LESSEE'S COVENANTS. The Lessee agrees, warrants and represents that it shall commit no waste to the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; and further agrees, warrants and represents that the Lessee has neither the right nor the power to assign or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Lease, or to make alterations or improvements to the demised premises, except non structural alterations in connection with the renovation of the demised premises for the permitted uses subject to the prior written approval of the Director of Operations , nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Lease. The Lessee shall keep the premises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises up to Lessor upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, and the Lessee shall have no right nor obligation to remove any improvements to the Premises without the prior written consent of Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory which are purchased or obtained, during the term of this Lease, by or for the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered by the City, shall become the property of Lessor upon the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at the option of Lessor.
LESSEE'S COVENANTS. The Lessee hereby covenants with the Lessor as follows:
LESSEE'S COVENANTS. The Lessee covenants with the Lessor: To pay the Rent monthly in advance (being the sum of Kenya Shillings [*] (KShs. [*] /-) and exclusive of VAT at 16%, on or before the fifth (5th) day of each succeeding month and in the manner set out in this Lease and not to exercise or seek to exercise any right or claim to withhold the Rent or any right or claim to legal or equitable set-off. The Rent for the first year of the Term amounting to the sum of Kenya Shillings [*] (KShs. [*] /-) and exclusive of VAT shall become due and payable in advance upon execution of the Lease; All payments in respect of the Rent herein shall be paid directly to the Lessor’s bank account whose particulars are as follows:- Account Name: Bank: Branch: Account No. Swift Code: Branch Code:
LESSEE'S COVENANTS. Xxxxxx further covenants and agrees as follows:
A. To pay the rent and provide the consideration for the Lease as it is set out herein; to use the Leased Premises in a careful and proper manner for a lawful commercial purpose; to commit or permit no waste or damages to the Leased Premises; to conduct or permit no business or act that is a nuisance or may be in violation of any federal, state, or local law or ordinance; to surrender the Leased Premises on expiration or termination of this Lease in clean condition and good repair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee (excepting movable furniture, equipment, supplies, and inventory installed by Lessee) shall become and remain the property of Lessor on the termination of Lessee's occupancy of the Leased Premises.
B. To prohibit and refrain from engaging or in allowing any use of the Leased Premises that will increase Lessor's premiums for insurance on the building without the express written consent of Lessor.
C. In case of damage to glass in or on the Leased Premises, to replace it with glass of the same kind, size, and quality as quickly as possible at Xxxxxx's expense.
D. To make no alterations in or additions or improvements to the Leased Premises, install any equipment in or on the Leased Premises or maintain signs advertising the Lessee on the Leased Premises without, in each case, obtaining the written consent of Xxxxxx, as set out herein. If any alterations, additions, or improvements in or to the Leased Premises are made necessary by reason of the special use and occupancy of the Leased Premises by Lessee and, provided that Lessor grants its prior written permission to Lessee regarding such alterations, additions or improvements, Lessee agrees that it will make all such alterations, additions, and improvements in or to the Leased Premises at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. In accordance with indemnification provision above, Xxxxxx agrees that it will hold Lessor harmless against all expenses, liens, claims, and damages to either property or person that may or might arise because any repairs, alterations, additions, or improvements are made. Upon request of Xxxxxx, Xxxxxx agrees to restore, at Xxxxxx’s sole expense, the Leased Premises to its original condition upon the termination of this L...
LESSEE'S COVENANTS. Lessee shall not cause or, except as previously disclosed to the Lessor Parties in the Environmental Reports, permit Hazardous Materials to be used, generated, manufactured, stored, treated, disposed of, transported or present on or released or discharged from the Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee may use Hazardous Materials in connection with the operation of its business (or the business of permitted subtenants) so long as such use is consistent with the preceding sentence. Lessee shall immediately notify Lessor in writing of (i) the discovery of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (ii) any knowledge by Lessee that the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereon.
LESSEE'S COVENANTS. The Lessee COVENANTS with the Lessor that:
LESSEE'S COVENANTS. The Lessee covenants and agrees that it will:
(a) Indemnify and hold harmless to the extent permitted by applicable law, the Issuer, the Trustee and their officers, directors, members, agents, servants and employees against any and all losses, claims, damages, costs and expenses (including reasonable attorney’s fees actually incurred) or liabilities, joint or several, to which they or any of them may become subject under the Securities Act of 1933, the Securities Exchange Act of 1934, or the Trust Indenture Act of 1939, or any applicable State Securities Laws and the rules or regulations under said Acts, or any amendments of said Acts, insofar as such losses, claims, damages, costs and expenses, liabilities or actions arise out of or are based upon the failure to register the Bonds under the Securities Act of 1933 or qualify the Indenture under the Trust Indenture Act of 1939; provided, however, that nothing contained herein shall require the Lessee to indemnify the Issuer or the Trustee and their officers, directors, members agents, servants and employees for any claim or liability resulting from the Issuer’s or the Trustee’s own willful acts or negligence (other than in connection with the decision not to register the Bonds under the Securities Act of 1933 or qualify the Indenture under the Trust Indenture Act of 1939) or from any material misrepresentation or the breach of any material warranty, covenant or agreement given by the Issuer or the Trustee in connection with the transactions and documents related to this Bond Purchase Agreement, or for any claim or liability which the Lessee was not given the opportunity to contest. Promptly after receipt of notice of the commencement of any action in respect of which indemnity may be sought against the Lessee under this Paragraph 6, the Issuer and/or the Trustee, if applicable, will notify the Lessee in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Lessee shall assume the defense of such action (including the employment of counsel, who shall be counsel reasonably satisfactory to the Issuer and/or the Trustee, as the case may be, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Lessee. Failure by an indemnifiable person to give any such notice shall not relieve the Company of its obligations hereunder to indemnify such indemnifiable person except to the extent actuall...
LESSEE'S COVENANTS. Lessee covenants, warrants and represents that it will not use or employ all or any portion of the Premises to handle, transport, store, treat or dispose of any Hazardous Substance, whether or not it was generated or produced from, on or within the Premises; and Lessee further covenants, warrants and represents that any activity on or relating to the Premises shall be conducted in full compliance with all applicable laws.
LESSEE'S COVENANTS. Lessee shall not cause or permit Hazardous Materials to be used, generated, manufactured, stored, treated, disposed of, transported or present on or released or discharged from the Facility 2 Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee shall immediately notify Lessor in writing of (i) any knowledge by Lessee that the Facility 2 Property does not comply with any Environmental Laws; and (ii) any claims against Lessee or the Facility 2 Property relating to Hazardous Materials or pursuant to Environmental Laws. In response to the presence of any Hazardous Materials on, under or about the Facility 2 Property, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereon.
LESSEE'S COVENANTS. 8.1 Duration .................................................................................................................... 8.2 Information ...............................................................................................................
