Common use of General Covenants and Limitations on Use Clause in Contracts

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises. All unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the Premises. Neither Tenant nor Tenant's Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 2 contracts

Samples: Copper Mountain Networks Inc, Copper Mountain Networks Inc

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General Covenants and Limitations on Use. Tenant shall may not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premisespremises or the Project, provided Landlord has notified Tenant and given Tenant a reasonable opportunity to bring its use into compliance to avoid cancellation of insurance or to procure alternative insurance reasonably acceptable to Landlord. If the rate of any insurance carried by Landlord is increased as a result of Tenant's ’s particular use or Tenant's failure to continuously use and occupy of the Premises, Tenant shall pay to Landlord, within ten 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no shall take all reasonable precautions to prevent any noxious or offensive activity shall be from being carried on, in in, on, or upon around the Premises nor shall Premises, and to prevent anything be from being done or kept in in, on, or around the Premises which that may be or become a public nuisance or which that may cause unreasonable disturbance disturbance, or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that endFor example, Tenant additionally covenants and agrees that no light shall be emitted take all reasonable measures to eliminate or minimize any noxious odors emanating from the Premises which Premises; provided, however, if in Landlord’s reasonable opinion, the vivarium is unreasonably bright producing offensive or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Buildingodors, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale"install and maintain carbon filters (at its sole costs), public auctionbut the filter-housing will be provided by Landlord at its costs. Without limiting the generality of the foregoing, sidewalk sale, going out of business sale, or other such event in or about the Premises. All all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from viewPremises; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit in any odor or objectionable noises or lights onto trash areas in the Project or nearby propertiesdesignated by Landlord (provided that Landlord has provided adequate trash areas for the Project); and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall may not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding seeing-eye certified service dogs), bird, reptile, or other exotic creature in in, on or around the Premises, except for any research rodents (i.e., mice, hamsters, gerbils, and rats) residing in enclosed cages within the vivarium area in accordance with all Applicable Regulations subject to Section 5.6 below. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall may do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event Tenant shall ensure that none of any breach of this Paragraph 5 by Tenant its employees, agents or Tenant's Invitees, Landlord, at its election, may pay ’s Invitees prop open any doors or window or circumvent any security for the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of LandlordProject.

Appears in 2 contracts

Samples: Lease Agreement (Phenomix CORP), Sublease Agreement (Anadys Pharmaceuticals Inc)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's ’s use or Tenant's ’s failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or unreasonably offensive activity shall be carried on, in or upon the Premises by Tenant or Tenant’s Invitees (as defined below), nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in on the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, employment fair, or other such event in or about the PremisesPremises or the Project. All unsightly In addition, Tenant covenants and agrees that no unsightliness shall be permitted in the Premises which is visible from the Common Areas. Without limiting the generality of the foregoing, all equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the PremisesPremises and promptly and properly disposed of; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as other than use of a restaurantmicrowave oven or toaster oven for uses typically used in office settings) or the preparation, manufacture, or mixing of anything that might emit any offensive odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the Premises. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, television, radio, or similar signals. In the event of any breach of this Paragraph 5 by Tenant or Tenant's ’s Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the reasonable cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Gross Office Lease (Bakbone Software Inc)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premises’s use, Tenant shall pay to Landlord, within ten (10) days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in on the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises. All In addition, Tenant covenants and agrees that no unsightliness shall be permitted in the Premises. Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, polespolls, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the PremisesPremises unless Tenant operates a bona fide pet store, pet grooming facility, or other veterinary medicine clinic, hospital, and /or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and such use has been specifically approved in writing by Landlord, which consent may be withheld in Landlord’s sole discretion. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's ’s Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed cost as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlordadditional rent.

Appears in 1 contract

Samples: Standard Retail Lease (1st Pacific Bancorp)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's ’s use or Tenant's ’s failure to continuously use and occupy the Premises, Tenant shall pay to Landlord, within ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or unreasonably offensive activity shall be carried on, in or upon the Premises by Tenant or Tenant’s Invitees (as defined below), nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in on the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which Landlord /s/ JC Tenant /s/ RCB are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, employment fair, or other such event in or about the PremisesPremises or the Project. All unsightly In addition, Tenant covenants and agrees that no unsightliness shall be permitted in the Premises which is visible from the Common Areas. Without limiting the generality of the foregoing, all equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within appropriate containers in the Premises; Premises and promptly and properly disposed of, the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as other than use of a restaurantmicrowave oven or toaster oven for uses typically used in office settings) or the preparation, manufacture, or mixing of anything that might emit any offensive odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the Premises. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, equipment, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the ProjectProject or be allowed to interfere with the equipment of any other tenant within the Project (or other property owned by Landlord or its affiliates), including, without limitation, interference with transmission and reception of telephone, television, radio, or similar signals. In the event of any breach of this Paragraph 5 by Tenant or Tenant's ’s Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the reasonable cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Office Lease (Captiva Software Corp)

General Covenants and Limitations on Use. Tenant shall may not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the PremisesPremises or the Project. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premises’s use, Tenant shall pay to Landlord, within ten 10 days after Landlord delivers to Tenant a notice of such increaseincrease (and reasonable proof it was caused by Tenant), the amount of such increase. Furthermore, Tenant covenants and agrees that no No noxious or offensive activity shall may be carried on, in in, on, or upon around the Premises Premises, nor shall may anything be done or kept in in, on, or around the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that endFor example, Tenant additionally covenants and agrees that no light shall may be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall may be emitted from the Premises which are unreasonably loud or annoying; and no odor shall may be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct ; and no unsightliness is permitted in, on or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event in or about around the Premises. All Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the PremisesPremises (provided that Tenant’s existing rooftop equipment can remain on the Property and any reasonable changes to such equipment (reasonably approved by Landlord) may be made by Tenant). Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof Except in the trash containers or dumpsters located adjacent to the Building. Furtheran enclosed vivarium, Tenant shall may not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye certified service dogs), bird, reptile, or other exotic creature in in, on or around the Premises. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall may do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall may be used or operated in or on the Premises that which can be felt outside the Premises or which imposes a risk of damage to the structure of the Premises and will in any manner injure, vibrate, or shake all or any part of the Project. In the event Tenant shall ensure that none of any breach of this Paragraph 5 by Tenant its employees, agents or Tenant's Invitees, Landlord, at its election, may pay ’s Invitees prop open any external doors or windows or circumvent any security for the cost of correcting such breach and Project. Tenant shall immediately, upon demand, may pay acknowledges that the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything Common Area will not be accessible to the contrary contained in this Lease, public except during normal business hours for the multi-tenant Buildings (but Tenant shall not be responsible for compliance with has such access and may facilitate access by Tenant’s Invitees subject to Landlord’s reasonable security requirements). In no event may Tenant use any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy portion of the Premises. For exampleCommon Area for loading, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquakeunloading, or should require the removal of asbestos from the Premises and parking, except in those areas specifically designated by Landlord for such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use purposes, nor for any sidewalk sale, advertising, or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlordsimilar commercial purpose.

Appears in 1 contract

Samples: Lease (Neurocrine Biosciences Inc)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premisesuse, Tenant shall pay to Landlord, within ten 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises (provided, however, that none of Tenant's business operations in the Premises which are consistent with Tenant's business operations in the Premises as of the date of this Lease shall be considered "noxious or offensive" for purposes of this Section 5.3) nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance or annoyance to others in the Building, in the Project, or on adjacent or nearby propertynuisance. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, reasonable occupants or invitees on the Project, Project or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises. All unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the Premises. Neither Tenant nor Tenant's Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Neurocrine Biosciences Inc)

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General Covenants and Limitations on Use. Tenant shall may not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the PremisesPremises or the Project. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premises’s use, Tenant shall pay to Landlord, within ten 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no No noxious or offensive activity shall may be carried on, in in, on, or upon around the Premises Premises, nor shall may anything be done or kept in in, on, or around the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that endFor example, Tenant additionally covenants and agrees that no light shall may be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall may be emitted from the Premises which are unreasonably loud or annoying; and no odor shall may be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct ; and no unsightliness is permitted in, on or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event in or about around the Premises. All Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall may not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye certified service dogs), bird, reptile, or other exotic creature in in, on or around the Premises. Neither Tenant nor Tenant's ’s Invitees (as defined in Paragraph 6 below) shall may do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event Tenant shall ensure that none of any breach of this Paragraph 5 by Tenant its employees, agents or Tenant's Invitees, Landlord, at its election, may pay ’s Invitees prop open any external doors or windows or circumvent any security for the cost of correcting such breach and Project. Tenant shall immediately, upon demand, may pay acknowledges that the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything Common Area will not be accessible to the contrary contained in this Lease, public except during Business Service Hours for the multi-tenant Buildings. In no event may Tenant shall not be responsible for compliance with use any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy portion of the Premises. For exampleCommon Area for loading, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquakeunloading, or should require the removal of asbestos from the Premises and parking, except in those areas specifically designated by Landlord for such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use purposes, nor for any sidewalk sale, advertising, or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlordsimilar commercial purpose.

Appears in 1 contract

Samples: Lease Agreement (Nuvasive Inc)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premisesuse, Tenant shall pay to Landlord, within ten days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, Project or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale"Without limiting the generality of the foregoing, public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises. All all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby propertiesproperties (however, baking odors will not be deemed objectionable); and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the BuildingPremises. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the PremisesPremises unless Tenant operates a bona fide pet store, pet grooming facility, or other veterinary medicine clinic, hospital, and/or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and such use has been specifically approved in writing by Landlord, which consent may be withheld in Landlord's sole discretion. Neither Tenant nor Tenant's Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 10 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay reimburse Landlord for the cost thereof, plus a supervisory fee in the amount of ten 15 percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Lease (Paramark Enterprises Inc)

General Covenants and Limitations on Use. Tenant shall not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises. If the rate of any insurance carried by Landlord is increased as a result of Tenant's use or Tenant's failure to continuously use and occupy the Premisesuse, Tenant shall pay to Landlord, within ten 10 days after Landlord delivers to Tenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance embarrassment, disturbance, or annoyance to others in the Building, in on the Project, or on adjacent or nearby property. To that end, Tenant additionally covenants and agrees that no light shall be emitted from the Premises which is unreasonably bright or causes unreasonable glare; no sounds shall be emitted from the Premises which are unreasonably loud or annoying; and no odor shall be emitted from the Premises which is or might be noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. In addition, Tenant covenants and agrees that no unsightliness shall not conduct or permit any "fire sale", public auction, sidewalk sale, going out of business sale, or other such event be permitted in or about the Premises. All Without limiting the generality of the foregoing, all unsightly equipment, objects, and conditions shall be kept enclosed within the Premises and screened from view; no refuse, scraps, debris, garbage, trash, bulk materials, or waste shall be kept, stored, or allowed to accumulate except as may be properly enclosed within the Premises; the Premises shall not be used for sleeping or washing clothes, nor shall use the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall be kept and maintained enclosed within the Premises. Tenant shall be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises which does not fit within a regular office waste bin, and the deposit thereof in the trash containers or dumpsters located adjacent to the Building. Further, Tenant shall not keep or permit to be kept any bicycle, motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in the PremisesPremises unless Tenant operates a bona fide pet store, pet grooming facility, or other veterinary medicine clinic, hospital, and/or related animal care facility under direct operation and supervision of a State Licensed Veterinarian, and such use has been specifically approved in writing by Landlord, which consent may be withheld in Landlord's sole discretion. Neither Tenant nor Tenant's Invitees (as defined in Paragraph 6 below) shall do anything that will cause damage or waste to the Project. Neither the floor nor any other portion of the Premises shall be overloaded. No machinery, apparatus, or other appliance shall be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Project. In the event of any breach of this Paragraph 5 by Tenant or Tenant's Invitees, Landlord, at its election, may pay the cost of correcting such breach and Tenant shall immediately, upon demand, may pay the cost thereof, plus a supervisory fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Lightspan Partnership Inc

General Covenants and Limitations on Use. Tenant shall Subtenant may not do, ---------------------------------------- bring, or keep anything in or about the Premises that will cause a cancellation of any insurance covering the Premises, the Building, or the Project. If the rate of any insurance carried by Landlord Sublessor or the Manager is increased as a result of Tenant's Subtenant’s use or Tenant's failure to continuously use and occupy occupancy of the Premises, Tenant Subtenant shall pay to LandlordSublessor, within ten 10 days after Landlord Sublessor delivers to Tenant Subtenant a notice of such increase, the amount of such increase. Furthermore, Tenant covenants and agrees that no noxious or offensive activity shall be carried on, in or upon the Premises nor shall anything be done or kept in the Premises which may be or become a public nuisance or which may cause unreasonable disturbance or annoyance to others in the Building, in the Project, or on adjacent or nearby property. To that end, Tenant additionally Subtenant covenants and agrees that no light shall will be emitted from the Premises by Subtenant which is unreasonably bright or causes unreasonable glare; no sounds shall will be emitted from the Premises by Subtenant which are unreasonably loud or annoying; and no odor shall will be emitted from the Premises by Subtenant which is or might be unreasonably noxious or offensive to others in the Building, on the Project, or on adjacent or near-by property. Tenant shall not conduct or permit any "fire sale"In addition, public auction, sidewalk sale, going out of business sale, or other such event in or about the Premises. All unsightly equipment, objects, Subtenant covenants and conditions shall agrees to use commercially reasonable efforts so that no unsightliness will be kept enclosed within permitted upon the Premises and screened from view; by Subtenant. Without limiting the generality of the foregoing, no refuse, scraps, debris, garbage, trash, hazardous or toxic substances, bulk materials, or waste shall may be kept, stored, or allowed to accumulate accumulated within the Premises except as may be properly enclosed within and which meets the Premisesother requirements of this Sublease; the Premises shall may not be used for sleeping or washing clothes, nor shall may Subtenant use the Premises be used for cooking (unless the Permitted Use is as a restaurant) or the preparation, manufacture, or mixing of anything that might emit any odor or objectionable noises or lights onto the Project or nearby properties, except as otherwise provided to the contrary in this Sublease; and all pipes, wires, poles, antennas, and other facilities for utilities or the transmission or reception of audio or visual signals shall must be kept and maintained enclosed within the Premises. Tenant shall Subtenant will be solely responsible for the timely removal of all refuse, scraps, debris, garbage, trash, bulk materials, or waste from the Premises and the deposit thereof in the trash containers or dumpsters located adjacent to the Buildingbe maintained by Sublessor on Lot 3. Further, Tenant shall Subtenant may not keep or permit to be kept any motorcycle, or other vehicle, nor any animal (excluding seeing-eye dogs), bird, reptile, or other exotic creature in on the Premises. Neither Tenant Subtenant nor Tenant's Invitees Subtenant’s guests, invitees, customers, and licensees (as defined in Paragraph 6 belowcollectively, “Subtenant’s Invitees”) shall may do anything that will cause damage or waste to the Building or Project. Neither the floor nor any other portion of the Premises shall may be overloaded. No machinery, apparatus, or other appliance shall may be used or operated in or on the Premises that will in any manner injure, vibrate, or shake all or any part of the Building or the balance of the Project. In the event of any breach of this Paragraph 5 5.5 by Tenant Subtenant or Tenant's Subtenant’s Invitees, LandlordSublessor, at its election, may pay the cost of correcting such breach and Tenant Subtenant shall immediately, upon demand, may pay (as Additional Rent) the cost thereof, thereof plus a supervisory an administrative fee in the amount of ten percent (10%) of such cost. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or other governmental directives where such compliance would require capital expenditures and is not related specifically to Tenant's use and occupancy of the Premises. For example, if any governmental authority should require the Building or the Premises to be structurally strengthened against earthquake, or should require the removal of asbestos from the Premises and such measures are imposed as a general requirement applicable to all tenants rather than as a condition to Tenant's specific use or occupancy of the Premises, such work shall be performed by and at the sole cost of Landlord.

Appears in 1 contract

Samples: Sublease Agreement (iVOW, Inc.)

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