Common use of Covenants Regarding Use Clause in Contracts

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. Tenant shall use the Premises and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. Tenant shall not commit, nor allow to be committed, in, on or about the Premises any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within the Premises any hazardous substance, equipment, or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. Tenant shall not use the Premises, or allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant Xxxxxx agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbageand maintain the Premises in as good a condition as they were when Tenant first took possession thereof and shall make all necessary repairs to the interior, trash, rubbish or other refuse in sealed containers within the interior non-structural portions of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow (by parties for which Tenant is lawfully responsible) to be committed, in, on or about the Premises Premises, Property or the Building and appurtenant areas, any act of waste, including any act which might deface, damage or destroy the Premises Premises, Property or the Building or appurtenant areas, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any unreasonably objectionable or offensive noise or odors to be emitted from the Premises; or do anything, or permit anything to be done, which would, in Landlord’s commercially reasonable opinion, disturb or tend to disturb other tenants occupying leased space in the Building or Property. Notwithstanding Upon Landlord’s request, Tenant shall promptly take such action as is necessary to eliminate any noise, odor or disturbance emitted from the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedPremises. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity (Landlord hereby representing that such capacity is approximately 100 lbs/sf). Landlord reserves the right to reasonably direct the positioning of all heavy equipment, furniture and fixtures which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's ’s opinion, invalidate any policy of insurance now or hereafter carried on the Premises Building or the Building Property or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent Additional Rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and solely attributable to the use being made of the Premises by Tenant. (v) Tenant shall not in any manner use, maintain or allow the use or maintenance of the Premises in violation of any law, ordinance, statute, regulation, rule or order (collectively “Laws”) of any governmental authority, including but not limited to, Laws governing zoning, health, safety (including fire safety), occupational hazards, and pollution and environmental control. Tenant shall not use, maintain or allow the use or maintenance of the Premises or any part thereof to treat, store, dispose of, transfer, release, convey or recover hazardous, toxic or infectious waste nor shall Tenant otherwise, in any manner, possess or allow the possession of any hazardous, toxic or infectious waste on or about the Premises. Hazardous, toxic or infectious waste shall mean any solid, liquid or gaseous waste, substance or emission or any combination thereof which may (i) cause or significantly contribute to an increase in mortality or in serious illness, or (ii) pose the risk of a substantial present or potential hazard to human health, to the environment or otherwise to animal or plant life, and shall include, without limitation, hazardous substances and materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 9601 et seq., 42 U.S.C. Section 6901 et seq.; and any other applicable federal, state or local Laws. Tenant shall immediately notify Landlord of the presence or suspected presence of any hazardous, toxic or infectious waste on or about the Premises and shall deliver to Landlord any notice received by Tenant relating thereto. Landlord and its agents shall have the right, but not the duty, to inspect the Premises and conduct tests thereon at any time to determine whether or the extent to which there is hazardous, toxic or infectious waste on the Premises. Landlord shall have the right to immediately enter upon the Premises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Tenant’s business but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss or damage to Tenant’s property or business caused thereby. If any lender or governmental agency shall ever require testing to ascertain whether there has been a release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement arose in whole or in part because of Tenant’s use of the Premises. Tenant shall execute affidavits, representations and the like from time to time, at Landlord’s request, concerning Xxxxxx’s best knowledge and belief regarding the presence of any hazardous, toxic or infectious waste on the Premises or Tenant’s intent to store or use toxic materials on the Premises. Tenant shall indemnify and hold harmless Landlord from any and all claims, loss, liability, costs, expenses or damage, including attorneys’ fees and costs of remediation, incurred by Landlord in connection with any breach by Tenant of its obligations under this section. The covenants and obligations of Tenant hereunder shall survive the expiration or earlier termination of this Lease. To its actual knowledge and without any duty to investigate such matter, Landlord warrants and represents to Tenant that as of the Commencement Date the Building (including the Premises) is in compliance with applicable Laws, and Landlord shall indemnify and hold Tenant harmless against and from all liabilities, fines, suits, procedures, claims and actions of every kind and costs associated therewith (including attorneys’ and consultants’ fees) arising out of the breach of such representation. The covenants and obligations of Landlord hereunder shall survive the expiration or earlier termination of this Lease.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. Tenant shall use the Premises and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. Tenant shall not commit, nor allow to be committed, in, on or about the Premises any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within the Premises any hazardous substance, equipment, or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (a) Tenant shall not use the Premises, the Building or the Property or allow the Premises Premises, the Building or the Property to be used in any manner deemed hazardous because of fire risk or otherwise. No Hazardous Material (as hereinafter defined), or equipment which does not bear the Underwriter's Laboratory approval, shall be brought or kept on the Premises, the Building or the Property, or adjacent areas, or stored or used therein, without the prior written consent of Landlord which consent may be withheld in Landlord's sole and absolute discretion. If any of Tenant's operations produce gases, vapors, odors, smoke, residuary material or noise disturbing to Landlord or the neighbors to the Premises, the Building or the Property or creates a private or public nuisance, Tenant will, on Landlord's written request, immediately cease such operation or immediately install ventilating or other apparatus necessary to eliminate such disturbances or nuisance, at Tenant's sole cost and expense. If Tenant installs equipment which unbalances or overloads electrical equipment or wiring in or about the Premises, the Building or the Property it shall immediately correct such unbalanced or overloaded condition and replace any equipment or wiring thereby damaged, at its sole cost and expense. Further, Tenant shall not deposit oil, grease, solvents or other substances in sewers or drains serving the Premises, the Building or the Property. In the event of a spill, discharge or release of the foregoing, Tenant shall have such sewers and drains cleaned at its sole cost and expense. (b) Tenant shall not use the Premises, the Building or the Property or allow the Premises, the Building or the Property to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, invalidate would void any policy of insurance now or hereafter hereinafter carried on the Premises Premises, the Building or the Property; render the Premises, the Building or the Property uninsurable; or increase the rate of premiums payable on any such insurance policy. Tenant, at its sole cost and expense, shall comply with any and all requirements of any insurance organization or company necessary for the maintenance of "all risks" insurance, including, without limitation, fire and other casualty and general public liability insurance covering the Premises, the Building and the Property. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord Landlord, as additional rent Additional Rent, for any increase in premiums charged during the Term of this Lease on the insurance carried by Landlord on the Premises and Premises, the Building or the Property and attributable to the use being made of the Premises Premises, the Building or the Property by Tenant. If Tenant stores pallets or other materials outside the Premises in a manner that fails to comply with local governmental regulations and, as a result thereof, Landlord incurs a casualty loss, Tenant agrees to pay the amount of Landlord's deductible. (c) Tenant acknowledges that nothing set forth in this Section 5.2 shall be deemed to give Tenant any right to use the Premises, the Building or the Property, other than as expressly set forth in this Lease. Table of Contents

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were when Tenant first took possession thereof and placed in a dumpster or shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises Premises, or the Building, any act of waste, including any act which might deface, damage or destroy the Premises Building, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury Injury to person or property or increase Increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding ; or do anything, or permit anything to be done, which would, in Landlord's opinion, disturb or tend to disturb other tenants occupying leased space In the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedBuilding. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity. Landlord reserves the night to direct the positioning of all heavy equipment, furniture and fixtures which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in In any manner other than the permitted uses which would, in Landlord's opinion, invalidate any policy of insurance Insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance Insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to onto reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (a) Tenant shall not use the Premises and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of allow the Premises until removed and placed to be used in a dumpster any manner deemed hazardous because of fire risk or other authorized container for the deposit of garbage and refuse, which otherwise. No hazardous substance or equipment shall be located in an area designated by Landlord. B. Tenant shall not commit, nor allow to be committed, in, brought or kept on or about the Premises any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within the Premises any hazardous substance, equipmentadjacent areas, or other thing which might cause injury to person stored or property used therein, without prior written consent of Landlord, except as used in the ordinary course of Tenant's business and at all times used in accordance with applicable laws. If any of Tenant's operations produce gases, vapors, odors, smoke, residuary material or increase the danger noise in violation of fire applicable law. Tenant will, on Landlord's written request, forthwith cease such operation or install ventilating or other casualty in, on apparatus to eliminate such disturbances. If Tenant installs equipment that unbalances or overloads electrical equipment or wiring in or about the Premises; , it shall correct such unbalanced or permit overloaded condition and replace any objectionable equipment or offensive noise wiring thereby damaged at its own expense. Tenant shall not deposit oil, grease, solvents or odors to be emitted from other substances in sewers or drains serving the Premises. Notwithstanding In the foregoingevent of a spill or release, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision shall have such sewers and use of such equipment is expressly permitteddrains cleaned at its expense. C. (b) Tenant shall not use the Premises, or allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, that would invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Tenant, at its sole expense, shall comply with any and all requirements of any insurance organization or company necessary for the maintenance of fire and public liability insurance covering the Premises and the Building at a reasonable cost. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the ----------------------- Premises, Tenant agrees to do the following: A. (1) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were on the Commencement Date, subject to ordinary and placed in a dumpster or reasonable wear and tear, and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (2) Tenant shall not commit, nor allow to be committed, in, on or about the Premises Premises, the Buildings or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Project, Buildings, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premisesproperty; or permit any objectionable or offensive noise or odors to be emitted from the Premises. (3) Tenant shall not overload the floors of the Premises beyond their designed weightbearing capacity. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment whichforegoing sentence to the contrary, but for this sentencesubject to Paragraph 10(b) hereof, might be deemed Tenant shall have the right to violate this provision continue to use the Premises in the same manner as Tenant has used the Premises prior to the sale and use transfer of such equipment is expressly permittedthe Premises to Landlord. C. (4) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, may require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant. Notwithstanding the foregoing provisions of this subsection (4) to the contrary, Tenant shall have the right to continue to use the Premises in the same manner as Tenant has used the Premises prior to the sale and transfer of the Premises to Landlord.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (a) Tenant shall use the Premises and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. (b) Tenant shall not commit, nor allow to be committed, in, on or about the Premises any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within the Premises any hazardous substance, equipment, or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (c) Tenant shall not use the Premises, or allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Landlord acknowledges that the Use contemplated in Section 1.02 will not invalidate such insurance policies or increase the premiums thereunder. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (1) Tenant shall use the Premises and conduct its business therein thereon and throughout the Project in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were on the Commencement Date, subject to ordinary and placed in a dumpster or reasonable wear and tear, and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (2) Tenant shall not commit, nor allow to be committed, in, on or about the Premises or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Development Building, Project or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premisesproperty; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (3) Tenant shall not overload the floors of the Premises beyond their designed weight bearing capacity. (4) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, may require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were when Tenant first took possession thereof, reasonable wear and placed in a dumpster or tear excepted, and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Project or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding ; or do anything, or permit anything to be done, which would, in Landlord’s reasonable opinion, disturb other tenants occupying leased space in the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedProject. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity. Landlord reserves the right to direct the positioning of all heavy equipment, furniture and fixtures which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. Tenant shall provide Landlord with specifications of all heavy equipment, furniture and fixtures during the space planning and design process. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's ’s reasonable opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant. (v) Tenant shall use the Premises and conduct its business thereon in a manner which is designed to prevent unusual moisture conditions or mold growth particularly in kitchen areas, janitor closets, bathrooms, breakrooms and around outside walls. Tenant shall use good housekeeping and ventilation practices for moisture control and mold prevention and in particular, Tenant shall not block or inhibit the flow of return or make-up air into the HVAC system. Tenant shall immediately notify Landlord and Landlord’s building manger if Tenant observes any mold, mildew or moisture conditions from any sources (including leaks) and shall allow Landlord and its building manager to inspect the Premises, make recommendations to Tenant for curative action and/or take appropriate corrective action.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good condition as they were when Tenant first took possession thereof, ordinary wear and placed acts of God excepted, and shall make all necessary repairs to the Premises other than those which Landlord is obligated to make as provided in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlordthis Lease. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises or the Buildings, any act of waste, including any act which might deface, damage or destroy the Premises Buildings or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding ; or do anything or permit anything to be done which would, in Landlord's reasonable opinion, disturb or tend to disturb other tenants occupying leased space in the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedBuildings. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity, which Landlord has determined to be eighty (80) pounds per square foot live load, including an allowance for partition load. Landlord reserves the right reasonably to direct the positioning of all heavy equipment, furniture and fixture which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. (iv) Tenant shall not use the Premises, Premises or allow the Premises to be used, used for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building Buildings or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, may require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Leased Premises, Tenant agrees to do the following: A. Tenant shall use the Premises and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. Tenant shall not commit, nor allow to be committed, in, on or about the Premises any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within the Premises any hazardous substance, equipment, or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (a) Tenant shall not use the Leased Premises in any hazardous manner because of fire risk or otherwise without taking normal precautions. No hazardous substance or equipment shall be brought or kept on the Leased Premises or adjacent areas, or stored or used therein, in violation of any applicable laws. If any of Tenant's operations produce gases, vapors, odors, smoke, residuary material or noise other than that which is currently produced by its operations or which is significantly disturbing to the other tenants of the Premises, Tenant will, on Landlord's written request, forthwith cease such operation and shall install ventilating or other apparatus to eliminate such disturbances. If Tenant installs equipment which unbalances or overloads electrical equipment or wiring in or about the Leased Premises, it shall correct such unbalanced or overloaded condition and replace any equipment or wiring thereby damaged at its own expense. Tenant shall not deposit oil, grease, solvents or other toxic or hazardous substances in sewers or drains serving the Leased Premises in violation of any Environmental Laws. In the event of a spill or release by Tenant in violation of any Environmental Laws, Tenant shall have such sewers and drains cleaned at its expense. (b) Tenant shall not use the Leased Premises, or allow the Leased Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Tenant, at its sole expense, shall comply with any and all reasonable requirements of any insurance organization or company necessary for the maintenance of fire and public liability insurance covering the Leased Premises and the Building at a reasonable cost and upon reasonable prior written notice of such requirements and an opportunity to modify its activities. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Leased Premises and the Building and attributable to the use being made of the Leased Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were when Tenant first took possession thereof and placed in a dumpster or shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises Premises, Property or the Building and appurtenant areas, any act of waste, including any act which might deface, damage or destroy the Premises Premises, Property or the Building or appurtenant areas, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises; or do anything, or permit anything to be done, which would, in Landlord’s opinion, disturb or tend to disturb other tenants occupying leased space in the Building or Property. Notwithstanding Upon Landlord’s request, Tenant shall immediately take such action as is necessary to eliminate any noise, odor or disturbance emitted from the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedPremises. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity. Landlord reserves the right to direct the positioning of all heavy equipment, furniture and fixtures which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's ’s opinion, invalidate any policy of insurance now or hereafter carried on the Premises Building or the Building Property or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent Additional Rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant. (v) Tenant shall not in any manner use, maintain or allow the use or maintenance of the Premises in violation of any law, ordinance, statute, regulation, rule or order (collectively “Laws”) of any governmental authority, including but not limited to, Laws governing zoning, health, safety (including fire safety), occupational hazards, and pollution and environmental control. Tenant shall not use, maintain or allow the use or maintenance of the Premises or any part thereof to treat, store, dispose of, transfer, release, convey or recover hazardous, toxic or infectious waste nor shall Tenant otherwise, in any manner, possess or allow the possession of any hazardous, toxic or infectious waste on or about the Premises. Hazardous, toxic or infectious waste shall mean any solid, liquid or gaseous waste, substance or emission or any combination thereof which may (i) cause or significantly contribute to an increase in mortality or in serious illness, or (ii) pose the risk of a substantial present or potential hazard to human health, to the environment or otherwise to animal or plant life, and shall include, without limitation, hazardous substances and materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 9601 et. seq., 42 U.S.C. Section 6901 et. seq; and any other applicable federal, state or local Laws. Tenant shall immediately notify Landlord of the presence or suspected presence of any hazardous, toxic or infectious waste on or about the Premises and shall deliver to Landlord any notice received by Tenant relating thereto. Landlord and its agents shall have the right, but not the duty, to inspect the Premises and conduct tests thereon at any time to determine whether or the extent to which there is hazardous, toxic or infectious waste on the Premises. Landlord shall have the right to immediately enter upon the Premises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Tenant’s business but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss or damage to Tenant’s property or business caused thereby. If any lender or governmental agency shall ever require testing to ascertain whether there has been a release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement arose in whole or in part because of Tenant’s use of the Premises. Tenant shall execute affidavits, representations and the like from time to time, at Landlord’s request, concerning Tenant’s best knowledge and belief regarding the presence of any hazardous, toxic or infectious waste on the Premises or Tenant’s intent to store or use toxic materials on the Premises. Tenant shall indemnify and hold harmless Landlord from any and all claims, loss, liability, costs, expenses or damage, including attorneys’ fees and costs of remediation, incurred by Landlord in connection with any breach by Tenant of its obligations under this section. The covenants and obligations of Tenant hereunder shall survive the expiration or earlier termination of this Lease.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were when Tenant first took possession thereof and placed in a dumpster or shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises Premises, the Building or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Project, Building, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding ; or do anything, or permit anything to be done, which would, in Landlord's opinion, disturb or tend to disturb other tenants occupying leased space in the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedBuilding. C. (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity. Landlord reserves the right to direct the positioning of all heavy equipment, furniture and fixtures which Tenant desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment or furniture which exceeds the weight limit specified herein. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (1) Tenant shall use the Premises and conduct its business therein thereon and throughout the Project in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were on the Commencement Date, subject to ordinary and placed in a dumpster or reasonable wear and tear, and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (2) Tenant shall not commit, nor allow to be committed, in, on or about the Premises or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Fab I Building, Project or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premisesproperty; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (3) Tenant shall not overload the floors of the Premises beyond their designed weightbearing capacity. (4) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, may require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (1) Tenant shall use the Premises and conduct its business therein thereon and throughout the Project in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were on the Commencement Date, subject to ordinary and placed in a dumpster or reasonable wear and tear, and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (2) Tenant shall not commit, nor allow to be committed, in, on or about the Premises or the Project, any act of waste, including any act which might deface, damage or destroy the Premises Conference Center, Project or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premisesproperty; or permit any objectionable or offensive noise or odors to be emitted from the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. (3) Tenant shall not overload the floors of the Premises beyond their designed weightbearing capacity. (4) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, may require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant.

Covenants Regarding Use. In connection with its use of the Sublet Premises, Tenant agrees Sublessor and Sublessee agree to do the following: A. Tenant (a) Sublessee shall use the Sublet Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. Tenant (b) Sublessee shall not commit, nor allow to be committedcommitted by any of its employees or invitees, in, on or about the Sublet Premises or the Premises, any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within on the Sublet Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Sublet Premises; or permit any objectionable or offensive noise or odors to be emitted from the Sublet Premises. Notwithstanding ; or do anything, or permit anything to be done, which would, in Sublessor’s reasonable opinion, disturb or tend to disturb other individuals occupying or using space in the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedPremises. C. Tenant (c) Sublessee shall not overload the floors of the Sublet Premises beyond their designed weight-bearing capacity. (d) Sublessee shall not use the Sublet Premises, or nor allow the Sublet Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's Sublessor’s opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Should Tenant Sublessee fail to comply with this covenant, Landlord Sublessor may, at its option, require Tenant Sublessee to stop engaging in such activity or to reimburse Landlord Sublessor as additional rent fees for any increase in premiums charged during the Term of this Lease Sublease on the insurance carried by Landlord Sublessor on the Premises and the Building and attributable to the use being made of the Sublet Premises by Sublessee. (e) Unless extended hours are permitted by Sublessor to any other building occupant, access to the Sublet Premises is limited to 7:00 a.m. to 9:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 3:00 p.m., with limited access on Sundays (as determined by Landlord from time to time) or recognized holidays. (f) Sublessor will be responsible for heating, air conditioning and electricity, basic cleaning (vacuuming, dusting and emptying of waste baskets) on a daily basis to the extent the Landlord is obligated to provide such items to Sublessor under the Prime Lease and provided Sublessee pays its proportionate share of the costs therefor which costs shall be included within Sublessee’s proportionate share of Tenant’s Pro Rata Share of Expenses. Upon presentation of billing statements, Sublessee shall reimburse Sublessor for coffee service contracted for by Sublessor based on Sublessee’s use.

Covenants Regarding Use. In connection with its use of the Sublet Premises, Tenant agrees Sublessor and Sublessee agree to do the following: A. Tenant (a) Sublessee shall use the Sublet Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord. B. Tenant (b) Sublessee shall not commit, nor allow to be committed, in, on or about the Sublet Premises or the Premises, any act of waste, including any act which might deface, damage or destroy the Premises or any part thereof; use or permit to be used within on the Sublet Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Sublet Premises; or permit any objectionable or offensive noise or odors to be emitted from the Sublet Premises. Notwithstanding ; or do anything, or permit anything to be done, which would, in Sublessor's reasonable opinion, disturb or tend to disturb other individuals occupying or using space in the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedPremises. C. Tenant (c) Sublessee shall not overload the floors of the Sublet Premises beyond their designed weight-bearing capacity. (d) Sublessee shall not use the Sublet Premises, or nor allow the Sublet Premises to be used, for any purpose or in any manner other than the permitted uses which would, in LandlordSublessor's opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Should Tenant Sublessee fail to comply with this covenant, Landlord Sublessor may, at its option, require Tenant Sublessee to stop engaging in such activity or to reimburse Landlord Sublessor as additional rent fees for any increase in premiums charged during the Term of this Lease Sublease on the insurance carried by Landlord Sublessor on the Premises and the Building and attributable to the use being made of the Sublet Premises by TenantSublessee. (e) Access to the Sublet Premises is limited to 5:30 a.m. to 10:00 p.m. Monday through Friday, Saturday 5:30 a.m. to 5:00 p.m. with no access, except in the case of emergencies, on Sundays or recognized holidays. Sublessor shall identify two (2) individuals together with such individuals' telephone numbers for Sublessee to contact in the case of emergencies for purposes of clearing the alarm to grant Sublessee access to the Sublet Premises. (f) The Sublessor receptionist will greet Sublessee's visitors in the lobby area of the Premises and announce their arrival to Sublessee. (g) Sublessor will be responsible for heating, air conditioning (no special accommodations), electricity, coffee service, basic cleaning (vacuuming, dusting and emptying of waste baskets) on a daily basis.

Covenants Regarding Use. In connection with its use of the Premises, Tenant Lessee agrees to do the following: A. Tenant Lessee shall use the Premises and conduct its business therein thereon for the purpose specified in Item D of the Basic Lease Provisions in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish conforming to good practice in Lessee’s trade or other refuse industry and to reasonable recommendations of Lessor’s insurance underwriters. Lessee agrees to fully cooperate with the Lessor and neighboring Lessees in sealed containers within the interior full utilization of the common areas and the Premises until removed and placed in a dumpster or other authorized container for generally to the deposit benefit of garbage and refuse, which shall be located in an area designated by Landlordall Lessees. B. Tenant Lessee shall not commit, nor allow to be committed, in, on or about the Premises of the Building, any act of waste, including any act which might deface, damage or destroy the Premises Building or any part thereof; use or permit to be used within . Lessee shall not overload the floors of the Premises beyond their designed weight-bearing capacity. C. Lessee shall not use the Premises in any manner deemed hazardous substancebecause of fire risk or otherwise or, equipmentunless Lessor shall first consent in writing, for any purpose other than hereinbefore stated. No hazardous substance or equipment shall be brought or kept on the Premises or adjacent areas or stored or used herein, without the prior written consent of Lessor. If any of Lessee’s operations produce gases, vapors, odors, smoke, residuary material or noise disturbing to Lessor or the Lessees of Lessor’s property, Lessee will, on Lessor’s written request, forthwith cease such operation or install ventilating or other thing apparatus to eliminate such disturbances. If Lessee installs equipment which might cause injury to person unbalances or property overloads electric equipment or increase the danger of fire or other casualty in, on wiring in or about the Premises; , it shall correct such unbalanced or permit any objectionable overloaded condition and replace equipment or offensive noise wiring thereby damaged at its own expense. If Lessee deposits grease or odors to be emitted from other substances in sewers or drains serving the Premises. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but it shall have such sewers or drains cleaned at its expense as often as Lessor considers necessary for this sentence, might be deemed to violate this provision their continuous and use of such equipment is expressly permittedunrestricted operation. C. Tenant D. Lessee shall not use the Premises, or allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, would invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Should Tenant Lessee fail to comply with this covenant, Landlord Lessor may, at its option, require Tenant Lessee to stop engaging in such activity or to reimburse Landlord Lessor as additional rent for any increase in premiums charged during the Term term of this Lease on the insurance carried by Landlord Lessor on the Premises and the Building and attributable to the use being made of the Premises by TenantLessee. Lessee agrees to provide and maintain appropriate fire equipment as determined and recommended by the Kentucky Inspection Bureau and in accordance with State and Municipal Fire Regulations which may be required by the Lessee’s use of the Premises. E. Lessee shall not inscribe, paint, affix or display any signs, advertisements or notices on the Building or in the windows of the Premises. Lessee may, at its expense, place signage on the eyebrow of the building subject to Lessor’s review and approval.

Covenants Regarding Use. In connection with its use of the PremisesBuilding, Tenant agrees to do the following: A. Tenant shall use the Premises Building and conduct its business therein in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of the Premises Building until removed and placed in a dumpster or other authorized container for the deposit of garbage and refuse, which shall be located in an area designated by Landlord; shall not permit such garbage, trash, rubbish or refuse to accumulate; and shall have such garbage, trash, rubbish and refuse removed from said designated area at least once per week. B. Tenant shall not commit, nor allow to be committed, in, on or about the Premises Building any act of waste, including any act which might deface, damage or destroy the Premises Building or any part thereof; use or permit to be used within the Premises Building any hazardous substance, equipment, or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the PremisesBuilding; or permit any objectionable or offensive noise or odors to be emitted from the PremisesBuilding. Notwithstanding the foregoing, Landlord acknowledges that Tenant will utilize certain distribution equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permitted. C. Tenant shall not use the PremisesBuilding, or allow the Premises Building to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's opinion, invalidate any policy of insurance now or hereafter carried on the Premises or the Building or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent for any increase in premiums charged during the Term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises Building by Tenant.

Covenants Regarding Use. In connection with its use of the Premises, Tenant agrees to do the following: A. (i) Tenant shall use the Premises and conduct its business therein thereon in a safe, careful, reputable and lawful manner; shall keep any garbage, trash, rubbish or other refuse in sealed containers within the interior of and maintain the Premises until removed in as good a condition as they were when Tenant first took possession thereof (normal wear and placed in a dumpster or tear excepted) and shall make all necessary repairs to the Premises other authorized container for the deposit of garbage and refuse, than those which shall be located in an area designated by LandlordLandlord is obligated to make as provided elsewhere herein. B. (ii) Tenant shall not commit, nor allow to be committed, in, on or about the Premises Premises, Project or the Building and appurtenant areas, any act of waste, including any act which might deface, damage or destroy the Premises Premises, Project or the Building or appurtenant areas, or any part thereof; use or permit to be used within on the Premises any hazardous substance, equipment, equipment or other thing which might cause injury to person or property or increase the danger of fire or other casualty in, on or about the Premises; or permit any objectionable or offensive noise noises or odors to be emitted from the Premises; or do anything, or permit anything to be done, which would, in Landlord’s opinion, disturb or tend to disturb other tenants occupying leased space in the Building or Project. Notwithstanding For the foregoingavoidance of doubt, both parties agree that Tenant’s current manufacturing assembly operations do not constitute objectionable or offensive noises or odors. COMMERCIAL LEASE (iii) Tenant shall not overload the floors of the Premises beyond their designed weight-bearing capacity. Landlord acknowledges that reserves the right to direct the positioning of all heavy equipment, furniture and fixtures which Tenant will utilize certain distribution desires to place in the Premises so as to distribute properly the weight thereof, and to require the removal of any equipment which, but for this sentence, might be deemed to violate this provision and use of such equipment is expressly permittedor furniture which exceeds the weight limit specified herein. C. (iv) Tenant shall not use the Premises, or nor allow the Premises to be used, for any purpose or in any manner other than the permitted uses which would, in Landlord's ’s opinion, invalidate any policy of insurance now or hereafter carried on the Premises Building or the Building Project or increase the rate of premiums payable on any such insurance policy. Should Tenant fail to comply with this covenant, Landlord may, at its option, require Tenant to stop engaging in such activity or to reimburse Landlord as additional rent Additional Rent for any increase in premiums charged during the Term of this Lease on the insurance carried by Landlord on the Premises and the Building and attributable to the use being made of the Premises by Tenant. For the avoidance of doubt, Landlord agrees that Tenant’s intended use of the Premises for manufacturing assembly is in compliance with this covenant and does not invalidate any of Landlord’s insurance policies or increase the rate of premiums payable thereon. (v) Tenant shall not in any manner use, maintain or allow the use or maintenance of the Premises in violation of any law, ordinance, statute, regulation, rule or order (collectively “Laws”) of any governmental authority, including, but not limited to, Laws governing zoning, health, safety (including fire safety), occupational hazards, and pollution and environmental control. Tenant shall not use, maintain or allow the use or maintenance of the Premises or any part thereof to treat, store, dispose of, transfer, release, convey or recover hazardous, toxic or infectious waste nor shall Tenant otherwise, in any manner, possess or allow the possession of any hazardous, toxic or infectious waste on or about the Premises. Hazardous Materials shall be deemed not to include materials customarily used by office building tenants in typical office quantities and manufacturing assembly tenants in typical manufacturing assembly quantities that do not violate legal requirements regarding health, safety or the environment. As used herein, “Hazardous Materials” shall mean any substances, materials or wastes subject to regulation by law from time to time in effect concerning hazardous, toxic or radioactive materials, including without limitation any solid, liquid or gaseous waste, substance or emission or any combination thereof which may (i) cause or significantly contribute to an increase in mortality or in serious illness, or (ii) pose the risk of a substantial present or potential hazard to human health, to the environment or otherwise to animal or plant life, and shall include, without limitation, hazardous substances and materials described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended; and any other applicable federal, state or local Laws. Tenant shall immediately notify Landlord of the presence or suspected presence of any Hazardous Materials on or about the Premises and shall deliver to Landlord any notice received by Tenant relating thereto. Landlord and its agents shall have the right, but not the duty, to inspect the Premises and conduct tests thereon at any time to determine whether or the extent to which there is Hazardous Materials on the Premises. Landlord shall have the right to immediately enter upon the Premises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Tenant’s business but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss or damage to Tenant’s property or business caused thereby. If any lender or governmental agency shall ever require testing to ascertain whether there has been a release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement arose in whole or in part because of Tenant’s use of the Premises. Tenant shall execute affidavits, representations and the like from time to time, at Landlord’s request, concerning Tenant’s knowledge and belief regarding the presence of any Hazardous Materials on the Premises or Tenant’s intent to store or use toxic materials on the Premises. The covenants and obligations of Tenant hereunder shall survive the expiration or earlier termination of this Lease. COMMERCIAL LEASE Landlord shall be responsible, at its cost, and not as an Operating Cost, to maintain the Building and common areas free from Hazardous Materials, and shall not otherwise, in any manner, possess or allow the possession of any Hazardous Materials on or about the Building, and shall keep the Building free of all Hazardous Materials (as defined below) and indemnifies Tenant from all loss, liability, damage and expense arising from the presence of Hazardous Materials, except to the extent placed in the Building by Tenant or Tenant’s representatives, agents, employees or contractors.