the comfort same, for the general safety of any of Landlord and the occupants of the Building and for the integrity and reputation of the Property; and (ii) the restrictions and requirements of CC&RS now or hereafter applicable to the Property or any portion thereof.
(b) Give Landlord access to the Premises at all reasonable times, and upon reasonable prior notice (but not less than one (1) business day, except in case of emergency) from Landlord, without change or diminution of rent so long as Landlord complies with the terms of this Lease, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord is entitled or required to make under the terms of this Lease, and to exhibit the Premises to prospective purchaser of the Property or lenders thereon; and during the one hundred twenty (120) days prior to the expiration of the term, to exhibit the Premises to prospective tenants. Landlord may place upon the Building any "For Sale" and "For Lease" signs. Landlord will schedule such entries with Tenant and will use reasonable efforts to minimize disruption of Tenant's business caused by such entry and Landlord will comply with Tenant's reasonable security procedures in connection with such entry. Tenant will have the right to be present whenever Landlord comes on the Premises under this paragraph.
(c) Upon the expiration or earlier termination of this Lease in any manner whatsoever, excepting only termination because of Tenant's default under this Lease (unless Landlord elects the contrary in writing), remove Tenant's furniture, fixtures and equipment, generators, computers, telephones and switches, and telecommunications equipment (to the extent the same was installed by Tenant) and Tenant's other goods, inventory and effects and those of any other person claiming under Tenant, and quit and deliver the Premises and the Property to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof, and repairs which are Landlord's obligation, excepted. Furniture, fixtures, equipment, and all other property not removed by Tenant at the termination of this Lease shall be considered abandoned, and Landlord may dispose of the same as it deems expedient.
(d) Not place signs on or about the Premises or the Property without first obtaining Landlord's written consent thereto, which consent will not be unreasonably withheld or delayed. All signs must comply with applicable laws, ordinances, and regulations, all CC&RS and Landlord's reasonable sign criteria. Tenant shall have "major tenant" status for signage purposes under the Southbank Comprehensive Sign Program dated June 30, 1988, and if authorization of the governing body under the Southbank Comprehensive Sign Program is required, Landlord will make every reasonable effort to obtain such authorization for Tenant, such that Tenant will have three exterior signs on the building facing each of the three major roadways, which are University Drive, Ellwood Street, and Interstate 10. Landlord agrees that placement of these three signs is acceptable under Landlord's sign criteria EXHIBIT D sets forth "major tenant" criteria and associated signage rights.
(e) Not overload, damage or deface the Premises or do any act which may make void or voidable any insurance on the Premises or the Building, or which may in the reasonable opinion of the Landlord render the Building an increased or any part thereof less desirable or injure the reputation thereof as a first-class office buildingextra premium payable for insurance.
6.9 (f) Not make any alterations or additions to exhibit signs the Property the cost of any nature on exterior walls, doors or windows of the Premises which would exceed $10,000.00 without obtaining the prior written approval of the Landlord, such approval which shall not to be unreasonably withheld or delayed. All alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by Landlord upon the Property, except movable office furniture, equipment and generators, computers, telephone and telecommunication systems, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the termination of this Lease.
(g) Keep the Premises and the Property free from any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Provided, however, that Tenant shall have the right to contest any such lien, in which event such lien shall not be considered a default under this Lease until the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shall indemnify, defend, and hold harmless Landlord for, from and against any such lien, or claim or action thereon, reimburse Landlord within ten (10) business days after demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and, upon written request of Landlord, provide Landlord with a bond in an amount and under circumstances necessary to obtain a release of the Premises or the Property from such lien. Notwithstanding the foregoing, the Tenant will be allowed:have no responsibility for the liens of contractors or others hired exclusively by and for Landlord.
(ah) to display a sign on the standard building directory signage to be provided Indemnify, defend and hold Landlord harmless for, from and against all claims, obligations, liabilities, costs, expenses and reasonable attorneys' fees and court costs which Landlord may suffer or incur by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior reason of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination 's breach of this Lease, the Tenant shall, upon request or by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount reason of the increase in such premiumnegligence or willful misconduct of Tenant or its employees, provided that nothing herein will limit any other remedy of the Landlord agents, invitees or any other Tenant provided this Section will not apply to the Tenant’s proposed use of licensees on or about the Premises by or the Tenant.
6.11 The Property. Tenant shall not assign or sublet the Premises comply with all applicable laws, regulations, ordinances and other legal requirements in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to connection with its use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any and occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Earthlink Inc)
COVENANTS OF TENANT. The Tenant covenants agrees that it shall: A. Observe such reasonable rules and regulations as from time to time may be put in effect by Lessor for the general safety, comfort and convenience of Lessor, occupants and tenants of said Building.
B. Give Lessor access to the Demised Premises at all reasonable times, without change or diminution of rent, to enable Lessor to examine the same and to make such repairs, additions and alterations as Lessor may deem advisable so long as said access does not substantially disrupt tenant's business operation, and during the ninety (90) days prior to the expiration of the term, to exhibit the premises to prospective tenants and to place upon the door or in the windows of the Demised Premises any usual or ordinary "For Lease" signs.
C. Keep the Demised Premises in good order and condition and replace all glass broken by Tenant with glass of the Landlord:same quality as that broken, save only glass broken by fire and extended coverage risks, and commit no waste on the Demised Premises. D. Pay for all electric lamps, starters and ballasts used in the Demised Premises.
6.1 To pay Rent E. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Demised Premises to Lessor peaceably and quietly in as good order and when due;
6.2 To pay condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof and repairs which are Lessor's obligation excepted. Goods and effects not removed by Tenant at the termination of the Lease, however terminated, shall be stored in the name, account and cost of electricitytenant.
F. Except for an assignment or subletting to an affiliate or a wholly owned subsidiary of Tenant, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under may not assign this Lease, only excepted.
6.4 Subject or sublet all or any part of said Demised Premises, without the Lessor's prior written consent, which consent shall not be unreasonably withheld. The Lessor reserves the right, should the Tenant request such assignment or subletting, to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entryrelease the Tenant from the terms and provisions of this Lease and the Lessor shall have (30) days to make such determination. Should the Lessor exercise this right, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions Lease shall terminate. Until termination hereof, the Tenant will, however, still remain liable for the performance of all the terms and conditions hereof. G. Do not place signs on or about the demised premises without first obtaining Lessor's written consent thereto. Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave shall permit a sign on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct front of the Landlord building and shall permit a temporary sign to be erected in front of the building. H. Not overload, damage or those for whom deface the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant Demised Premises or do any act which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken may make void or damaged plate glass voidable any insurance on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Demised Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereofbuilding, or which may be render an increased or become a nuisance extra premium payable for insurance. I. Tenant may install its own lock and shall provide Lessor with (2) keys. J. Not make any alterations or interference with additions to the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Demised Premises without obtaining the prior written approval of the LandlordLessor thereto, such approval not and all alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by either of the parties hereto upon the Demised Premises, except movable office furniture and equipment, shall be the property of Lessor, and shall remain upon and be surrendered with the Demised Premises, as a part thereof, at the termination of the Lease. All fixtures and equipment installed by Lessee may be removed by the Lessee including special connections for plumbing and electrical work.
K. Cause to be unreasonably withheld or delayed. Notwithstanding performed by a competent service company, preventative maintenance of all HVAC units and warehouse unit heaters serving the foregoingDemised Premises, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided as recommended by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authoritiesequipment manufacturer. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of 's obligations under this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not paragraph number 9 to do or permit anything not to be done whereby any policy of insurance on the said Building do a specified act shall extend to and include Tenant's obligations to see to it that Tenant's employees, agents and invitees shall do or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlorddo such acts, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord case may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Buildingbe.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant’s sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which tear expected;
10.2 Surrender the Landlord is insured, or for which Demised Premises at the Landlord is required to be insured under end of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallswindows, doors or windows exterior walls of the Demised Premises without and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the prior written approval of window surfaces which are visible from the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion outside of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, ; except the Tenant shall be permitted to sublease a portion install its standard signage and logo on Tenant’s entrance door with the approval of the Premises to Electronic Arts Landlord (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant which approval shall not be released unreasonably withheld or delayed), and Tenant shall be listed on the directories on the elevator lobby of Tenant’s floor, the Building lobby and Building exterior in the same manner as other tenants in the Building;
10.4 Be financially responsible for the maintenance of all plumbing and other fixtures in the Demised Premises, whether installed by Landlord or by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (60) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Article 18 below;
10.5 Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant’s occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
10.6 Promptly notify Landlord of any obligation contained damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery or (ii) other personalty having a weight in excess of the design capacity of the Building;
10.9 Not use the Demised Premises for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a substantial risk of damage to the environment; in this Lease including, without limitation, from any covenant to be observed or performed regard Tenant represents that it does not have a Standard Industrial Classification number as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States that is any of 22-39 inclusive, 46-49 inclusive, 51 or 76 and will not engage in any activity which would subject Tenant under to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 et seg.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seg.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seg.), or any other federal, state or local environmental law, regulation or ordinance;
10.10 Comply with all rules and regulations which may hereafter be promulgated by Landlord and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, are part of this Lease.
6.14 The ); Landlord shall notify Tenant is allowed in writing at least fifteen (15) days prior to profit on the promulgation of such rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Building in a non-discriminating fashion and to take reasonable action to cause a cessation of any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease violation of all or a portion rules that interfere with Tenant’s use and quiet enjoyment of the Premises;
10.11 Comply with all reasonable recommendations of Landlord’s or Tenant’s insurance carriers relating to layout, whether consented to or not by use storage of materials and maintenance of the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this LeaseDemised Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent A. Observe such rules and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and when due;convenience of Landlord, occupants and tenants of the Building.
6.2 To pay B. Give Landlord access to the cost Premises at all reasonable times, without change or diminution of electricityrent, gas to enable Landlord to examine the same and other utilities used to make such repairs, additions and alterations as Landlord may deem advisable, and during the ninety (90) days prior to the expiration of the Term, to exhibit the Premises to prospective tenants and to place within the Premises, such costs to be paid by the Tenant as and when dueProject any usual or ordinary 'For Lease" signs.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave C. Keep the Premises in good repairorder and condition and replace all broken glass with glass of the same quality as that broken, save as aforesaidonly glass broken by fire or other casualty covered by standard all risk insurance, and commit no waste on the Premises.
6.6 If D. Pay for all electric lamps, starters and ballasts used in the Premises.
E. Upon the termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant fails to repair in accordance at the termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient.
F. The Tenant may not assign this Lease or sublet all or any part of the Premises voluntarily, involuntarily or by operation of law, without first obtaining Landlord's written consent thereto. Landlord's consent will not be unreasonably withheld provided that (i) the occupancy of any such assignee or sublessee is not inconsistent with the provisions hereofcharacter of the Building; (ii) such assignee or sublessee shall assume in writing the performance of the covenants and obligations of Tenant hereunder; (iii) a fully executed copy of any such assignment or sublease shall be immediately delivered to Landlord but the making of such assignment or sublease shall not be deemed to release Tenant from the payment and performance of any of its obligations under this Lease; (iv) Tenant shall promptly disclose and pay to Landlord as additional rent hereunder any rent or other payments pursuant to any sublease which exceeds the amounts payable hereunder and any other consideration paid, or to be paid, by reason of the assignment or sublease; and(v) such assignment or subletting is approved by any mortgagee holding a mortgage covering the Premises which reserves such right unto the mortgagee. Notwithstanding the foregoing, if Tenant wishes to assign this Lease or sublet all or any part of the Premises to a named third party, Tenant shall first offer, in writing, to assign or sublet (as the case may be) to Landlord may on 10 the same terms and conditions and for the same Base Rent and additional rent as provided in this Lease. Any such offer by Tenant shall be deemed to have been rejected by Landlord unless within ten days prior from receipt thereof, Landlord delivers to Tenant written notice except in the case of an emergency enter acceptance of Tenant's offer.
G. Not place signs on or about the Premises and without first obtaining Landlord's written consent thereto.
H. Not overload, damage or deface the Premises or do any act which may make the required repairs and, for that purpose, the Landlord may bring and leave void or voidable any insurance on the Premises all necessary tools, material and equipment and or the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereofBuilding, or which may be render an increased or become a nuisance extra premium payable for any insurance deemed necessary or interference with the comfort of advisable by Landlord.
I. Not place any additional locks on any of Tenant's doors without the occupants written consent of the Building Landlord. The Landlord shall have the right to keep pass keys to the Premises, however, Landlord shall provide 24 hours prior notice to enter the premises except for emergencies or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office buildingfor routine maintenance provided during regular business hours.
6.9 J. Not make any alterations or additions to exhibit signs of any nature on exterior walls, doors or windows of the Premises which exceed $10,000.00 without obtaining the prior written approval of the Landlord thereto, and all alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by either of the parties hereto upon the Premises, except movable office furniture and equipment, shall be the property of Landlord, such approval not to and shall remain upon and be unreasonably withheld or delayed. Notwithstanding surrendered with the foregoingPremises, as a part thereof, at the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease.
K. Keep the Premises and the Project free from any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Provided, however, that Tenant shall have the right to contest any such lien, in which event such lien shall not be considered a default under this Lease until the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shall indemnify and hold harmless Landlord from and against any such lien, or claim or action thereon, reimburse Landlord promptly upon demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and, upon written request of Landlord, provide Landlord with a bond in an amount and under circumstances necessary to obtain a release of the Premises or the Project from such lien.
L. Cause to be performed by a competent service company, preventative maintenance of all HVAC units and warehouse unit heaters serving the Premises, as recommended by the equipment manufacturer.
M. Not carry any stock of goods or do anything in or about said Premises which will increase insurance rates on said Premises or the Building in which the same are located without the Landlord's written consent. If Landlord shall consent to such use, Tenant agrees to pay as additional rental any increase in premiums for insurance resulting from the business carried on in the Premises by Tenant. Tenant shall, upon request by at its own expense, comply with the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)requirements of insurance underwriters and insurance rating bureaus and governmental authorities having jurisdiction.
6.10 Not to do or permit anything to be done whereby any N. Maintain in full force and effect during the term hereof, a policy of public liability insurance on the said Building or any part thereof placed by the under which Landlord or any other and Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result are named insured. The minimum limits of liability of such breach any premium insurance shall be $1,000,000.00 combined single limit as to bodily injury and property damage. Tenant agrees to deliver a certificate of any insurance evidencing such coverage to Landlord. Such policy is increased, the Tenant will forthwith pay shall contain a provision requiring thirty (30) days written notice to the Landlord the amount before cancellation of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenantpolicy can be effected.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises (at Tenant's sole cost and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:expense): -------------------
(a) pay to display Landlord all amounts due as Basic Rent and Additional Rent; and pay to Landlord: (i) the Late Charge on all overdue installments of Basic Rent and on all overdue payments of Additional Rent or other sums payable to Landlord under this Lease that are ten (10) days past due. Tenant acknowledges and agrees that the purpose of the Late Charge is to compensate Landlord for its costs in collecting the same and is a sign liquidated amount; and (ii) in addition to the Late Charge, interest, at the Overdue Interest Rate on all overdue installments of Basic Rent from five (5) days following the standard building directory signage due date thereof to be provided by and including the date of payment and on all payments of Additional Rent or other sums payable to Landlord in a manner hereunder from five (5) days following the date of demand therefor to be consistent with a suburban business parkand including the date of payment;
(b) keep the option to install prominent signage on Premises in good order and repair, reasonable wear and tear and damage by casualty excepted;
(c) surrender the exterior of Premises at the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination end of this Lease in the same condition in which Tenant has agreed to keep it during the Term hereof;
(or such earlier date as d) be responsible for the Tenant so notifies maintenance of all plumbing and other fixtures in and serving only the Landlord in writing). At the expiration or sooner termination of this LeasePremises, the Tenant shall, upon request by the Landlord forthwith, remove any sign whether installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant by Tenant;
(e) be responsible (except to the extent provided in Section 13, below) for repairs and replacements to the Premises and the Building may become void made necessary by reason of damage thereto caused by Tenant or voidable its agents, servants, invitees or whereby the premium thereon may be increased, employees;
(f) comply with all laws and if the Tenant is in breach hereof all enactments and as a result of such breach any premium regulations of any such policy is increased, the Tenant will forthwith pay governmental authority relating or applicable to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any 's particular occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented and hold Landlord harmless from all consequences for failure to do so;
(g) promptly notify Landlord of any damage to or not defects in the Premises, and of any injuries to persons or property which occur therein;
(h) pay for any alterations, improvements or additions made by Tenant to the LandlordPremises and any light bulbs, tubes and other non-standard Building items made by or for Tenant, and allow no lien to attach to the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) Building with respect to any assignee or sublessee but shall only of the foregoing;
(i) comply with the rules and regulations set forth in Exhibit C hereto and with all reasonable changes in and additions to them, notice of which is given by Landlord to Tenant (such rules and regulations are and all such changes and additions will be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in part of this Lease); and
(j) comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use and maintenance of the Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Itxc Corp)
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant's sole cost and expense):
10.1. Keep the Landlord:
6.1 To pay Rent as Demised Premises and when due;
6.2 To pay the cost of electricityfixtures and appurtenances therein, gas whether installed by Landlord or by Tenant, in good order and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesat all times, reasonable wear and teartear excepted. Such obligation shall include, structural repairswithout limitation, all plumbing, heating, ventilating, air conditioning, mechanical and damage by fire, lightning and other casualties against which electrical systems serving the Landlord is insured, or for which Demised Premises from the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and point that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable such systems connect to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at lawbase building systems, and the expense replacement of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayedall light bulbs and tubes. Notwithstanding the foregoing, Landlord may, but shall not be required to, perform all or any portion of Tenant's repair obligations as set forth above on Tenant's behalf. In such event, following the performance of such repairs by Landlord, Landlord shall charge Tenant will the amount of the expense therefor. Tenant shall pay such amount to Landlord within ten (10) days following delivery to Tenant of Landlord's invoice therefor. In the event Landlord does not elect to perform all or any portion of Tenant's repair obligations as set forth above and Tenant fails to make such repairs within fifteen (15) days of the date such work becomes necessary, Landlord may, but shall not be allowed:required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Article 19 below;
10.2. Be financially responsible for electric charges as set forth above in Article 4 and Section 9.1;
10.3. Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant's occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land, the Building or the Park, and indemnify, defend and hold Landlord harmless from all consequences from Tenant's failure to do so;
10.4. Promptly notify Landlord of any damage to or defects in the Demised Premises, any notices of violation received by Tenant and any injury to person or property which occur therein or claims relating thereto;
10.5. Subject to Article 8 pay for any alterations, improvements or additions to the Demised Premises, and allow no lien to attach to the Building with respect to any of the foregoing;
10.6. Not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery or (ii) any machinery or other personalty having a weight in excess of the design capacity of the Building;
(a) Not use the Demised Premises, the Building or the Park for the generation, use, manufacture, recycling, transportation, treatment, storage, handling, discharge or disposal of any hazardous, toxic or polluting substance or waste (including petroleum or radioactive materials) ("Hazardous Substances"); provided, however, that the foregoing shall not be deemed or construed to display prohibit Tenant's possession or use of products containing Hazardous Substances so long as such products are commonly found in an office environment and are handled, stored, used and disposed of in compliance with all applicable laws, rules, regulations and ordinances. Furthermore, Tenant will not engage in any activity at the Demised Premises, the Building or the Park which poses a sign on risk of damage to the standard building directory signage environment or which would subject Tenant, Landlord, the Demised Premises, the Building or the Park to responsibility or liability under any federal, state or local environmental law, rule, regulation or ordinance, including without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C.A. Section 9601 et seq.) ("CERCLA"), the Federal Water Pollution Control Act (33 U.S.C.A. Section 1151 et seq.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seq.) and the regulations promulgated thereunder and as each may be provided by amended from time to time during the Landlord in a manner to be consistent with a suburban business park;Lease Term.
(b) Tenant will not undertake any action or omit to take any action or permit any other person to undertake any action on or at the option to install prominent signage Demised Premises which could result in a lien being imposed on the exterior of the Building and pedestal signage adjacent to the entrance to the BuildingDemised Premises, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry the Park by the state or sooner termination of this Lease federal government under any environmental law, rule, regulation or ordinance.
(c) Tenant will not undertake or such earlier date as omit to take any action or permit any other person to undertake any action which could require Landlord to include in the Tenant so notifies deed to the Landlord in writing). At the expiration or sooner termination of this LeaseDemised Premises, the Tenant shall, upon request by Building or the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)Park a notice of disposal/release of Hazardous Substances.
6.10 Not (d) Tenant will provide to do Landlord oral notice followed by written notice within five (5) business days of all notices received from or permit anything made to be done whereby any policy government agency that are served upon or given by Tenant with respect to any Release (as defined in CERCLA) or threatened Release of insurance Hazardous Substances or which claim a violation of any environmental law, rule, regulation, ordinance or order of any federal state or local government or which call attention to the need for an investigation, remediation, response action, repairs, construction, alterations or installations on or in connection with the said Demised Premises, the Building or the Park.
(e) Tenant does hereby agree to indemnify, defend and save harmless Landlord from any part thereof placed and all losses, costs, damages and expenses, (including fines, penalties, and attorneys' fees) resulting from any claim, demand, liability, obligation, right or cause of action, including but not limited to governmental action or other third party action, (collectively, "Claims"), that is asserted against or incurred by Landlord, the Landlord or any other Tenant in Demised Premises, the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and Park as a result of such Tenant's breach any premium of any such policy is increasedrepresentation, warranty, or covenant hereof; or arising out of the operations or activities or presence of Tenant or any assignee, sublessee, agent, or representative of Tenant at the Demised Premises, the Tenant will forthwith pay to Building or the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord Park; or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign arising from environmental conditions or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, violations at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Demised Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, the presence of Hazardous Substances at, on, or under the Demised Premises or the discharge or release of Hazardous Substances from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Demised Premises, whether consented to or not by the Landlordprovided, the Landlord however, that Tenant shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee indemnify Landlord under this paragraph if Tenant demonstrates that the Claim was based on events or sublessee but shall only be obligated to make any Leasehold Improvement Allowance conditions which occurred prior to the date of this Lease. Tenant agrees to respond on Landlord's behalf to such Claims or, at Landlord's election, to pay the costs of Landlord's response.
(f) Landlord does hereby agree to indemnify and save harmless Tenant from all claims that are asserted against Tenant or the Demised Premises as a result of the presence of Hazardous Substances at the Demised Premises if Tenant demonstrates that such claim was based on events or conditions which occurred prior to the date of this Lease. The indemnities contained herein and the environmental representations, warranties and covenants of Landlord and Tenant shall survive termination of this Lease.
10.8. Comply with the rules and regulations set out forth in Exhibit "E" hereto and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, being part of this Lease); and
10.9. Comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use, storage of materials and maintenance of the Demised Premises.
(a) Keep the Demised Premises in a clean, neat and sanitary condition. Notwithstanding anything contained in this LeaseLease to the contrary, Landlord shall have no obligation to provide any cleaning or janitorial services to the Demised Premises. All such services shall be the responsibility solely of Tenant. Tenant shall deposit all trash and debris from the Demised Premises, according to the regulations set forth in Schedule 1 hereto, in the dumpster located closest to the Demised Premises; provided, however, that at no time shall Tenant place any Hazardous Substances or anything other than normal everyday office trash in such dumpster. Such Hazardous Substances and non- everyday office trash shall be disposed of by Tenant at its sole cost and expense, in accordance with all applicable laws, rules, regulations and ordinances.
6.16 To keep the Premises free of rubbish (b) Any and debris at all times and contractors engaged by Tenant to provide proper janitorial and/or trash disposal services for the Demised Premises shall be approved in advance by Landlord in writing and sufficient receptacles shall comply with and be subject to such conditions, rules and requirements as Landlord may reasonably impose from time to time. Such conditions shall include, without limitation, that Tenant (i) maintain or cause such contractors to maintain appropriate insurance coverage, as outlined in Schedule 1, including, without limitation, workmen's compensation insurance (statutory limits), employer's liability insurance with limits of not less than $1,000,000 per accident, automobile liability insurance with limits of not less than $1,000,000 per occurrence, and commercial general liability insurance (including a contractual liability and fire legal liability insurance endorsement) against claims for wastebodily injury, death or property damage in amounts not less than $2,000,000.00, and (ii) cause each such contractors to agree in writing to indemnify and save Landlord, its representatives and Landlord's managing agent, if any, harmless from and against all claims, demands, expenses, losses, suits and damages as may be occasioned by reason of the negligence or otherwise tortious act of such contractor or anyone on, in or about the Park, the Land or the Building on behalf of or at the invitation of such contractor. All such insurance shall name as an additional insured Landlord and Landlord's managing agent, if any, (other than workmen's compensation insurance) and shall be issued by companies having a Best's financial rating of A or better and a size class rating of XII (12) or larger or otherwise acceptable to Landlord. Landlord may from time to time increase the required limits for any such insurance.
Appears in 1 contract
Samples: Lease Agreement
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises (at Tenant's sole cost and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:expense):
(a) pay to display Landlord all amounts due as Basic Rent and Additional Rent; and pay to Landlord: (i) the Late Charge on all overdue installments of Basic Rent and on all overdue payments of Additional Rent or other sums payable to Landlord under this Lease. Tenant acknowledges and agrees that the purpose of the Late Charge is to compensate Landlord for its costs in collecting the same and is a sign liquidated amount; and (ii) in addition to the Late Charge, interest, at the Overdue Interest Rate on all overdue installments of Basic Rent from five (5) days following the standard building directory signage due date thereof to be provided by and including the date of payment and on all payments of Additional Rent or other sums payable to Landlord in a manner hereunder from five (5) days following the date of demand therefor to be consistent with a suburban business parkand including the date of payment;
(b) keep the option to install prominent signage on Premises in good order and repair, reasonable wear and tear excepted;
(c) surrender the exterior of Premises at the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination end of this Lease in the same condition in which Tenant has agreed to keep it during the Term hereof;
(or such earlier date as d) be responsible for the Tenant so notifies maintenance of all plumbing and other fixtures in and serving only the Landlord in writing). At the expiration or sooner termination of this LeasePremises, the Tenant shall, upon request by the Landlord forthwith, remove any sign whether installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant by Tenant;
(e) be responsible (except to the extent provided in Section 13, below) for repairs and replacements to the Premises and the Building may become void made necessary by reason of damage thereto caused by Tenant or voidable its agents, servants, invitees or whereby the premium thereon may be increased, employees;
(f) comply with all laws and if the Tenant is in breach hereof all enactments and as a result of such breach any premium regulations of any such policy is increased, the Tenant will forthwith pay governmental authority relating or applicable to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any 's occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented and hold Landlord harmless from all consequences for failure to do so;
(g) promptly notify Landlord of any damage to or not defects in the Premises, and of any injuries to persons or property which occur therein;
(h) pay for any alterations, improvements or additions to the Premises and any light bulbs, tubes and other non-standard Building items made by or for Tenant, and allow no lien to attach to the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) Building with respect to any assignee or sublessee but shall only of the foregoing;
(i) comply with the rules and regulations set forth in Exhibit C hereto and with all reasonable changes in and additions to them, notice of which is given by Landlord to Tenant (such rules and regulations are and all such changes and additions will be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in part of this Lease); and
(j) comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use and maintenance of the Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises (at Tenant's sole cost and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:expense):
(a) pay to display Landlord all amounts due as base rent and additional rent; and pay to Landlord: (i) a sign "late charge" on all overdue installments of base rent and on all overdue payments of additional rent or other sums payable to Landlord hereunder, such "late charge" to compensate Landlord for its costs in collecting the standard building directory signage same and to be provided by in an agreed upon, liquidated amount equal to five percent (5%) of the Landlord installment or payment so overdue; and (ii) in a manner addition to the foregoing described "late charge", interest, at the "overdue interest rate" of twelve percent (12%). Late charges will be consistent with a suburban business parkassessed after the fifteenth of the month;
(b) keep the option to install prominent signage on Leased Space in good order and repair, reasonable wear and tear excepted;
(c) surrender the exterior of Leased Space at the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination end of this Lease in the same condition in which Tenant has agreed to keep it during the term hereof;
(d) be responsible for the maintenance of all plumbing and other fixtures in the Leased Space, whether installed by Landlord or by Tenant, except for Building lavatories which will be maintained by Landlord subject to paragraph 8(e) hereof. Lessor shall be responsible for ordinary wear and tear of all plumbing fixtures, kitchen appliances, and other fixtures in the balance of the Leased Space that are owned
(e) be responsible (except to the extent provided in paragraph 10 hereof) for repairs and replacements to the Leased Space and in the Building (including Building lavatories) made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees;
(f) comply with all laws and all enactment's and regulations of any governmental authority relating or applicable to Tenant's occupancy of the Leased Space, and hold Landlord harmless form all consequences for failure to do so;
(g) promptly notify Landlord of any damage to or defects in the Leased Space, and of any injuries to persons or property which occur therein;
(h) pay for any alterations, improvements or additions to the Leased space and any light bulbs, tubes and other non-standard Building items, other than those referred to in paragraph 3 hereof, made by or for Tenant, and allow a lien to attach to the Building with respect to any of the foregoing;
(i) comply with the rules and regulations set forth in Exhibit D hereto and with all reasonable changes in and additions to such earlier date as the Tenant so notifies the rules and regulations (notice of which is given by Landlord in writingto Tenant). At the expiration or sooner termination ; such rules and regulations are and all such changes and additions will be part of this Lease;
(j) comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, use and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount maintenance of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the TenantLeased Space.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Biosonics Inc)
COVENANTS OF TENANT. The Tenant covenants with shall use and occupy the Landlord:
6.1 To pay Rent as Premises and when due;
6.2 To pay the cost of electricityits appurtenances in a careful, gas safe and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave proper manner; shall keep the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair order and in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter a clean and sanitary condition; shall not allow the Premises and make to be used for any purpose or in any way that will increase the required repairs and, for that purpose, the Landlord may rate of insurance thereon; shall neither bring and leave on nor suffer to be brought to or upon the Premises all necessary tools, material and equipment and any substance or force that will increase the Landlord will hazard of fire in or on Premises; shall not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to sublet the Premises or to the Building of which the Premises form a any part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building ; nor assign this Lease or any part thereof less desirable interest therein or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallsthereunder, doors or windows of the Premises without the prior written approval consent of the Landlord, such approval which consent shall not to be unreasonably withheld withheld; shall obey all public laws, ordinances, regulations and orders with reference to the use and occupancy of the Premises to Landlord with all alterations, improvements or delayedadditions made therein by Tenant, broom clean, in the same condition as when first acquired, reasonable wear, tear and depreciation excepted upon expiration thereof; shall make no alterations, additions or improvement to the Premises (except for renovations listed below) without first obtaining the prior written consent of the Landlord; and shall not paint, paper or otherwise redecorate or make alterations to the Premises, or erect any sign on the exterior of the Premises which is not in keeping the exterior decor thereof as approved by Landlord. All alterations, additions or improvements made to the Premises with the consent of Landlord shall become the property of Landlord and shall remain upon and be surrendered with the Premises. Notwithstanding the foregoing, Tenant shall have the Tenant will be allowed:
(a) right to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of assign this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without an affiliate of Tenant with written consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this LeaseLandlord, the Tenant which consent shall not be released from any obligation contained in this Lease includingunreasonably withheld, without limitation, from any covenant provided that Tenant shall provide timely notice thereof to be observed or performed by the Tenant under this LeaseLandlord.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant’s sole cost and expense):
11.1 Keep the Premises in good order and repair, reasonable wear and tear and casualty excepted;
11.2 Surrender the Premises at the end of this Lease in the same condition required hereunder;
11.3 Not place, erect, maintain or display any sign or other marking of any kind whatsoever on the windows, doors or exterior walls of the Premises and not place any blinds, curtains, drapes or coverings over the exterior windows or on the window surfaces which are visible from the outside of the Building except for those items that are reasonably approved by the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost 11.4 Except for those repair and maintenance obligations of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject Landlord pursuant to Section 12.010, to keep repair and maintain the PremisesPremises and all fixtures and equipment thereon and therein (including, but not limited to, all utility and life safety systems, including without limitation, all electrical, plumbing, heating, ventilating, air conditioning and sprinkler systems) in good order, repair and condition, reasonable wear and tear, structural repairs, and damage by fire, lightning and fire or other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, casualty only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, peaceably to yield up the Premises and all alterations and additions thereto in good order, repair and condition, reasonable wear and tear, and damage by fire or other casualty excepted, first removing all good and effects of Tenant. With respect to said heating, air conditioning and ventilating systems, Tenant, at its sole cost and expense, shall maintain so-called maintenance contracts with reputable vendors reasonably approved by Landlord; provided, however, that Landlord shall furnish to Tenant shallall available manufacturer’s warranties relating to said equipment. Notwithstanding anything herein to the contrary, upon request by in the Landlord forthwithevent that the HVAC rooftop units RTU-6, remove any sign installed by 7, 8 and 9 (the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything “HVAC Units”) servicing the Premises need to be done whereby any policy of insurance on replaced during the said Building or any part thereof placed by Lease Term, Landlord shall replace such applicable HVAC Units at Landlord’s sole cost and expense, which expense shall not constitute Additional Rent. In the Landlord or any other Tenant in event the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium repair cost of any one of the HVAC Units shall meet or exceed $5,000.00 in any twelve (12) month period, so long as such policy is increasedrepairs are not resulting from Tenant’s failure to maintain such HVAC Units, Landlord shall be obligated to replace such HVAC Units at Landlord’s sole cost and expense in accordance with the preceding sentence. In the event Tenant will forthwith pay shall fail to perform such maintenance, repairs or replacements within sixty (60) days of the date such work becomes necessary and upon at least thirty (30) days prior written notice from Landlord to Tenant, Landlord may, but shall not be required to, perform such work and charge the amount of the increase reasonable out of pocket expense therefor, all in such premiumaccordance with Section 20 below;
11.5 Comply with all laws, provided that nothing herein will limit enactments and regulations of any other remedy governmental authority relating or applicable to Tenant’s occupancy of the Premises, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
11.6 Promptly notify Landlord of any damage to or defects in the Premises, any other notices of violation received by Tenant provided and of any injuries to persons or property which occur therein or claims relating thereto;
11.7 Subject to Section 7 and the express terms of this Section will not apply Lease, pay for any alterations, improvements or additions to the Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
11.8 Without the prior written consent of Landlord, not place within the Premises or bring into the Building any machinery, equipment or other personalty other than such machinery and equipment associated with Tenant’s proposed use Permitted Uses, customary office furnishings and small office machinery, but in any event, no machinery, equipment or other personalty having a weight in excess of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing design capacity of the LandlordBuilding;
11.9 Except as set forth in this Lease, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a material risk of damage to the environment; in Section 4.1, provided this regard Tenant represents that its Standard Industrial Classification number as designated in the Tenant, at Standard Industrial Classifications Manual prepared by the time Office of Management and Budget in the Tenant requests the consent Executive Office of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion President of the Building.
6.12 A change in control United States that is any of the Tenant shall be deemed to be an assignment for purposes of Section 6.1122-39 inclusive, 46-49 inclusive, 51 or 76 is . This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not engage in any activity which would subject Tenant to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 et seq.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seq.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seq.), or any other federal, state or local environmental law, regulation or ordinance;
11.10 Comply with all non-monetary rules and regulations which may hereafter be released from any obligation contained in this Lease includingpromulgated by Landlord and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, without limitationtogether with all changes and additions thereto, from any covenant to be observed or performed by the Tenant under are part of this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease ); provided however, in the event of a conflict between the terms and conditions of this Lease and any rules and regulations promulgated by Landlord, the terms and conditions of this Lease shall control. Landlord shall notify Tenant in writing upon the promulgation of any rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Building in a non-discriminating fashion and to take reasonable action to cause a cessation of any violation of all or a portion rules that interfere with Tenant’s use and quiet enjoyment of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.;
Appears in 1 contract
Samples: Lease Agreement (Repligen Corp)
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent A. Observe such reasonable rules and regulations as from time to time may be put in effect by Landlord for the general safety, comfort and when due;convenience of Landlord, occupants and tenants of the Building so long as the same are enforced by Landlord in a uniform and nondiscriminatory manner.
6.2 To pay B. Give Landlord access to the cost Premises upon 24 hours' written (unless an emergency exists, in which case Landlord shall use its best efforts to give reasonable notice), without change or diminution of electricityrent, gas to enable Landlord to examine the same and other utilities used within to make such repairs, additions and alterations as Landlord may deem advisable. During the ninety (90) days prior to the expiration of the Term, the Landlord shall be permitted to exhibit the Premises to prospective tenants upon 48 hours' written notice. During any such entry into the Premises, such costs Landlord shall use reasonable efforts to be paid by the Tenant as and when dueminimize disruption of Tenant's business operations.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave C. Keep the Premises in good repairorder and condition and replace all broken glass with glass of the same quality as that broken, save as aforesaidonly glass broken by fire or other casualty covered by standard all risk insurance, and commit no waste on the Premises.
6.6 If the Tenant fails to repair in accordance with the provisions hereofD. Pay for all electric lamps, the Landlord may on 10 days prior written notice except starters and ballasts used in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demandPremises.
6.7 To restore forthwith at its expense broken or damaged plate glass on E. Upon the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may termination of this Lease in any manner directly or indirectly cause injury to whatsoever, remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or to the Building of which the Premises form a part hereafter may be put in by Landlord or to any fixtures or appurtenances Tenant, reasonable use, wear and tear thereof, damage by fire or other casualty and repairs which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the are Landlord, such approval not to be unreasonably withheld or delayed's obligation excepted. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither Tenant shall be entitled to remove its equipment used in the Tenant’s signage on operation of its business from the BuildingPremises, nor whether or not such equipment constitutes a fixture, including, but not limited to, clean room equipment, vacuum pumps and compressors, however, Tenant agrees to repair any material damage to the use Premises caused by such removal. Goods and effects not removed by Tenant within twenty (20) days of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the Tenant shallsame as it deems expedient, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)at Tenant's expense.
6.10 Not to do F. The Tenant may not assign this Lease or permit anything to be done whereby any policy of insurance on the said Building sublet all or any part thereof placed of the Premises voluntarily, involuntarily or by the Landlord operation of law, or any other Tenant through change in the Building may become void or voidable or whereby the premium thereon may be increased, and ownership of Tenant if the Tenant is in breach hereof and as a result of such breach any premium corporation or a partnership, without first obtaining Landlord's written consent thereto. Landlord's consent will not be unreasonably withheld, conditioned or delayed provided that (i) the occupancy of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or sublessee is not by inconsistent with the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion character of the Building.
6.12 A change ; (ii) such assignee or sublessee shall agree in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, writing to be bound by all of the covenants and obligations of Tenant hereunder; (iii) a fully executed copy of any such assignment or sublease shall be immediately delivered to Landlord but the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any making of such assignment or sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released deemed to release Tenant from the payment and performance of any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant of its obligations under this Lease.
6.14 The ; (iv) Tenant is allowed shall promptly disclose and, after deducting reasonable lease related costs incurred by Tenant in connection with such subletting (e.g. broker's commissions and construction costs), pay to profit on Landlord as Additional Rent hereunder eighty percent (80%) of the amount of any rent or other payments actually paid to Tenant pursuant to any sublease which exceeds the amounts payable hereunder and any other consideration paid, or to be paid, by reason of the assignment or sublease; (v) such assignment or subletting permitted is approved by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or mortgagee holding a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep mortgage covering the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.which reserves such right unto the mortgagee; and
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent A. Observe such rules and regulations as from time to time may be put in effect by Landlord for the general safety of Tenant and when due;
6.2 To pay the cost Building, subject, however, to Tenant's approval of electricitysuch rules and regulations, gas and other utilities used within the Premises, such costs to which approval shall not be paid by the Tenant as and when dueunreasonably withheld.
6.3 Subject B. Give Landlord access to Section 12.0the Premises at all reasonable times, accompanied by Tenant, without change or diminution of rent or interference with Tenant's business, to repair enable Landlord to examine the Premises, reasonable wear same and tear, structural to make such repairs, additions and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the alterations as Landlord may enter deem advisable, and view during the state nine (9) months prior to the expiration of repair and that the Tenant will repair according Term, to notice save as aforesaid.
6.5 That the Tenant will leave exhibit the Premises in good repair, save as aforesaid.
6.6 If to prospective tenants and to place upon the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except door or in the case windows of an emergency enter the Premises and make the required repairs andany usual or ordinary "For Lease" signs. Tenant may deny Landlord access to certain areas reasonably designated by Tenant, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time, by reason of security, confidentiality or function.
6.8 Not to doC. Pay as part of Operating Costs for all replacement electric lamps, suffer or permit any act or neglect which may starters and ballasts used in the Premises.
D. Upon the termination of this Lease in any manner directly or indirectly cause injury to whatsoever, remove Tenant's personal property and such of its equipment and trade fixtures as it desires and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which hereafter may be put in by Landlord or become a nuisance Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation and damage by fire or interference with other casualty excepted. Goods and effects not removed by Tenant at the comfort termination of any this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof same as a first-class office building.
6.9 Not it deems expedient. Tenant shall not be required to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not repair damage (other than damage to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent or structural damage) to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request Premises caused by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result removal of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, items provided that nothing herein will limit any other remedy of it uses reasonable means to remove the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenantsame.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant's sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and teartear excepted;
10.2 Subject to Article 8 herein, structural repairssurrender the Demised Premises at the end of this Lease in the same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of any kind whatsoever on the windows, doors or exterior walls of the Demised Premises and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the window surfaces which are visible from the outside of the Building, except for Building standard suite identification graphics at the entrance to the Demised Premises and on any Park directory, which shall be provided by Landlord and paid out of the Tenant's Allowance (as defined in Exhibit "D");
10.4 Be financially responsible for electric charges as set forth above in Articles 4 and 9(ii), and damage by fire, lightning be financially responsible for the maintenance of all plumbing and other casualties against which fixtures in the Demised Premises, whether installed by Landlord is insuredor by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or for which employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (60) days of the date such work becomes necessary, Landlord is may, but shall not be required to be insured under this Leaseto, only excepted.
6.4 Subject to Section 7.7perform such work and charge the amount of the expense therefor, thatwith interest accruing and payable thereon, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair all in accordance with Article 19 below;
10.5 Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant's occupancy of the provisions hereofDemised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from Tenant's failure to do so;
10.6 Promptly notify Landlord of any damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises made by or for Tenant and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, which shall not be unreasonably withheld, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery or (ii) other personalty having a weight in excess of the design capacity of the Building;
(a) Not use the Demised Premises for the generation, use, manufacture, recycling, transportation, treatment, storage, handling, discharge or disposal of any hazardous, toxic or polluting substance or waste (including petroleum or radioactive materials) ("Hazardous Substances") or for any purpose in a manner which poses a risk of damage to the environment. Tenant will not engage in any activity at the Demised Premises which would subject Tenant, Landlord or the Demised Premises to responsibility or liability under any federal, state or local environmental law, rule, regulation or ordinance, including without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. Section 6901 et seq.) ("CERCLA"), the Federal Water Pollution Control Act (33 U.S.C.A. Section 1151 et seq.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seq.) and the regulations promulgated thereunder and as each may be amended from time to time during the Lease Term.
(b) Tenant will not undertake any action nor omit to take any action nor permit any other person to undertake any action on or at the Demised Premises which could result in a lien being imposed on the Demised Premises by the State or federal government under any environmental law, rule, regulation or ordinance.
(c) Tenant will not undertake nor omit to take any action nor permit any other person to undertake any action, on or at the Demised Premises which could require Landlord may on 10 days prior to include in the deed to the Demised Premises or the Building a notice of disposal/release of Hazardous Substances at the Demised Premises.
(d) Tenant will provide to Landlord oral notice followed by written notice except within five (5) business days of all notices received from or made to any government agency that are served upon or given by Tenant with respect to any Release (as defined in CERCLA) or threatened Release of Hazardous Substances or which claim a violation of any environmental law, rules, regulations, ordinances or orders of any federal state or local government or which call attention to the case need for an investigation, remediation, response action, repairs, construction, alterations or installations on or in connection with the Demised Premises.
(e) Tenant does hereby agree to indemnify, defend and save harmless Landlord from any and all losses, costs, damages and expenses, (including fines, penalties, and attorneys' fees) resulting from any claim, demand, liability, obligation, right or cause of an emergency enter action, including but not limited to governmental action or other third party action, (collectively, "Claims"), that is asserted against or incurred by Landlord or the Demised Premises and make as a result of Tenant's breach of any representation, warranty, or covenant hereof; or arising out of the required repairs andoperations or activities or presence of Tenant or any sublessee, for agent, or representative of Tenant at the Demised Premises; or arising from environmental conditions or violations at the Demised Premises including without limitation the presence of Hazardous Substances at, on, or under the Demised Premises or the discharge or release of Hazardous Substances from the Demised Premises, provided, however, that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will Tenant shall not be liable obligated to indemnify Landlord under this paragraph (i) if Tenant demonstrates that the Claim was based on events or conditions which occurred prior to the Tenant for any inconvenience, loss, injury date of this Lease or damages suffered by (ii) to the Tenant thereby, unless caused by extent that the Claim resulted from the negligence or willful misconduct of Landlord. Tenant agrees to respond on Landlord's behalf to such Claims or, at Tenant's election, to pay the costs of Landlord's response.
(f) Landlord does hereby agree to indemnify and save harmless Tenant from all Claims that are asserted against Tenant or those for whom the Demised Premises as a result of the presence of Hazardous Substances from the Demised Premises if Tenant proves that the Hazardous Substance were deposited at the Demised Premises prior to the date of this Lease. Landlord is responsible at represents and warrants that, to the Landlord's actual knowledge, the Demised Premises are free and clear of any Hazardous Substances in violation of any applicable federal, state or local environmental law, rule, regulation or ordinance as of the date hereof.
(g) Tenant hereby waives and releases Landlord from any and all claims, known and unknown, foreseen or unforeseen, which exist or may arise under common or statutory law, including CERCLA or any other statutes now or hereafter in effect.
(h) The indemnities contained herein and the expense environmental representations, warranties and covenants of such repair will be borne by the Landlord and Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner survive termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not 10.10 Comply with the rules and regulations set forth in Exhibit "F" hereto and with all reasonable changes and additions thereto upon notice by Landlord to do Tenant (such rules and regulations, together with all changes and additions thereto, are part of this Lease); and
10.11 Comply with all reasonable recommendations of Landlord's or permit anything Tenant's insurance carriers relating to be done whereby any policy layout, use, storage of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, materials and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount maintenance of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the TenantDemised Premises.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Immunicon Corp)
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent TENANT agrees as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowedfollows:
(a) That it will pay the rent for the Premises as herein stated and all other payments and charges owing to display a sign on LANDLORD pursuant to this Lease at the standard building directory signage time and in the manner herein stated, without relief from valuation and appraisement laws and with reasonable attorneys’ fees and all other expenses and costs occasioned by the nonpayment thereof and occasioned by the default by TENANT in the performance of any of the terms of this agreement to be provided performed by the Landlord in a manner to be consistent with a suburban business park;TENANT.
(b) That is shall pay as and when the option same become due and payable the entire cost of all electricity, gas, water, sewerage, telephone, cellular, computer access, and other utilities and services used in or about the Premises, and it will not permit the charges therefore to install prominent signage on become delinquent.
(c) That it will pay all Real Estate Taxes assessed against the exterior Premises accruing and/or payable during the Term of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authoritiesthis lease. The Landlord agrees to name the Building Term “The Xenon Genetics Building”. The Landlord acknowledges Real Estate Taxes” as used herein means all real property taxes and agrees assessments that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights are levied or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of assessed against the Premises by any lawful governmental authority for each calendar year or portion thereof commencing on the Tenant.
6.11 The Tenant Commencement Date. TENANT shall not assign pay, prior to the due date and accrual of any interest or sublet penalties thereon, all Real Estate Taxes levied against the Premises in whole or in part without and any buildings and improvements thereto to the prior consent in writing full extent of any installment accruing during the Term, even though said Real Estate Taxes may be payable after the expiration of the LandlordTerm, such consent not to except as otherwise set forth in this Section. Real Estate Taxes due for the calendar year 2004 (which represents Real Estate Taxes accrued during 2003) shall be unreasonably or arbitrarily withheld or delayed where prorated between LANDLORD and TENANT based upon the Tenant wishes to assign or sublet to a tenant, which covenants to use Commencement Date; and Real Estate Taxes due for the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent last year of the Landlord, delivers Term shall be prorated between LANDLORD and TENANT based on the last day of the Term. Prior to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion expiration of the Building.
6.12 A change Term, as may be extended, and in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice addition to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Accuride Corp)
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent (a) Observe such reasonable and customary rules and regulations as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which time may be or become a nuisance or interference with put in effect by Landlord, provided that Tenant has received reasonable prior notice of the comfort same, for the general safety of any of Landlord and the occupants of the Building and for the integrity and reputation of the Property.
(b) Give Landlord access to the Premises at all reasonable times, and upon reasonable prior notice (but not less than one (1) business day, except in case of emergency) from Landlord, without change or which may diminution of rent so long as Landlord complies with the terms of this Lease, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord is entitled or required to make under the terms of this Lease, and to exhibit the Premises to prospective purchaser of the Property or lenders thereon; and during the one hundred twenty (120) days prior to the expiration of the term, to exhibit the Premises to prospective tenants and to place upon the door or in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without any usual or ordinary "For Lease" signs. Landlord will schedule such entries with Tenant and will use reasonable efforts to minimize any disruption to Tenant's business caused by such entry and Landlord will comply with Tenant's reasonable security procedures in connection with such entry. All of Landlord's entries and the prior written approval performance of Landlord's work shall be done during non-business hours of Tenant. Tenant will have the Landlord, such approval not right to be unreasonably withheld or delayed. Notwithstanding present whenever Landlord comes on the foregoing, the Tenant will be allowed:Premises under this paragraph.
(ac) Except in an emergency, Tenant may require reasonable verification of Landlord's or its agent's identity prior to display a sign on allowing entry into the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authoritiesPremises. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use designate certain portions of the Premises as "Security Areas" for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Security Areas when accompanied by the a representative of Tenant upon not less than two (2) business days' notice to Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Security Areas, without notice to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at in the time the Tenant requests the consent event of the Landlordan emergency, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the case Landlord shall provide Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Leasesuch entry promptly thereafter.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent (a) Observe (i) such reasonable and customary rules and regulations as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which time may be or become a nuisance or interference with put in effect by Landlord, provided that Tenant has received reasonable prior notice of the comfort same, for the general safety of any of Landlord and the occupants of the Building and for the integrity and reputation of the Property; and (ii) the restrictions and requirements of CC&RS now or hereafter applicable to the Property or any portion thereof.
(b) Give Landlord access to the Premises at all reasonable times, and upon reasonable prior notice (but not less than one (1) business day, except in case of emergency) from Landlord, without change or diminution of rent so long as Landlord complies with the terms of this Lease, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord is entitled or required to make under the terms of this Lease, and to exhibit the Premises to prospective purchaser of the Property or lenders thereon; and during the one hundred twenty (120) days prior to the expiration of the term, to exhibit the Premises to prospective tenants. Landlord may place upon the Building any "For Sale" and "For Lease" signs. Landlord will schedule such entries with Tenant and will use reasonable efforts to minimize disruption of Tenant's business caused by such entry and Landlord will comply with Tenant's reasonable security procedures in connection with such entry. Tenant will have the right to be present whenever Landlord comes on the Premises under this paragraph.
(c) Upon the expiration or earlier termination of this Lease in any manner whatsoever, excepting only termination because of Tenant's default under this Lease (unless Landlord elects the contrary in writing), remove Tenant's furniture, fixtures and equipment, generators, computers, telephones and switches, and telecommunications equipment (to the extent the same was installed by Tenant) and Tenant's other goods, inventory and effects and those of any other person claiming under Tenant, and quit and deliver the Premises and the Property to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof, and repairs which are Landlord's obligation, excepted. Furniture, fixtures, equipment, and all other property not removed by Tenant at the termination of this Lease shall be considered abandoned, and Landlord may dispose of the same as it deems expedient.
(d) Not place signs on or about the Premises or the Property without first obtaining Landlord's written consent thereto, which consent will not be unreasonably withheld or delayed. All signs must comply with applicable laws, ordinances, and regulations, all CC&RS and Landlord's reasonable sign criteria. Tenant shall have "major tenant" status for signage purposes under the Southbank Comprehensive Sign Program dated June 30, 1988, and if authorization of the governing body under the Southbank Comprehensive Sign Program is required, Landlord will make every reasonable effort to obtain such authorization for Tenant, such that Tenant will have three exterior signs on the building facing each of the three major roadways, which are University Drive, Ellwood Street, and interstate 10. Landlord agrees that placement of these three signs is acceptable under Landlord's sign criteria. EXHIBIT D sets forth "major tenant" criteria and associated signage rights.
(e) Not overload, damage or deface the Premises or do any act which may make void or voidable any insurance on the Premises or the Building, or which may in the reasonable opinion of the Landlord render the Building an increased or any part thereof less desirable or injure the reputation thereof as a first-class office buildingextra premium payable for insurance.
6.9 (f) Not make any alterations or additions to exhibit signs the Property the cost of any nature on exterior walls, doors or windows of the Premises which would exceed $10,000.00 without obtaining the prior written approval of the Landlord, such approval which shall not to be unreasonably withheld or delayed. All alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by Landlord upon the Property, except movable office furniture, equipment and generators, computers, telephone and telecommunication systems, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the termination of this Lease.
(g) Keep the Premises and the Property free from any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Provided, however, that Tenant shall have the right to contest any such lien, in which event such lien shall not be considered a default under this Lease until the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shall indemnify, defend, and hold harmless Landlord for, from and against any such lien, or claim or action thereon, reimburse Landlord within ten (10) business days after demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and, upon written request of Landlord, provide Landlord with a bond in an amount and under circumstances necessary to obtain a release of the Premises or the Property from such lien. Notwithstanding the foregoing, the Tenant will be allowed:have no responsibility for the liens of contractors or others hired exclusively by and for Landlord.
(ah) to display a sign on the standard building directory signage to be provided Indemnify, defend and hold Landlord harmless for, from and against all claims, obligations, liabilities, costs, expenses and reasonable attorneys' fees and court costs which Landlord may suffer or incur by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior reason of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination 's breach of this Lease, the Tenant shall, upon request or by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount reason of the increase in such premiumnegligence or willful misconduct of Tenant or its employees, provided that nothing herein will limit any other remedy of the Landlord agents, invitees or any other Tenant provided this Section will not apply to the Tenant’s proposed use of licensees on or about the Premises by or the Tenant.
6.11 The Property. Tenant shall not assign or sublet the Premises comply with all applicable laws, regulations, ordinances and other legal requirements in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to connection with its use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any and occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (WWW Holdings Inc)
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:will
(a) pay to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business parkall amounts due as rent and additional rent;
(b) keep the option to install prominent signage on Leased Space in good order and repair, reasonable wear and tear excepted;
(c) surrender the exterior Leased Space at the end of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination term of this Lease in the same condition in which Tenant has agreed to keep it during the term hereof;
(d) be responsible for the maintenance of all plumbing and other fixtures, equipment and systems in the Leased Space, whether installed by Landlord or such earlier date as the Tenant so notifies the by Tenant, except for Building lavatories, heating and air conditioning equipment installed by Landlord in writingmeeting Landlord's obligations as specified in Article 5, (a). At , herein, which will be maintained by Landlord;
(e) be responsible (except to the expiration extent provided in section 11) for repairs and replacements to the Leased Space and the Building made necessary by reason of damage thereto caused by Tenant or sooner termination its agents, servants, invitees or employees;
(f) comply with all laws and enactments and regulations of any governmental authority relating or applicable to Tenant's occupancy of the Leased Space, and hold Landlord harmless from all consequences for failure to do so;
(g) promptly notify Landlord of any damage to or defects in the Leased Space, and of any injuries to persons or property that occur therein;
(h) pay for any alterations, improvements or additions to the Leased Space, other than those referred to in Section 4, made by or for Tenant, and not allow any lien to attach to the Building of Tenant's estate in the Leased Space;
(i) comply with the rules and regulations hereinafter contained and with all reasonable changes in and additions to them notice of which is given by Landlord to Tenant (such rules and regulations are and all such changes and additions will be part of this Lease);
(j) Intentionally deleted
(k) certify, without charge, at any time and from time to time hereafter, within twenty (20) days after receipt of written request by Landlord, by a written instrument duly executed and acknowledged, as to the validity and force and effect of this Lease, as to the Tenant shall, upon request by the Landlord forthwith, remove existence of any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance default on the said Building or any part thereof placed by the of either Landlord or Tenant as to the existence of any offsets, counterclaims or defenses thereto on the part of Tenant, and as to any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided matters that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to be requested by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants and agrees with the Landlord:
6.1 To pay Rent Lender as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowedfollows:
(a) Tenant shall pay to display Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand form Lender. the consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a sign on the standard building directory signage release and discharge of all liability of Tenant to be provided by the Landlord in a manner for any such payments made to be consistent with a suburban business park;Lender.
(b) the option to install prominent signage on the exterior Tenant shall enter into no material amendment or modification of any of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval provisions of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)without Lender's prior written consent.
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The (c) Tenant shall not assign subordinate its rights under the Lease to any other mortgage deed of trust, or sublet the Premises in whole or in part security instrument without the prior written consent of Lender.
(d) In the event the Lease is rejected or deemed rejected in writing of the any bankrupt proceeding with respect to Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from exercise it option to treat the Lease as terminated under 11 U.S.C. (S) 365(h), as amended.
(e) Tenant shall not accept any obligation contained in this waiver or release of Tenant's obligations under the Lease includingby Landlord, or any termination of the lease by Landlord, without limitation, from any covenant to be observed or performed by the Tenant under this LeaseLender's prior written consent.
6.14 The (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is allowed proceeding to profit on any assignment cure the default with due diligence, or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of is attempting to obtain the Premises, whether consented right to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep enter the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.cure the default
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent as (a) Be subject to and when due;
6.2 To pay not violate (i) reasonable and customary rules and regulations put in effect by Landlord (or by Landlord's own lessor), provided that Tenant has received reasonable prior notice of the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs andsame, for that purpose, the general safety of Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building and for the integrity and reputation of the Premises; and (ii) the restrictions in the Declaration and any covenants, conditions or restrictions applicable to ASU Research Park now or hereafter applicable to the Premises ("Restriction(s)"), but Landlord shall neither adopt nor affirm any Restriction, whether in the form of a change or addition to existing Restrictions or new Restrictions adopted subsequent to the date of this Lease that materially interferes with Tenant's use and enjoyment of the Premises or materially abridges Tenant's rights under this Lease. Enforcement of Restrictions in force as of the date of this Lease is beyond the scope of the foregoing proscription.
(b) Give Landlord access to the Premises at all reasonable times, and upon reasonable prior notice (but not less than one (1) business day, except in case of emergency) from Landlord, without change or diminution of rent so long as Landlord complies with the terms of this Lease, to enable Landlord to examine the same and to make such repairs, additions and alterations as Landlord is entitled or required to make under the terms of this Lease, and to exhibit the Premises to prospective purchaser of the Premises or lenders thereon; and during the one hundred twenty (120) days prior to the expiration of the term, to exhibit the Premises to prospective tenants. Landlord may place upon the Building any "For Sale" and "For Lease" signs. Landlord will schedule such entries with Tenant and will use reasonable efforts to minimize disruption of Tenant's business caused by such entry and Landlord will comply with Tenant's reasonable security procedures in connection with such entry. Tenant will have the right to be present whenever Landlord comes on the Premises under this paragraph.
(c) Upon the expiration or earlier termination of this Lease in any manner whatsoever, excepting only termination because of Tenant's default under this Lease (unless Landlord elects the contrary in writing), remove Tenant's furniture, fixtures and equipment, generators, computers, telephones and switches, and telecommunications equipment (to the extent the same was installed by Tenant) and Tenant's other goods, inventory and effects and those of any other person claiming under Tenant, and quit and deliver the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof, and repairs which are Landlord's obligation, excepted. Furniture, fixtures, equipment, and all other property not removed by Tenant at the termination of this Lease shall be considered abandoned, and Landlord may dispose of the same as it deems expedient.
(d) Not place signs on or about the Premises without first obtaining Landlord's written consent thereto, which consent will not be unreasonably withheld or delayed. All signs must comply with applicable laws, ordinances, and regulations, the Declaration and Landlord's reasonable sign criteria.
(e) Not overload, damage or deface the Premises or do any act which may make void or voidable any insurance on the Premises or the Building, or which may in the reasonable opinion of the Landlord render the Building an increased or any part thereof less desirable or injure the reputation thereof as a first-class office buildingextra premium payable for insurance.
6.9 (f) Not make any alterations or additions to exhibit signs of any nature on exterior walls, doors or windows of the Premises the cost of which would exceed $15,000.00 without obtaining the prior written approval of the Landlord, such approval which shall not to be unreasonably withheld or delayed. All alterations, additions or improvements (including carpeting or other floor covering which has been glued or otherwise affixed to the floor) which may be made by Landlord upon the Premises, except movable office furniture, equipment, generators, computers, telephone and telecommunication systems, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the termination of this Lease.
(g) Keep the Premises free from any mechanics', materialmen's, contractors' or other liens arising from, or any claims for damages growing out of, any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Provided, however, that Tenant shall have the right to bond over and contest any such lien, in which event such lien shall not be considered a default under this Lease until the existence of the lien has been finally adjudicated and all appeal periods have expired. Tenant shall indemnify, defend, and hold harmless Landlord for, from and against any such lien, or claim or action thereon, reimburse Landlord within ten (10) business days after demand therefor by Landlord for costs of suit and reasonable attorneys' fees incurred by Landlord in connection with any such lien, claim or action, and, upon written request of Landlord, provide Landlord with a bond in an amount and under circumstances necessary to obtain a release of the Premises from such lien. Notwithstanding the foregoing, the Tenant will be allowed:have no responsibility for the liens of contractors or others hired exclusively by and for Landlord.
(ah) to display a sign on the standard building directory signage to be provided Indemnify, defend and hold Landlord harmless for, from and against all claims, obligations, liabilities, costs, expenses and reasonable attorneys' fees and court costs which Landlord may suffer or incur by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior reason of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination 's breach of this Lease, the Tenant shall, upon request or by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount reason of the increase in such premiumnegligence or willful misconduct of Tenant or its employees, provided that nothing herein will limit any other remedy of agents, invitees or licensees on or about the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Premises. Tenant shall not assign or sublet the Premises comply with all applicable laws, regulations, ordinances and other legal requirements in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to connection with its use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any and occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
COVENANTS OF TENANT. 5.01. The Tenant covenants Covenants and agrees with the LandlordLandlord as follows:
6.1 To pay Rent as and when due;
6.2 (a) To pay the cost of electricityBasic Rent;
(b) To pay as they become due all other payments and Additional Rent provided herein;
(c) To repair and maintain, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, except reasonable wear and tear, structural repairs, and damage by fire, lightning lightning, tempest, impact of aircraft, acts of God or the Queen's enemies, riots, insurrections, structural defects in the Building and other casualties against which explosions, unless such damage is caused by the Landlord is insurednegligence of the Tenant, his or for which the Landlord is required to be insured under this Leaseits agents, only exceptedemployees, invitees or licencees.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, (d) That the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as subject to the exceptions aforesaid.
6.5 That , and the Tenant will post all notices required to save the Landlord harmless pursuant to the Builder's Lien Act,
(e) To leave the Premises in good repair, save as subject to the exceptions aforesaid.,
6.6 If (i) Not to assign, mortgage or encumber this Lease nor sublet or grant a license in respect of or suffer or permit the Tenant fails Premises or any part thereof to repair in accordance with be used by others without the provisions hereof, prior written consent of the Landlord may on 10 days prior written notice in each instance, which consent of the Landlord in each instance shall not be unreasonably withheld, except in the case where the Tenant assigns the Lease to a wholly-owned subsidiary or affiliated company of an emergency enter the Premises and make Tenant. In the required repairs and, for that purpose, event the Landlord may bring and leave on Tenant proposes to sell the Premises all necessary tools, material and equipment and the Landlord will not be liable Tenant's rights to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at lawbusiness to a third party, and the expense of such repair will be borne by the Tenant which will pay it further proposes to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time assign this Lease to time.
6.8 Not to dosame, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, may reasonably approve such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, assignment provided the Tenant will be allowed:
(a) to display a sign remains as Covenantor, as described in paragraph 23.01 herein, on the standard building directory signage to be provided by assigned Lease until the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use expiry of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as 's current Term. Provided that the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests shall request the consent of the Landlord, delivers deliver to the Landlord such information in writing (herein called the “"Required Information”") as the Landlord may reasonably require respecting the proposed assignee or subtenant including the name, address, nature of business, financial responsibility, and standing of such proposed assignee or subtenant, provided always that .
(ii) In no such event shall any assignment or sublettingsubletting to which the Landlord may have consented release or relieve the Tenant from his obligations fully to perform all the terms, whether consented covenants and conditions of this Lease on his part to be performed and in any event the Tenant and in any event the Tenant shall be liable for the Landlord's reasonable costs incurred in connection with the Tenant's request for consent.
(g) Not to use or occupy the Premises or any part thereof for any purpose other than the operation of an office for a computer software development business and related business, operating as Embedded Support Tools Corporation, and will not carry on or permit to be carried on in the premises or any part thereof any other trade or business; nor will the Tenant store or permit to be stored upon or in the Premises, or Grounds anything of a dangerous, flammable or explosive nature, except as in the opinion of the Landlord is or may be reasonably and necessarily utilized in the usual course of the operation of said office;
(h) Not to do or permit to be done in or about the Building or Grounds anything which may injure the Common Areas or like areas in the Building or Grounds or be a nuisance to any other tenant of the Landlord or other owner of part of the Building and Grounds or their tenants.
(i) Not to do nor omit nor permit to be done or omitted upon the Premises anything which shall cause the rate of insurance upon the Building of which the Premises are part or any part thereof or any other building on the Grounds, to be increased; PROVIDED that if the rate of insurance be so increased, the total increase (and not just the Pro Rata Share thereof) shall, at the option of the Landlord, by paid by the Tenant in accordance to paragraph 5.01(r);
(j) To keep the Premises in a clean, tidy and wholesome condition and upon the expiration or not the term of any renewal thereof to leave the Premises in such condition.
(k) To keep well painted and decorated at all times the interior of the Premises in a manner consistent with a first class business operation.
(l) Not to use the name of the Building in regard to any business other than the business of the Tenant upon the Premises.
(m) Not to grant any concessions, licences or permission to any third party to sell or take orders for merchandise or services in the Premises without the written approval of the Landlord.
(n) To obey and to cause its agents servants and employees to obey all reasonable rules made by the Landlord for the regulation of all activities and matters in and about the Building and Grounds and the use of the Common Areas and like areas in the balance of the Building and Grounds;
(o) If the Landlord supplies any equipment installation of machinery in connection with heating or air-conditioning of the Premises either exclusively or in conjunction with other parts of the Building, the Tenant will carry out such reasonable maintenance program of the same as required by the Landlord at the Tenant's expense and, if so required by the Landlord in writing, shall concur in such maintenance being carried out pursuant to a service contract in the terms and with such persons as directed by the Landlord, will:provided that the cost of the same shall not exceed those costs which a reasonable and prudent owner would be willing to incur to carry out the same maintenance and such costs shall be included in the Cost of Common Areas, unless the Landlord shall find that include the same in the Cost of Common Areas would cause a disproportionate cost on one or more other tenants in the Building;.
(ap) To carry out all other covenants and agreements by it herein contained.
(q) Not to permit nor to cause the exhaust, emission or spreading in any manner release manner, from the Premises, of any odour or smell which the Landlord or other tenants of the Landlord find to be offensive or noxious so as to be detrimental to any Tenant of the building in any way and should the Tenant not correct the situation described, above, within Twenty-one (21) days (or such lesser time as the Landlord may advise if the Landlord is of the opinion that in the circumstances the nature of the situation requires more immediate attention) of receiving written notice from any covenant the Landlord requiring such correction, the Tenant agrees that the Landlord shall be at liberty to be observed or performed by itterminate this Lease. The Tenant will install sufficient kitchen exhaust and make-up air system through the roof membrane that will properly ventilate, andfilter and contain the Tenant's menu food items at all times during this Lease.
(br) be made to any person, firm, partnership or corporation carrying on any Should the business which the Landlord is obliged Tenant conducts or proposes to restrict by reasons of any other lease conduct in and about the premises cause or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be require an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control increase in the Tenant while premiums payable under any policies of insurance held in the Tenant is a public company.
6.13 Notwithstanding Section 6.11Landlord over the premiums generally paid by the Landlord under such policies of insurance, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released forthwith upon written demand from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, pay to the Landlord shall not be obligated to pay the full amount of any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out such increase in this Leasepremiums.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:will: -------------------
(a) Pay to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business parkall amounts due as Rent and Additional Rent;
(b) Keep the option to install prominent signage on Leased Space in good order and repair, reasonable wear and tear excepted;
(c) Surrender the exterior Leased Space at the end of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination term of this Lease in the same condition in which Tenant has agreed to keep it during the term hereof;
(d) Be responsible for the cost of maintenance of all plumbing and other fixtures, equipment and systems over and above Building Standard in the Leased Space, whether installed by Landlord or such earlier date as the Tenant so notifies the by Tenant, except for Building lavatories, heating and air conditioning equipment installed by Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant meeting Landlord's obligations as specified in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:Article 5
(a) herein, which will be maintained by Landlord;
(e) Be responsible (except to the extent provided in Section 11) for repairs and replacements to the interior of the Leased Space made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees;
(f) Comply with all laws and enactments and regulations of any manner release governmental authority relating or applicable to Tenant's occupancy of the Leased Space, and hold Landlord harmless from all consequences for failure to do so;
(g) After Tenant actually becomes aware of it, promptly notify Landlord of any damage to or defects in the Leased Space, and of any injuries to persons or property that occur therein;
(h) Pay for any alterations, improvements or additions to the Leased Space, other than those referred to in Section 4, made by or for Tenant, and not allow any lien to attach to the Building or Tenant's estate in the Leased Space;
(i) Provided they are uniformly and consistently applied to all Tenants of the buildings, comply with the rules and regulations hereinafter contained and with all reasonable changes in and additions to them notice of which is given by Landlord to Tenant (such rules and regulations are and all such changes and additions will be part of this Lease);
(j) Comply with all reasonable requirements and recommendations of Landlord's and Tenant's respective insurance carriers relating to layout, use and maintenance of the Leased Space; and
(k) Certify, without charge, at any time and from time to time hereafter, within ten (10) days after request by Landlord or any covenant Mortgagee, by a written instrument duly executed and acknowledged: (a) ratifying this Lease; (b) confirming the commencement and expiration dates of the term of this Lease; (c) certifying that Tenant is in occupancy of the Leased Space, and that this Lease is in full force and effect and has not been modified, assigned, supplemented or amended except by such writings as shall be stated; (d) certifying that to Tenant's knowledge, all conditions and agreements under this Lease to be observed satisfied or performed by it, and
landlord have been satisfied and performed except as shall be stated; (be) be made certifying that to any person, firm, partnership or corporation carrying on any business which the Tenant's knowledge Landlord is obliged to restrict by reasons of any other lease or contract not in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant default under this Lease except and there are no defenses or offsets against the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease enforcement of this Lease by landlord, or stating the defaults and/or defenses claimed by Tenant; (f) reciting the amount of all or a portion advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the amount of the Premises, whether consented to or not by the security deposited with Landlord, if any; and (h) any other information which Landlord or the Landlord mortgagee shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Leasereasonably require.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease (Internet Capital Group Inc)
COVENANTS OF TENANT. The 9.1. Tenant covenants with will, at Tenant's sole cost and expense, keep the Landlord:
6.1 To pay Rent as Demised Premises and when due;
6.2 To pay the cost of electricity, gas fixtures and other utilities used within the Premises, such costs to be paid by the Tenant as appurtenances therein in good order and when due.
6.3 Subject to Section 12.0, to repair the Premisesat all times, reasonable wear and teartear excepted. Such obligation shall include, structural repairswithout limitation, all plumbing, heating, ventilating, air conditioning and damage by fire, lightning and other casualties against which electrical systems exclusively serving the Landlord is insured, or for which Demised Premises from the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and point that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable such systems connect to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith base building systems on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayedeach floor. Notwithstanding the foregoing, Landlord may, upon thirty (30) days' written notice (except in case of emergency), but shall not be required to, perform all or any portion of Tenant's repair obligations as set forth above on Tenant's behalf. In such event, following the performance of such repairs by Landlord, Landlord shall charge Tenant the amount of the expense therefor. If Tenant fails to pay such amount within thirty (30) days following delivery of Landlord's invoice therefor, such amount shall thereafter bear interest at the Default Rate until the date of payment by Tenant. In the event Landlord does not elect to perform all or any portion of Tenant's repair obligations as set forth above and Tenant fails to make such repairs within thirty (30) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Section 19 below;
9.2. Tenant will comply with any covenants, easements and restrictions governing the Land or Buildings (including, but not limited to (i) that certain Declaration of Cross-Easements, Covenants and Restrictions of South Brunswick Corporate Center made by Landlord, dated October 9, 1995 and to be allowedrecorded in the Clerk's Office of Middlesex County and (ii) that certain Declaration of Certain Easements and Covenants of South Brunswick Corporate Center made by Landlord, dated October 9, 1995 and to be recorded in the Clerk's Office of Middlesex County) and shall indemnify, defend and hold Landlord harmless from all consequences from Tenant's failure to do so;
9.3. Tenant will promptly notify Landlord of any damage to or defects in the Demised Premises of which it becomes aware, any notices of violation received by Tenant and any injuries to person or property which occur therein or claims relating thereto;
9.4. Tenant will not place within the Demised Premises or bring into the Buildings any machinery or other personalty having a weight in excess of the design capacity of the Buildings, such capacity on above-grade floors being 60 pounds per square foot, without the prior written consent of Landlord and without full compliance with all applicable building security measures;
9.5. Tenant will comply with the rules and regulations set forth in Exhibit "F" hereto and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, being part of this Lease);
9.6. Tenant will comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use, storage of materials and maintenance of the Demised Premises; and
9.7. Tenant further agrees to the following:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out As used in this Lease, the Tenant following terms shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by have the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.following meanings:
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust Inc)
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises (at Tenant's sole cost ------------------- and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:expense):
(a) pay to display Landlord all amounts due as Basic Rent and Additional Rent; and pay to Landlord: (i) the Late Charge on all overdue installments of Basic Rent and on all overdue payments of Additional Rent or other sums payable to Landlord under this Lease that are ten (10) days past due. Tenant acknowledges and agrees that the purpose of the Late Charge is to compensate Landlord for its costs in collecting the same and is a sign liquidated amount; and (ii) in addition to the Late Charge, interest, at the Overdue Interest Rate on all overdue installments of Basic Rent from five (5) days following the standard building directory signage due date thereof to be provided by and including the date of payment and on all payments of Additional Rent or other sums payable to Landlord in a manner hereunder from five (5) days following the date of demand therefor to be consistent with a suburban business parkand including the date of payment;
(b) keep the option to install prominent signage on Premises in good order and repair, reasonable wear and tear and damage by casualty excepted;
(c) surrender the exterior of Premises at the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination end of this Lease in the same condition in which Tenant has agreed to keep it during the Term hereof;
(or such earlier date as d) be responsible for the Tenant so notifies maintenance of all plumbing and other fixtures in and serving only the Landlord in writing). At the expiration or sooner termination of this LeasePremises, the Tenant shall, upon request by the Landlord forthwith, remove any sign whether installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant by Tenant;
(e) be responsible (except to the extent provided in Section 13, below) for repairs and replacements to the Premises and the Building may become void made necessary by reason of damage thereto caused by Tenant or voidable its agents, servants, invitees or whereby the premium thereon may be increased, employees;
(f) comply with all laws and if the Tenant is in breach hereof all enactments and as a result of such breach any premium regulations of any such policy is increased, the Tenant will forthwith pay governmental authority relating or applicable to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any 's particular occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented and hold Landlord harmless from all consequences for failure to do so;
(g) promptly notify Landlord of any damage to or not defects in the Premises, and of any injuries to persons or property which occur therein;
(h) pay for any alterations, improvements or additions made by Tenant to the LandlordPremises and any light bulbs, tubes and other non-standard Building items made by or for Tenant, and allow no lien to attach to the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) Building with respect to any assignee or sublessee but shall only of the foregoing;
(i) comply with the rules and regulations set forth in Exhibit C hereto and with all reasonable changes in and additions to them, notice of which is given by Landlord to Tenant (such rules and regulations are and all such changes and additions will be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in part of this Lease); and
(j) comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use and maintenance of the Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Itxc Corp)
COVENANTS OF TENANT. The 9.1. Except as otherwise set forth in Section 8.4 hereof, Tenant covenants with will, at Tenant's sole cost and expense, keep Building 3 and the Landlord:
6.1 To pay Rent as fixtures and when due;
6.2 To pay the cost of electricity, gas appurtenances therein in good order and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesat all times, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only tear excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Landlord may, upon thirty (30) days' written notice (except in case of emergency), but shall not be required to, perform all or any portion of Tenant's repair obligations as set forth above on Tenant's behalf. In such event, following the performance of such repairs by Landlord, Landlord shall charge Tenant the amount of the expense therefor. If Tenant fails to pay such amount within thirty (30) days following delivery of Landlord's invoice therefor, such amount shall thereafter bear interest at the Default Rate until the date of payment by Tenant. In the event Landlord does not elect to perform all or any portion of Tenant's repair obligations as set forth above and Tenant fails to make such repairs within thirty (30) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Section 19 below;
9.2. Tenant will be allowedcomply with any covenants, easements and restrictions governing the Land or Buildings (including, but not limited to (i) that certain Declaration of Cross-Easements, Covenants and Restrictions of South Brunswick Corporate Center made by Landlord, dated October 9, 1995 and recorded in the Clerk's Office of Middlesex County in Deed Book 4304, page 745 and (ii) that certain Declaration of Certain Easements and Covenants of South Brunswick Corporate Center made by Landlord, dated October 9, 1995 and recorded in the Clerk's Office of Middlesex County in Deed Book 4304, page 773) and shall indemnify, defend and hold Landlord harmless from all consequences from Tenant's failure to do so;
9.3. Tenant will promptly notify Landlord of any damage to or defects in Building 3 of which it becomes aware, any notices of violation received by Tenant and any injuries to person or property which occur therein or claims relating thereto;
9.4. Tenant will not place within or bring into Building 3 any machinery or other personalty having a weight in excess of the design capacity of Building 3, such capacity on above-grade floors being 100 pounds per square foot, without the prior written consent of Landlord and without full compliance with all applicable building security measures;
9.5. Tenant will comply with the rules and regulations set forth in Exhibit "F" hereto and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, being part of this Lease);
9.6. Tenant will comply with all reasonable recommendations of Landlord's or Tenant's insurance carriers relating to layout, use, storage of materials and maintenance of Building 3; and
9.7. Tenant further agrees to the following:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out As used in this Lease, the Tenant following terms shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by have the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.following meanings:
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust Inc)
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 11.1 To pay Rent as and when due;
6.2 11.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs cost to be paid by the Tenant as and when due.
6.3 11.3 Subject to Section 12.017.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insuredinsured only excepted. Notwithstanding anything herein contained to the contrary, the Tenant shall not be required to attend to maintenance or repairs caused by or attributed to any of the following:
(a) reasonable wear and tear;
(b) the negligent act or omission of the Landlord or those for whom the Landlord is in law responsible;
(c) structural repairs, replacements or maintenance; or
(d) damage covered by the insurance which the Landlord has effected or is required to be insured under effect pursuant to this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, 11.4 That the Landlord may on 3 days notice to the Tenant enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 11.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If 11.6 That if the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days days' prior written notice notice, except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair repairs will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 11.7 To restore forthwith at its expense broken or damaged plate glass windows on the Premises from time to time, unless damaged by the Landlord or those for whom it is in law responsible or as a result of faulty design or installation.
6.8 11.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of to any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 11.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, and subject to Section 12.6, the Tenant will be allowed:
(a) allowed to display a sign the Tenant's name in prominent exterior signage on the Building, pedestal signage adjacent to the entrance of the Building, and on the standard building directory signage to be provided by the Landlord in the Building lobby in a manner to be consistent with a suburban business park;
(b) the option to install prominent first class office building and wet lab. Any other signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall be subject to the approval of the Landlord (not to be unreasonably withheld) and, where applicable, the City of Burnaby Vancouver or any governing authorities. The Except for standard building directory signage, the Landlord agrees shall not permit any other tenant to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s have exterior signage including (without limitation) exterior signage on the BuildingBuilding or pedestal signage. Further, nor except for standard building directory signage, all interior signage within the use ground floor lobby area shall be subject to receipt of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord 's prior consent, such consent not to be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)unreasonably withheld.
6.10 11.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if . If the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenanttenant.
6.11 The Tenant shall not 11.11 Not to assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the delayed. The Tenant, at the time the Tenant requests the consent of the Landlord, delivers Landlord shall deliver to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no . No such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of relating to the Building. The Landlord shall not be entitled to any excess rent obtained from any such assignment or sublease.
6.12 A change in control of 11.12 Notwithstanding anything herein contained to the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11contrary, the Tenant shall be permitted to sublease a portion may, without the consent of the Premises to Electronic Arts (Canada) Inc. without consent ofLandlord, but with not before giving notice toto the Landlord, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 assign or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in sublet this Lease, as part of or in connection with:
(a) an internal corporate reorganization of the Tenant Tenant's affairs, provided that this Lease is assigned or sublet to a legal entity associated or affiliated with the Tenant; or
(b) as part of a public offering or distribution. Further the Landlord shall not be released from in any obligation contained in this Lease including, without limitation, from any covenant way restrict the Tenants right to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of sublet all or a portion of the Premises, whether consented to or Premises unless the proposed subtenant is not by in the Landlord's opinion, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee acting reasonably, a suitable tenant in a biotech or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Leasewet-lab building.
6.16 11.13 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
11.14 To abide by and comply with all laws, rules and regulations of every municipal or other authority which in any manner relate to or affect the business of the Tenant or the use of the Premises by the Tenant.
11.15 To pay the Landlord all charges for maintenance and cleaning of electrical and lighting fixtures and fittings in the Premises and the same is included in "Operating Expenses" herein. The Landlord will have the exclusive right to attend to such maintenance and cleaning and may adopt a system of periodical renewals on a group basis in accordance with good practice in this respect, subject to compliance with reasonable maintenance and cleaning protocol established by the Tenant for both security and operational reasons.
11.16 To maintain at the Tenant's sole expense but for the common benefit of the Landlord and the Tenant:
(a) comprehensive general public liability insurance including bodily injury, death and property damage, with respect to the use of the Premises and the Tenant's use and occupancy thereof in an amount not less than $2,000,000 and such insurance shall include the Landlord as an additional insured;
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant’s sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which tear expected;
10.2 Surrender the Landlord is insured, or for which Demised Premises at the Landlord is required to be insured under end of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallswindows, doors or windows exterior walls of the Demised Premises without and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the prior written approval of window surfaces which are visible from the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion outside of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, ; except the Tenant shall be permitted to sublease a portion install its standard signage and logo on Tenant’s entrance door with the approval of the Premises to Electronic Arts Landlord (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant which approval shall not be released unreasonably withheld or delayed), and Tenant shall be listed on the directories on the elevator lobby of Tenant’s floor, the Building lobby and Building exterior in the same manner as other tenants in the Building;
10.4 Be financially responsible for the maintenance of all plumbing and other fixtures in the Demised Premises, whether installed by Landlord or by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (60) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefor, with interest accruing and payable thereon, all in accordance with Article 18 below;
10.5 Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant’s occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
10.6 Promptly notify Landlord of any obligation contained damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery or (ii) other personalty having a weight in excess of the design capacity of the Building;
10.9 Not use the Demised Premises for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a substantial risk of damage to the environment; in this Lease including, without limitation, from any covenant to be observed or performed regard Tenant represents that it does not have a Standard Industrial Classification number as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States that is any of 22-39 inclusive, 46-49 inclusive, 51 or 76 and will not engage in any activity which would subject Tenant under to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 etseg.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seg.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seg.), or any other federal, state or local environmental law, regulation or ordinance;
10.10 Comply with all rules and regulations which may hereafter be promulgated by Landlord and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, are part of this Lease.
6.14 The ); Landlord shall notify Tenant is allowed in writing at least fifteen (15) days prior to profit on the promulgation of such rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Building in a non- discriminating fashion and to take reasonable action to cause a cessation of any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease violation of all or a portion rules that interfere with Tenant’s use and quiet enjoyment of the Premises;
10.11 Comply with all reasonable recommendations of Landlord’s or Tenant’s insurance carriers relating to layout, whether consented to or not by use storage of materials and maintenance of the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this LeaseDemised Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlordagrees that it shall:
6.1 To pay Rent as and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the A. Give Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury access to the Premises at all reasonable times, without charge or to the Building diminution of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance rent or interference with Tenant's business, to enable Landlord to examine the comfort of any same and to make such repairs as Landlord may deem advisable, and during the nine (9) months prior to the expiration of the occupants of Term, to exhibit the Building Premises to prospective tenants and to place upon the Project or which may in the reasonable opinion of the Landlord render the Building Premises any usual or any part thereof less desirable or injure the reputation thereof as a first-class office buildingordinary "For Lease" signs.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of B. Upon the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or in any manner whatsoever, remove Tenant's personal property and such earlier date of its equipment and trade fixtures as it desires and those of any other person claiming under Tenant, and quit and deliver up the Premises to Landlord peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Landlord or Tenant, reasonable use and wear thereof and repairs which are Landlord's obligation and damage by fire or other casualty excepted. Goods and effects not removed by Tenant so notifies at the Landlord in writing). At the expiration or sooner termination of this Lease, however terminated, shall be considered abandoned and Landlord may dispose of the same as it deems expedient. Tenant shall, upon request shall not be required to repair damage to the Premises caused by removal of such items provided that it uses reasonable means to remove the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b)same.
6.10 Not to do C. Except as permitted herein, not assign this Lease or permit anything to be done whereby any policy of insurance on the said Building sublet all or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premiumPremises voluntarily, involuntarily or by operation of law, without first obtaining Landlord's written consent thereto. Landlord shall, within ten (10) days of its receipt of Tenant's request, approve or reject the assignment or sublease and, if rejected, Landlord shall specify its reason(s) for withholding approval. Landlord's failure to respond within ten (10) days shall be deemed approval. Landlord's consent will not be withheld provided that nothing herein will limit any other remedy of (i) the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by assignee or sublessee is not inconsistent with the Tenant.
6.11 The Tenant use specified in Section 4.1 herein; (ii) such assignee (but not any sublessee) shall not assign or sublet the Premises in whole or in part without the prior consent assume in writing the performance of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where covenants and obligations of Tenant hereunder which arise after the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent effective date of the Landlord, delivers to the Landlord such information in writing assignment; and (the “Required Information”iii) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no a fully executed copy of any such assignment or sublettingsublease shall be delivered to Landlord within ten (10) days after the execution thereof , whether consented to by but the making of such assignment or sublease shall not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes release Tenant from the payment and performance of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any its obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
Samples: Lease Agreement (Department 56 Inc)
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant's sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which tear excepted;
10.2 Surrender the Landlord is insured, or for which Demised Premises at the Landlord is required to be insured under end of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallswindows, doors or windows exterior walls of the Demised Premises without and not use or place any curtains, blinds (except, those installed pursuant to Article 7 and Exhibit "D" hereof), drapes or coverings over any exterior windows or upon the prior written approval window surfaces which are visible from the outside of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business parkBuilding;
10.4 Be financially responsible for electric charges as set forth above in Articles 4 and 9(ii), and be financially responsible for the maintenance of all plumbing and other fixtures in the Demised Premises, whether installed by Landlord or by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (b60) the option to install prominent signage on the exterior days of the Building date such work becomes necessary, Landlord may, but shall not be required to, perform such work and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord charge the amount of the increase expense therefor, with interest accruing and payable thereon, all in such premiumaccordance with Article 19 below;
10.5 Comply with all laws, provided that nothing herein will limit enactments and regulations of any other remedy governmental authority relating or applicable to Tenant's occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
10.6 Promptly notify Landlord of any damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, excluding any Tenant improvements made pursuant to Exhibit "D" hereof, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery or (ii) other Tenant provided this Section will not apply to the Tenant’s proposed use personalty having a weight in excess of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion design capacity of the Building.;
6.12 A change 10.9 Not use the Demised Premises for the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of any "hazardous substance" or "waste" (as defined in control N.J.S.A. 58:10-23.11(b)(k) and N.J.A.C.7:1-3.3) or for any purpose which poses a risk of damage to the environment; in this regard Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall represents that it does not apply to any transaction in which the Tenant becomes have a public company or any transaction or change in control Standard Industrial Classification number as designated in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound Standard Industrial Classifications Manual prepared by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.Office of
Appears in 1 contract
Samples: Lease Agreement (Emtec Inc/Nj)
COVENANTS OF TENANT. The Tenant covenants with will (at Tenant’s sole cost and expense):
10.1 Keep the Landlord:
6.1 To pay Rent as Demised Premises in good order and when due;
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premisesrepair, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which tear expected;
10.2 Surrender the Landlord is insured, or for which Demised Premises at the Landlord is required to be insured under end of this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 days prior written notice except Lease in the case same condition in which Tenant has agreed to keep it during the Lease Term;
10.3 Not place, erect, maintain or display any sign or other marking of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave any kind whatsoever on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior wallswindows, doors or windows exterior walls of the Demised Premises without and not use or place any curtains, blinds, drapes or coverings over any exterior windows or upon the prior written approval of window surfaces which are visible from the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s signage on the Building, nor the use of the Tenant’s name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b).
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant provided this Section will not apply to the Tenant’s proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “Required Information”) as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion outside of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, ; except the Tenant shall be permitted to sublease a portion install its standard signage and logo on Tenant’s entrance door with the approval of the Premises to Electronic Arts Landlord (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant which approval shall not be released unreasonably withheld or delayed), and Tenant shall be listed on the directories on the elevator lobby of Tenant’s floor, the Building lobby and Building exterior in the same manner as other tenants in the Building;
10.4 Be financially responsible for the maintenance of all plumbing and other fixtures in the Demised Premises, whether installed by Landlord or by Tenant and for repairs and replacements to the Demised Premises and the Building made necessary by reason of damage thereto caused by Tenant or its agents, servants, invitees or employees. In the event Tenant shall fail to perform such maintenance or make such repairs within sixty (60) days of the date such work becomes necessary, Landlord may, but shall not be required to, perform such work and charge the amount of the expense therefore, with interest accruing and payable thereon, all in accordance with Article 18 below;
10.5 Comply with all laws, enactments and regulations of any governmental authority relating or applicable to Tenant’s occupancy of the Demised Premises and any covenants, easements and restrictions governing the Land or Building, and indemnify, defend and hold Landlord harmless from all consequences from its failure to do so;
10.6 Promptly notify Landlord of any obligation contained damage to or defects in the Demised Premises, any notices of violation received by Tenant and of any injuries to persons or property which occur therein or claims relating thereto;
10.7 Subject to Article 7, pay for any alterations, improvements or additions to the Demised Premises and any light bulbs, tubes and non-standard Building items installed by or for Tenant, and allow no lien to attach to the Building with respect to any of the foregoing;
10.8 Without the prior written consent of Landlord, not place within the Demised Premises or bring into the Building (i) any machinery, equipment or other personalty other than customary office furnishings and small machinery, or any machinery, (ii) equipment or other personalty consistent with the reception and broadcast of satellite transmissions or (iii) other personalty having a weight in excess of the design capacity of the Building;
10.9 Not use the Demised Premises for the generation, manufacture, refining, transportation, treatment, storage or disposal of any hazardous substance or waste or for any purpose which poses a substantial risk of damage to the environment; in this Lease including, without limitation, from any covenant to be observed or performed regard Tenant represents that it does not have a Standard Industrial Classification number as designated in the Standard Industrial Classifications Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States that is any of 22-39 inclusive, 46-49 inclusive, 51 or 76 and will not engage in any activity which would subject Tenant under to the provisions of the Federal Comprehensive Environmental Response, Liability and Clean-Up Act (42 U.S.C. Section 9601 et seg.), the Federal Water Pollution Control (33 U.S.C.A. Section 1151 et seg.), the Clean Water Act of 1977 (33 U.S.C.A. Section 1251 et seg.), or any other federal, state or local environmental law, regulation or ordinance;
10.10 Comply with all rules and regulations which may hereafter be promulgated by Landlord, including those rules and regulations set forth in Exhibit “D” hereto and with all reasonable changes and additions thereto upon notice by Landlord to Tenant (such rules and regulations, together with all changes and additions thereto, are part of this Lease.
6.14 The ); Landlord shall notify Tenant is allowed in writing at least fifteen (15) days prior to profit on the promulgation of such rules and regulations or changes thereto. Landlord agrees to enforce such rules and regulations against all tenants in the Building in a non-discriminating fashion and to take reasonable action to cause a cessation of any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease violation of all or a portion rules that interfere with Tenant’s use and quiet enjoyment of the Premises;
10.11 Comply with all reasonable recommendations of Landlord’s or Tenant’s insurance carriers relating to layout, whether consented to or not by use storage of materials and maintenance of the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this LeaseDemised Premises.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.
Appears in 1 contract
COVENANTS OF TENANT. The Tenant covenants with the Landlord:
6.1 To pay Rent as and when due;.
6.2 To pay the cost of electricity, gas and other utilities used within the Premises, such costs cost to be paid by the Tenant as and when due.
6.3 Subject to Section 12.0, to repair the Premises, reasonable wear and tear, structural repairs, and damage by fire, lightning and other casualties against which the Landlord is insured, or for which the Landlord is required to be insured under this Lease, only excepted.
6.4 Subject to Section 7.7, that, upon providing not less than 48 hours’ written notice specifying a specific time for entry, the Landlord may enter and view the state of repair and that the Tenant will repair according to notice save as aforesaid.
6.5 That the Tenant will leave the Premises in good repair, save as aforesaid.
6.6 If the Tenant fails to repair in accordance with the provisions hereof, the Landlord may on 10 ten (10) days prior written notice except in the case of an emergency enter the Premises and make the required repairs and, for that purpose, the Landlord may bring and leave on the Premises all necessary tools, material and equipment and the Landlord will not be liable to the Tenant for any inconvenience, loss, injury or damages suffered by the Tenant thereby, unless caused by the negligence or willful misconduct of the Landlord or those for whom the Landlord is responsible at law, and the expense of such repair repairs will be borne by the Tenant which will pay it to the Landlord forthwith on demand.
6.7 To restore forthwith at its expense broken or damaged plate glass on the Premises from time to time.
6.8 Not to do, suffer or permit any act or neglect which may in any manner directly or indirectly cause injury to the Premises or to the Building of which the Premises form a part or to any fixtures or appurtenances thereof, or which may be or become a nuisance or interference with the comfort of any of the occupants of the Building or which may in the reasonable opinion of the Landlord render the Building or any part thereof less desirable or injure the reputation thereof as a first-class office building.
6.9 Not to exhibit signs of any nature on exterior walls, doors or windows of the Premises without the prior written approval of the Landlord, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, the Tenant will be allowed:
(a) to display a sign on the standard building directory signage to be provided by the Landlord in a manner to be consistent with a suburban business park;
(b) the option to install prominent signage on the exterior of the Building and pedestal signage adjacent to the entrance to the Building, including the Building name set out herein, all of which shall subject to the approval of the City of Burnaby or any governing authorities. The Landlord agrees to name the Building “The Xenon Genetics Building”. The Landlord acknowledges and agrees that neither the Tenant’s 's signage on the Building, nor the use of the Tenant’s 's name in the name of the Building shall grant the Landlord any rights or interest in the Tenant’s 's name or any derivation thereof nor will the Landlord be permitted to continue to use the Tenant’s 's name in the name of the Building or otherwise after expiry or sooner termination of this Lease (or such earlier date as the Tenant so notifies the Landlord in writing). At the expiration or sooner termination of this Lease, the Tenant shall, upon request by the Landlord forthwith, remove any sign installed by the Tenant pursuant to sub-Section 6.9(b). Notwithstanding the foregoing, the Tenant shall be granted non-exclusive signage on the Building, subject to the terms and conditions in the Lease, all existing signage shall remain in place during the Term and any extension thereof, save that the Rentable Area of the Premises shall be not less than two (2) full floors of the Building to retain such Building signage.
6.10 Not to do or permit anything to be done whereby any policy of insurance on the said Building or any part thereof placed by the Landlord or any other Tenant in the Building may become void or voidable or whereby the premium thereon may be increased, and if the Tenant is in breach hereof and as a result of such breach any premium of any such policy is increased, the Tenant will forthwith pay to the Landlord the amount of the increase in such premium, provided that nothing herein will limit any other remedy of the Landlord or any other Tenant tenant, provided this Section will not apply to the Tenant’s 's proposed use of the Premises by the Tenant.
6.11 The Tenant shall not assign or sublet the Premises in whole or in part without the prior consent in writing of the Landlord, such consent not to be unreasonably or arbitrarily withheld or delayed where the Tenant wishes to assign or sublet to a tenant, which covenants to use the Premises for only those uses permitted in Section 4.1, provided that the Tenant, at the time the Tenant requests the consent of the Landlord, delivers to the Landlord such information in writing (the “"Required Information”") as the Landlord may reasonably require respecting the proposed assignee or subtenant, provided always that no such assignment or subletting, whether consented to by or not by the Landlord, will:
(a) in any manner release the Tenant from any covenant to be observed or performed by it, and
(b) be made to any person, firm, partnership or corporation carrying on any business which the Landlord is obliged to restrict by reasons of any other lease or contract in respect of any occupancy of a portion of the Building.
6.12 A change in control of the Tenant shall be deemed to be an assignment for purposes of Section 6.11. This provision however, shall not apply to any transaction in which the Tenant becomes a public company or any transaction or change in control in the Tenant while the Tenant is a public company.
6.13 Notwithstanding Section 6.11, the Tenant shall be permitted to sublease a portion of the Premises to Electronic Arts (Canada) Inc. without consent of, but with notice to, the Landlord provided that Electronic Arts. (Canada) Inc. agree, inter alia, to be bound by the covenants of the Tenant under this Lease except the covenant to pay Rent and Additional Rent. Notwithstanding any sublease permitted under this Section 6.13 or any requirement in the sublease for Electronic Arts (Canada) Inc. to observe any obligations set out in this Lease, the Tenant shall not be released from any obligation contained in this Lease including, without limitation, from any covenant to be observed or performed by the Tenant under this Lease.
6.14 The Tenant is allowed to profit on any assignment or subletting permitted by Sections 6.11 or 6.13.
6.15 Notwithstanding any assignment or sublease of this Lease of all or a portion of the Premises, whether consented to or not by the Landlord, the Landlord shall not be obligated to pay any Leasehold Improvement Allowance (defined hereafter) to any assignee or sublessee but shall only be obligated to make any Leasehold Improvement Allowance to the Tenant as set out in this Lease.
6.16 To keep the Premises free of rubbish and debris at all times and to provide proper and sufficient receptacles for waste.Intentionally deleted
Appears in 1 contract
