LAWS AND ORDINANCES. (a) Tenant will, at its own cost, promptly comply with and carry out all orders, requirements or conditions now or hereafter imposed upon it during the Lease Term, by the ordinances, laws and/or regulations of the municipality, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises or are as a result of Tenant's use and occupancy of the Premises ("Legal Requirements"), whether required of Landlord or otherwise, in the conduct of Tenant's business, including, without limitation, all local, state and federal laws and regulations respecting the storage, handling and use of any hazardous waste, infectious waste or other hazardous materials, except that Landlord shall comply with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use of the Premises. However, Tenant shall not be required to comply financially or otherwise, with any such ordinance, law and/or regulation not required to be complied with during the Lease Term unless the same is a result of Tenant's use and occupancy and are required to be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, from time to time, for the common or joint use and benefit of the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except to the extent such systems exclusively serve the Premises. Notwithstanding anything contained herein to the contrary, if, after the initial improvements to the Premises, Tenant is obligated to make alterations to the Premises pursuant to any law, order, rule or regulation, Landlord's consent shall not be unreasonably withheld. Tenant shall provide Landlord with written notice of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done to comply with such legal requirement.
Appears in 1 contract
Samples: Office Lease (Boston Biomedica Inc)
LAWS AND ORDINANCES. (a) Tenant willshall, at its own cost, promptly comply with and carry out all ordersapplicable laws, requirements or conditions now or hereafter imposed upon it during the Lease Term, by the ordinances, laws and/or rules and regulations of the municipalityissued by any governmental authority (hereinafter, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises collectively or are as a result of Tenant's use and occupancy of the Premises ("Legal Requirements"individually, “Laws”), whether required and all covenants, conditions and restrictions of Landlord record which relate to the condition, use or otherwise, in the conduct of Tenant's business, including, without limitation, all local, state and federal laws and regulations respecting the storage, handling and use of any hazardous waste, infectious waste or other hazardous materials, except that Landlord shall comply with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use occupancy of the Premises. HoweverTenant shall have the right to contest, by appropriate legal proceedings, and by counsel acceptable to Landlord, without cost or expense to Landlord, the validity of any such Laws, and if, by the terms of any such Laws, compliance therewith may legally be held in abeyance without subjecting Tenant or Landlord to any liability for failure so to comply therewith, Tenant may postpone compliance therewith until the final determination of any such proceedings, provided that all such proceedings shall not be required prosecuted with all due diligence and dispatch. In addition to any other terms and conditions hereof requiring Tenant to comply financially or otherwisewith all present and future Laws, Tenant shall, and hereby agrees, to (i) comply with any such ordinancethe Americans with Disabilities Act of 1990, law and/or regulation not required to be complied with during the Lease Term unless as the same is a result of Tenant's use and occupancy and are required to may be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, amended from time to timetime hereafter and the regulations and guidelines thereof (collectively, for the common or joint use and benefit of “ADA”), as the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except same relate to the extent such systems exclusively serve Premises and the Premises. Notwithstanding anything contained herein to the contraryuse thereof, if, after the initial and any alterations or improvements to the PremisesPremises to be performed by Tenant, Tenant is obligated to make and (ii) cause the Premises and any alterations or improvements to the Premises pursuant to any law, order, rule or regulation, Landlord's consent shall not be unreasonably withheldcomply with the ADA. Tenant shall provide Landlord bear all the costs and expenses in connection with written notice such compliance. Any monetary damages and civil penalties imposed and attorney’s fees recovered because of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done Tenant’s failure to comply with such legal requirementthe ADA as required herein shall be paid for by, and shall be the sole responsibility of Tenant. The failure by Tenant to perform its obligations under this section shall constitute an event of default under the Lease. Under no circumstances shall Landlord be liable to Tenant or any third party for any failure or alleged failure of the Premises to comply in any respect with the ADA. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, costs, expenses (including attorneys fees and litigation expenses) and causes of action arising out of claims for violation of the ADA.
Appears in 1 contract
LAWS AND ORDINANCES. (a) Tenant will, at its own cost, promptly agrees to comply with and carry out all orderslaws, requirements or conditions now or hereafter imposed upon it during the Lease Term, by the ordinances, laws and/or orders and regulations of affecting the municipality, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises or are as a result of Tenant's use and occupancy of the Premises ("Legal Requirements")leased premises and the cleanliness, whether required of Landlord safety or otherwise, in operation thereof. Tenant agrees to comply with the conduct of Tenant's business, including, without limitation, all local, state regulations and federal laws and regulations respecting the storage, handling and use requirements of any hazardous wasteinsurance underwriter, infectious waste inspection bureau or other hazardous materials, except similar agency with respect to that Landlord shall comply with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use portion of the Premises. However, Tenant shall not be required to comply financially or otherwise, with any such ordinance, law and/or regulation not required to be complied with during the Lease Term unless the same is a result of leased premises installed by Tenant's use and occupancy and are required to be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save also agrees to permit Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, from time to time, for the common or joint use and benefit of the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except to the extent such systems exclusively serve the Premises. Notwithstanding anything contained herein to the contrary, if, after the initial improvements to the Premises, Tenant is obligated to make alterations to the Premises pursuant to any law, order, rule or regulation, Landlord's consent shall not be unreasonably withheld. Tenant shall provide Landlord with written notice of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done to comply with such legal requirementrecommendations and requirements with respect to that portion of the leased premises installed by Landlord. In addition, Tenant agrees to comply, to the extent that the same may be applicable to the leased premises, with the standards and requirements and subsequent amendments thereto of the Willxxxx-Xxxxxxx Xxx (PL 91-596), known as the "Occupational Safety and Health Act of 1970," notwithstanding the fact that Tenant may otherwise be exempted from the provisions of said Act.
(b) Tenant agrees not to: (i) permit any immoral practice to be carried on or committed on the leased premises; (ii) make use of or allow the leased premises to be used for any purpose other than that permitted under ARTICLE 1(c) hereof or that might invalidate or increase the rate of insurance therefor; (iii) keep, use or permit to be kept or used on the leased premises any flammable fluids, gases, or explosives without the prior written permission of Landlord; (iv) use the leased premises for any purpose whatsoever which might create a nuisance or injure the reputation of the leased premises or of the Shopping Center; (v) deface or injure the building of the leased premises; (vi) overload the floors; (vii) commit or suffer any waste; or (viii) install any electrical equipment that overloads lines.
(c) In connection with the installation of any electrical equipment, Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors, underwriters, government authorities and codes.
Appears in 1 contract
LAWS AND ORDINANCES. (a) A. Tenant will, at its own cost, promptly and Landlord agree to comply with all laws, ordinances orders and carry out all orders, requirements or conditions now or hereafter imposed upon it during regulations affecting the Lease Term, by the ordinances, laws and/or regulations of the municipality, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises or are as a result of Tenant's use and occupancy of the Demised Premises ("Legal Requirements")and the cleanliness, whether required of Landlord safety or otherwiseoperation thereof, in the conduct of Tenant's business, including, without limitation, all local, state and federal laws and regulations respecting the storage, handling and use of any hazardous waste, infectious waste or other hazardous materials, except provided that Landlord shall comply with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use of the Premises. However, Tenant shall not be required to comply financially or otherwise, with any such ordinance, law and/or regulation not required to be complied with during the Lease Term unless the same is a result of Tenant's use and occupancy and are required to be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, from time to time, for the common or joint use and benefit of the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except to the extent such systems exclusively serve the Premises. Notwithstanding anything contained herein to the contrary, if, after the initial improvements to the Premises, Tenant is obligated to make alterations any structural repairs or replacements to the Demised Premises. Tenant agrees to comply with the reasonable regulations and requirements of any insurance underwriter, inspection bureau or similar agency with respect to that portion of the Demised Premises pursuant for which Tenant is responsible to any lawmake necessary repairs, order, rule or regulation, Landlord's consent provided that Tenant shall not be unreasonably withheldobligated to make any structural repairs or replacements to the Demised Premises. Tenant shall provide also agrees to permit Landlord with written notice of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done to comply with such legal requirementrecommendations and requirements with respect to that portion of the Demised Premises for which Landlord is responsible to make necessary repairs. Landlord shall, at its sole cost and expense, comply with all laws and governmental requirements affecting the Common Area and the building of which the Demised Premises are a part.
B. Tenant agrees not to (i) permit any illegal practice to be carried on or committed on the Demised Premises; (ii) make use of or allow the Demised Premises to be used for any purpose that might invalidate or increase the rate of insurance therefor over and above the rates customarily applicable to Tenant's business (iii) use the Demised Premises for any purpose whatsoever which might create a nuisance; (iv) deface or injure the building of the Demised Premises; (v) overload the floor; (vi) commit or suffer any waste; or (vii) install any electrical equipment that overloads lines; it being agreed by Landlord that Tenant's use of the Demised Premises as an off-track wagering facility and restaurant shall not cause a violation of this section.
C. In connection with the installation of any electrical equipment, Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors, underwriters, government authorities and codes.
Appears in 1 contract
LAWS AND ORDINANCES. (a) Tenant will, at its own cost, promptly agrees to comply with and carry out all orderslaws, requirements or conditions now or hereafter imposed upon it during the Lease Term, by the ordinances, laws and/or orders and regulations of affecting the municipality, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises or are as a result of Tenant's use and occupancy of the Leased Premises ("Legal Requirements")and the cleanliness, whether required of Landlord safety or otherwise, in operation thereof. Tenant agrees to comply with the conduct of Tenant's business, including, without limitation, all local, state recommendations and federal laws and regulations respecting the storage, handling and use requirements of any hazardous wasteinsurance underwriter, infectious waste inspection bureau or other hazardous materials, except similar agency with respect to that Landlord shall comply with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use portion of the Premises. However, Tenant shall not be required to comply financially or otherwise, with any such ordinance, law and/or regulation not required to be complied with during the Lease Term unless the same is a result of Leased Premises installed by Tenant's use and occupancy and are required to be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save also agrees to permit Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, from time to time, for the common or joint use and benefit of the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except to the extent such systems exclusively serve the Premises. Notwithstanding anything contained herein to the contrary, if, after the initial improvements to the Premises, Tenant is obligated to make alterations to the Premises pursuant to any law, order, rule or regulation, Landlord's consent shall not be unreasonably withheld. Tenant shall provide Landlord with written notice of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done to comply with such legal requirementrecommendations and requirements with respect to that portion of the Leased Premises installed by Landlord. In addition, Tenant agrees to comply, to the extent that the same may be applicable to the Leased Premises, with the standards and requirements and subsequent amendments thereto of the Xxxxxxxx-Xxxxxxx Act (PL 91-596), known as the "Occupational Safety and Health Act of 1970," notwithstanding the fact that Tenant may otherwise be exempted from the provisions of said Act and with the standards and requirements and subsequent amendments thereto of the Americans with Disabilities Act.
(b) Tenant agrees not to: (i) permit any illegal or immoral practice to be carried on or committed on the Leased Premises; (ii) make use of or allow the Leased Premises to be used for any purpose other than that permitted under ARTICLE 1(c) hereof or that might invalidate or increase the rate of insurance therefor; (iii) keep, use or permit to be kept or used on the Leased Premises any flammable fluids, gases, or explosives without the prior written permission of Landlord; (iv) use the Leased Premises for any purpose whatsoever which might create a nuisance or injure the reputation of the Leased Premises or of the Shopping Center; (v) deface or injure the building of the Leased Premises; (vi) overload the floors; (vii) commit or suffer any waste; or (viii) install any electrical equipment that overloads lines.
(c) In connection with the installation of any electrical equipment, Tenant shall, at Tenant's own expense, make from time to time whatever changes are necessary to comply with the requirements of the insurance inspectors, underwriters, government authorities and codes.
Appears in 1 contract
Samples: Management and Leasing Agreement (Gotham Golf Corp)
LAWS AND ORDINANCES. (a) Tenant willagrees to use Tenant's reasonable, at its own cost, promptly best efforts to comply with and carry out all orderslaws, requirements or conditions now or hereafter imposed upon it during the Lease Term, by the ordinances, laws and/or orders and regulations of affecting the municipality, county and/or state in which the Premises are located and which affect Tenant's occupancy of the Premises or are as a result of Tenant's use and occupancy of the Leased Premises and the cleanliness, safety, or operation thereof.
("Legal b) Tenant agrees not to: (i) make use of or allow the Leased Premises to be used or occupied for any purposes (other than the Permitted Use) or in any manner, that might invalidate or increase the rate of (unless such increase is paid by Tenant) or make inoperative any policy of insurance of any kind whatsoever at any time carried on the Leased Premises; or (ii) keep or use or permit to be kept or used on the Leased Premises any flammable fluids, hazardous materials or explosives or engage in hazardous activities, except in accordance with Environmental Requirements").
(c) In connection with the installation of any electrical, whether required of Landlord fire protection system or otherwiseequipment, in the conduct of Tenant shall, at Tenant's businessown expense, includingmake from time to time whatever changes are necessary to comply with the requirements of Governmental Authorities.
(d) Tenant shall have no claim against Landlord, without limitationand Landlord shall have no liability for, all localany damages, state demands, expenses, fees, fines, penalties, suits, proceedings, claims, actions and federal laws and regulations respecting the storage, handling and use causes of action of any hazardous waste, infectious waste and every kind and nature arising or other hazardous materials, except that Landlord shall comply growing out of or in any way connected with any orders, laws rules or regulations affecting structural walls and columns, roof or other Common Facilities (as hereinafter defined) unless due to Tenant's particular business or use of the Premises. However, Tenant shall not be required to comply financially or otherwise, with any such ordinance, law and/or regulation not required to be complied with during the Lease Term unless the same is a result of Tenant's use and or occupancy and are required to be complied with prior to turnover to Landlord at the expiration or earlier termination of this Lease. Tenant will indemnify and save Landlord harmless from all penalties, claims, and demands resulting from Tenant's failure or negligence in this respect. "Common Facilities" means all areas provided by Landlord, from time to time, for the common or joint use and benefit of the occupants of the Building and their employees, agents, servants, customers and other invitees, including management offices, parking areas, parking decks, access roads, driveways, retaining walls, landscaped areas, truck serviceways, sidewalks, parcel pickup stations and common electrical and plumbing systems, except to the extent such systems exclusively serve the Premises. Notwithstanding anything contained herein to the contrary, if, after the initial improvements to the Leased Premises, Tenant is obligated to make alterations to the Premises pursuant to should such use or occupancy be prohibited or substantially impaired by any law, orderordinance or regulation of federal, rule state, county or regulation, Landlord's consent shall not be unreasonably withheld. Tenant shall provide Landlord with written notice municipal governments or by any act of any such legal requirement, including therewith documentation indicating the legal requirement for such alteration and detailed plans showing the work proposed to be done to comply with such legal requirementor governmental or other public authority.
Appears in 1 contract
Samples: Master Lease (Carmike Cinemas Inc)