Common use of Lessee's Compliance with Applicable Requirements Clause in Contracts

Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements (as they relate to any Alterations, Utility Installations, or Trade Fixtures Lessee constructs or installs within the Premises during the term of the Lease or any lease extensions thereof), the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor’s engineers and/or consultants which relate in any manner to the such Requirements, without regard to whether such Requirements are now in effect or become effective after the Start Date. Lessee shall, within 10 days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises.

Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee’s sole cost and expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements (as they relate relating to any Alterations, Utility InstallationsLessee’s particular use of, or Trade Fixtures Lessee constructs improvements to, the Premises; provided, however, if any improvements or installs within other work to the Premises during is required as a result of changes in laws, rules, regulations, statutes, ordinances, and similar requirements but such improvements or other work is not governmentally-mandated to be done and not otherwise related to Lessee’s particular use of, or improvements made to, the term Premises, then Lessor shall perform such work at its sole cost and expense. Any improvements or other work to the Premises which is necessitated by governmentally-mandated Applicable Requirements shall be paid for by Lessee in the same manner as Capital Expenditures under Paragraph 7.1(d) below, regardless of whether or not such improvements are considered capital improvements. For purposes of this Lease, “Applicable Requirements” shall mean all laws (including, without limitation, the Lease or any lease extensions thereofAmericans with Disabilities Act), rules, regulations, ordinances, directives, covenants, easements and restrictions of record, permits, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor’s engineers and/or consultants which relate consultants, relating in any manner to the such RequirementsPremises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill, or release of any Hazardous Substance, including, without regard to whether such Requirements are limitation, preparing and maintaining a Hazardous Material Management Plan (“HMMP”) if required by a governmental agency having jurisdiction over the Premises and complying with all applicable Proposition 65 notice requirements, now in effect or become effective after which may hereafter come into effect). If a HMMP is required, Lessee shall provide a copy of the Start DateHMMP to Lessor. As of the date of this Lease, Lessee represents and warrants to Lessor that, to the best of Lessee’s knowledge and belief, the Premises, and Lessee’s operations in the Premises, are in compliance with all Applicable Requirements. Lessee shall, within 10 five (5) business days after receipt of Lessor’s written request, provide Lessor with copies of all permits documents and other documentsinformation, including but not limited to permits, registrations, manifests, applications, reports and other information certificates, evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of by Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises.

Lessee's Compliance with Applicable Requirements. Except With the exception of compliance of the Premises upon completion of Tenant Improvements in accordance with the provisions of Exhibit B with the requirements of the Americans with Disabilities Act as otherwise provided in this Leaseit may be amended from time to time (“ADA”), which compliance shall be the responsibility of Lessor, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements (as they relate applicable laws, covenants or restrictions of record, regulations and ordinances applicable to any Alterations, Utility Installations, or Trade Fixtures Lessee constructs or installs within the Premises during the term (“Applicable Requirements”), including, without limitation, any requirements of the Lease ADA subsequently imposed as a result of any changes to the Premises made by Lessee, whether with or any lease extensions thereof)without Lessor consent, and also including the requirements of any applicable fire insurance underwriter or rating bureau, bureau and the recommendations of Lessor’s engineers and/or consultants which relate in any manner to the such RequirementsLessee’s use of Premises, without regard to whether such Requirements said requirements are now in effect or become effective after the Start Commencement Date. Lessee shall indemnify and hold Lessor harmless from Lessee’s failure to comply with this Paragraph 6.3, including without limitation, any failure by Lessee to comply with its ADA obligations. Lessee shall, within 10 ten (10) days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receiptreceipt by Lessee, notify Lessor in writing (with and immediately provide to Lessor copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. LikewiseNotwithstanding the foregoing, in no event shall Lessee shall immediately give written notice be required to Lessor of: (i) any water damage make structural alterations or changes to the Premises or Building unless and any suspected seepage, pooling, dampness or other condition conducive to the production extent necessitated by Lessee’s Alterations or by the specific use of mold; the Premises or (ii) any mustiness or other odors that might indicate nature of the presence of mold goods being stored in the PremisesPremises by Lessee (as opposed to the mere use of the Premises for warehousing and distribution of goods generally).

Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements (as they relate to any Alterations, Utility Installations, or Trade Fixtures Lessee constructs or installs within the Premises during the term of the Lease or any lease extensions thereof)Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor’s engineers and/or consultants which relate in any manner to the such Applicable Requirements, without regard to whether such Applicable Requirements are now in effect or become effective after the Start Commencement Date; provided that if Lessee disagrees with recommendations of engineers and/or consultants, or objects to the cost associated with their recommendations, then Lessee may retain its own engineers and/or consultants and, upon Xxxxxx’s reasonable approval, follow the recommendation of the engineers and/or consultants retained by Lessee so long as the result is that the Premises complies with all Applicable Requirements. Lessee shall, within 10 ten (10) days after receipt of LessorXxxxxx’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and other information evidencing Lessee’s possession of all applicable permits and approvals pertaining to the Permitted Use, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice Requirements or of Lessee’s ability to Lessor of: (i) any water damage to operate at the Premises and any suspected seepage, pooling, dampness or other condition conducive to for the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the PremisesPermitted Use.

Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements (as they relate relating to Lessee’s use or occupancy of the Premises and/or to any AlterationsAlterations (defined below), Utility InstallationsInstallations (defined below), or Trade Fixtures Lessee constructs (defined below) or installs within other improvements to the Premises during the term of the Lease or any lease extensions thereof)Premises, the requirements of any applicable fire insurance underwriter or rating bureau, and the reasonable recommendations of Lessor’s engineers and/or consultants which relate in to life safety matters or Hazardous Substances concerning the Premises relating to Lessee’s use or occupancy of the Premises (and/or to any manner Alterations, Utility Installations, Trade Fixtures or other improvements to the such RequirementsPremises, without regard to whether such Requirements said requirements are now in effect or become effective after the Start Commencement Date. Lessee shall, within 10 ten (10) days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately promptly upon receiptreceipt by Lessee, notify Lessor in writing (with and promptly provide to Lessor copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises.