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.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
LESSEE'S COVENANTS. The In addition to Lessee’s other covenants and obligations hereunder, Lessee agreesagrees during the Term and for so long as Lessee's occupancy continues:
(a) To pay when due the Base Rent and additional expenses as set forth herein, warrants to maintain the Leased Premises in good condition and represents that it shall commit no waste repair, reasonable wear and tear excepted and to promptly perform all items of maintenance and repair which Lessee is obligated to perform pursuant to this Lease;
(b) To permit Lessor to have access to the Demised Leased Premises, nor suffer with prior notice, during Lessee's normal operating hours provided any such entry does not interfere with Lessee’s business or operations, and in the event of an emergency at other times, for the purpose of inspection of the same and to be committed thereonassure Lessor with regard to the performance by Lessee of the terms and conditions hereof, nor injure nor misuse and, during the same6 months prior to expiration of the Term, to show the Leased Premises to prospective purchasers and tenants; provided, however, in recognition of Lessee's security needs and further agreesobligations as a bank, warrants and represents that Lessor shall not exercise any right it has to enter into any secure area within 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, Leased Premises or to enter the Leased Premises outside Lessee’s normal operating hours without Lessee’s prior consent and under reasonable security conditions, accompanied by an officer or authorized representative of Lessee. Notwithstanding the foregoing, Lessor may exercise its right to enter the Leased Premises without Lessee’s prior consent in emergency situations threatening life or property in which case Lessor will make alterations or improvements reasonable attempts to the demised premises, except non structural alterations in connection with the renovation of the demised premises for the permitted uses subject contact Lessee and will contact local police prior 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 such entry;
(c) At the expiration or earlier termination of this Lease the Term, promptly to yield up the Leased Premises and all improvements, alterations and additions thereto (unless required to be removed) in reasonably good broom clean condition, normal wear and tear excepted, all fixtures and equipment servicing the Lessee shall have no right nor obligation Leased Premises; and to remove Lessee's signs, goods and effects and any improvements to fixtures and equipment used in the conduct of Lessee's business not serving the Leased Premises; and
(d) Comply with all governmental requirements and regulations respecting Lessee's use and occupancy of the Leased Premises without in a timely manner and be solely responsible for all tax levies, assessments, licenses or fines arising from the prior written consent conduct 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 LessorLessee's business.
Appears in 2 contracts
Samples: Lease Agreement (DNB Financial Corp /Pa/), Agreement of Sale (DNB Financial Corp /Pa/)
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with the Lessor:
6.1. Throughout the Term, 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 shall pay the right nor electricity, water, telephone, sewage and other utilities charges that shall accrued during 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 LeaseTerm.
6.2. The Lessee shall maintain and keep in a good state of repair all the premises in good condition, free of debris, safely and adequately for Facilities within the uses and purposes hereby authorizedProperty from time to time.
6.3. The Lessee shall deliver comply with the premises up Applicable Law regarding storage and disposal of hazardous material, wastes.
6.4. The Lessee shall not use or be entitled to Lessor upon use the expiration or earlier termination of Property for any use other than the Use specified under 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 PPP Agreement without the prior written consent of the Lessor and shall not use, or permit the use of, the Property or any part thereof for any illegal or immoral purposes.
6.5. The Lessee shall not sub-let the Property, whether in part or in whole, to any person or assign or transfer the rights granted to the Lessee under this Lease to any person without the written prior consent of the Lessor.
6.6. LikewiseThe Lessee shall observe and perform the terms and conditions of the Certificate of Title in such a manner and at such times that no act, omission or default of the Lessee shall cause or contribute to any fixturesbreach by the Lessor of any of its obligations under the terms and conditions of the Certificate of Title or any Applicable Law. The Lessee shall indemnify and hold harmless the Lessor from any liabilities, equipmentexpenses, furnishingslosses and damages arising from such breach, supplies if any.
6.7. The Lessee shall not do or inventory omit to do anything which are purchased may result in (i) the revocation of the Certificate of Title, or obtained(ii) the amendment or modification of the terms and conditions of the Certificate of Title, without the prior written consent of the Lessor (such consent not to be unreasonably withheld).
6.8. Subject always to the provisions of Clause 6, the Lessee shall obtain all necessary approvals, permits and registrations for the conduct of all construction and improvement works that the Lessee may seek to carry out on the Property, and shall bear all costs and expenses relating to the obtaining of such approvals, permits and registrations and the conduct of any such construction and improvement works.
6.9. The Lessee shall ensure that all activities and operations carried out on the Property, and each and every part thereof, and the possession, occupation, use or enjoyment of the Property conform to the terms and conditions of the Certificate of Title and the Applicable Law.
6.10. That during the term Term, the Lessor shall not be liable for any injury to the Lessee, or the Lessee's staff or visitors, caused by a defect in or negligent construction or maintenance work of any part of the equipment or structure of the Property or any lack or short of electricity, water or drainage and the Lessee shall indemnify the Lessor against all claims actions and proceedings in respect of such injuries;
6.11. That notwithstanding any provision contained herein, the Lessee hereby gives irrevocable power and authority without any recourse to the Lessor to enter unto Property with permission of the Lessee for monitoring and evaluation purposes;
6.12. During the Term, the Lessee shall be responsible at its own costs for the maintenance, repairs of all wear and tear of the Property and the Fixtures Fittings set out in Schedule II of this Lease; and
6.13. That upon termination or on exercising the right to break the Lease pursuant to Clause 10 or on expiry of the Term, the refurbishment and construction work done by or for the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered by in the City, Property shall become be the property of the Lessor upon and the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at same shall be retained by the option of LessorLessor without paying any cost thereof to the Lessee.
Appears in 2 contracts
Samples: PPP Agreement, PPP Agreement
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; 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, Lease or to make any 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 Demised Premises, nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseherein. The Lessee shall keep the premises Demised Premises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises Demised Premises up to Lessor upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, excepted and the Lessee shall have no right nor or obligation to remove any improvements to the Demised Premises without the prior written consent of Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory which are purchased or obtained, obtained during the term of this Lease, by or for the Lessee utilizing any City Lessor operating or other revenue funds, including but not limited to state and federal funds administered by the CityLessor, 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.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
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, 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 Demised Premises, nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseherein. The Lessee shall keep the premises Demised Premises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises Demised 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 or obligation to remove any improvements to the Demised Premises without the prior written consent of Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory which are purchased or obtained, 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.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole cost and represents that it shall expense, during the Term and such further time as Lessee occupies any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, if separately metered at any time during the Term, all charges for electricity and other utilities;
(b) damage by fire or casualty and reasonable wear and tear only excepted, to keep the Premises in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer or commit no any waste therein, nor to place a load upon any floor which exceeds the floor load which the floor was designed to carry, nor to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Use, nor any use thereof which is improper, offensive, or contrary to any laws, ordinances, codes, rules and regulations, or the provisions of any license, permit or other governmental consent required for or applicable now or at any time during the Term to the Demised PremisesLand, nor suffer the same Building, the Premises or Lessee’s use thereof (collectively, “Legal Requirements”), or which is liable to be committed thereoninvalidate or increase the premiums for any insurance on the Building or its contents, nor injure nor misuse or liable to render necessary any alterations or additions to the same; and further agrees, warrants and represents that the Lessee has neither the right nor the power Building;
(d) not to assign or hypothecate this Lease obstruct in any way whatsoever, except as otherwise provided in this Leasemanner any portion of the Building not hereby leased, or to make alterations the sidewalks or improvements approaches to the demised premisesBuilding, except non structural alterations in connection with or any Common Areas, and to conform to all reasonable rules and regulations now or hereafter made by Lessor for the renovation care and use of the demised premises for Building, its facilities and approaches, the permitted uses subject initial rules and regulations being attached hereto as Exhibit E; provided that Lessor agrees not to discriminate against Lessee in the prior written approval enforcement of rules and regulations against all lessees (including Lessee), and in the Director event of Operations , nor use the same for a conflict between any purposes except as those expressly authorized herein or in accordance with the applicable provision of Exhibit E and a provision of this Lease, the provision of this Lease shall govern;
(e) to comply with all Legal Requirements and all recommendations of Lessor’s fire insurance rating organization now or hereafter in effect provided in writing to Lessee; to keep the Premises equipped with all safety appliances specific to Lessee’s equipment, and to procure (and maintain in full force and effect) all licenses and permits required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee (without hereby intending to vary the Permitted Use), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises;
(f) not, without on each occasion obtaining the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, to make any alterations, renovations, improvements and/or additions to the Premises (collectively, “Alterations”) or the painting or placing of any signs, antennae, awnings, or the like, visible from outside of the Premises. The Lessee will coordinate with Lessor to minimize the size of any conduits installed to provide telecommunications services from floor to floor, and the location of any such conduits must first be approved by Lessor which approval will not be unreasonably withheld or delayed. Prior to commencing any Alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents; obtain the written approval of Lessor as to the plans and specifications for such work (except where such approval is not required as provided in the preceding sentence); and obtain the written approval of Lessor as to the general contractor. Lessee shall keep the premises cause each contractor and subcontractor to carry worker’s compensation insurance in good condition, free statutory amounts covering all of debris, safely their respective employees and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises up comprehensive public liability insurance in amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractor and subcontractors). All Alterations (other than Lessee’s removable personal property and trade fixtures) shall remain part of the Premises and shall not be removed upon the expiration or earlier termination of the Term except for those items which Lessor designates for removal in a notice given to Lessee at the time that Lessee requests Lessor’s approval of such Alteration. Lessee shall pay promptly when due the entire cost of such work. Lessee shall not cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Land, the Building or Premises, and shall discharge or bond any such liens which may be so filed or recorded within fifteen (15) days after the filing or recording thereof. All such work shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and the provisions of all applicable insurance policies. Lessee shall indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys’ fees, arising from injury to any person or property occasioned by or growing out of such work, except to the extent due to the negligence or willful misconduct of the Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor’s obligations under this Lease (such indemnity shall survive the expiration or termination of this Lease);
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorneys’ fees) arising out of or relating to (i) Lessee’s breach of any covenant or obligation under this Lease; (ii) a claim of injury or death to any person or damage to any property while on the Premises, if not due to the negligence or willful misconduct of the Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor’s obligations under this Lease; (iii) a claim of injury to any person or damage to any property anywhere alleged to be occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor, or invitee of any of the foregoing, if not due to the negligence or willful misconduct of the Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor’s obligations under this Lease; or (iv) on account of or based upon any work or thing whatsoever done (other than by Lessor or any of its officers, agents, employees, servants or contractors) at the Premises during the Term and during the period of time, if any, prior to the Commencement Date that any of the Lessee or any of its officers, agents, employees, servants or contractors may have been given access to the Premises provided that in reasonably good conditionno case shall Lessee’s liability from any claim, normal wear cause or damage exceed the dollar limits in the applicable insurance purchased by Lessee pursuant to Article 7 hereof. The provisions of this clause (g) shall survive the expiration or termination of this Lease;
(h) to permit Lessor and tear exceptedLessor’s agents to examine the Premises at reasonable times, subject to Lessee’s reasonable security regulations (provided 24 hours’ notice is given to Lessee, except in case of emergency), and if Lessor shall so elect (without hereby imposing any obligation on Lessor to do so), after notice as aforesaid, to permit Lessor to make any repairs or additions Lessor may deem necessary, provided that the Lessee shall have no right nor obligation same do not materially adversely affect Lessee’s use of the Premises for the Permitted Use; and at Lessee’s expense to remove any improvements Alterations, signs, antennae, awnings, flagpoles, or the like not consented to in writing; and to permit Lessor to show the Premises to prospective purchasers and Lessees and to keep affixed to any suitable part of the Premises, during the four (4) months preceding the expiration of the Term, appropriate notices for letting or selling;
(i) that all furniture, furnishings, fixtures and property of every kind of Lessee and of all persons claiming by, through or under Lessee which may be on the Premises from time to time (“Lessee’s FF&E”) and any of Lessee’s wiring, cables or other installations appurtenant thereto, for Lessee’s computer, telephone, tel-data and other communication systems and equipment, or any other equipment, whether located in the Premises or in any other portion of the Building including, without limitation, those located in any risers or chasers in the Building (collectively “Lessee’s Cable”) (the Lessee’s FF&E and the Lessee’s Cable are hereinafter collectively called “Lessee’s Property”) shall be at the sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause, except to the extent caused by the negligence or willful misconduct of the Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor’s obligations under this Lease;
(j) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee’s Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property;
(k) by the end of business on the last day of the Term (or the effective date of any earlier termination of this Lease as herein provided), to remove (i) all of Lessee’s Property, and (ii) the items or components of Alterations designated for removal as provided in paragraph (f) above (the items described in the foregoing clauses (i), and (ii) are sometimes referred to, collectively, as “Lessee’s Removal Items”), in each case whether the same be permanently affixed to the Premises without or not, and to repair any damage caused by any such removal to Lessor’s reasonable satisfaction; and peaceably to yield up the prior written consent of Premises clean and in good order, repair and condition (reasonable wear and tear, and damage by fire or other casualty or taking only excepted); and to deliver the keys to the Premises to Lessor. Likewise; provided, any fixtureshowever, equipmentthat notwithstanding the foregoing, furnishings, supplies or inventory which are purchased or obtained, during the term of this LeaseLessor may, by notice in writing to Lessee, require that Lessee’s Cable (as defined as Cable within the walls, ceilings, walls of the building or for that is attached to the Lessee utilizing building in any City operating or other revenue fundsway) remain in the Premises and/or Building, including but not limited to state and federal funds administered by the Cityin which case, Lessee’s Cable shall become the property of Lessor upon expiration or earlier termination of the Lease. Any of Lessee’s Removal Items which are not removed within thirty (30) days following Lessee’s surrender of the Premises shall be deemed abandoned and may be removed and disposed of by Lessor in such manner as Lessor may determine, and Lessee shall pay to Lessor on demand, as Additional Rent, the cost of such removal and disposition, together with the reasonable costs and expenses incurred by Lessor in making any incidental repairs and replacements to the Premises necessitated by Lessee’s failure to remove any of Lessee’s Removal Items, or by any other failure of Lessee to comply with the terms of this Lease, and for use and occupancy during the period after the expiration of the Term and prior to Lessee’s performance of its obligations under this paragraph (k). Lessee shall further indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys’ fees, resulting from Lessee’s failure or delay in surrendering the Premises as above provided (such indemnity to survive the expiration or sooner termination of this Lease Lease);
(l) to pay Lessor’s reasonable expenses, including reasonable attorneys’ fees, incurred in good conditionenforcing any obligations of Lessee under this Lease;
(m) to comply in full with the requirements set forth in Section 17.0 regulating the use and disposition of Hazardous Materials and compliance with Environmental Laws;
(n) not to permit any officer, normal wear agent, employee, servant, contractor or visitor of Lessee, or of anyone claiming by, through or under Lessee, to violate any covenant or obligation of Lessee hereunder;
(o) in case Lessee takes possession of the Premises prior to the Commencement Date, to perform and tear exceptedobserve all of Lessee’s covenants from and after the date upon which Lessee takes possession except that no Rent shall accrue prior to the Rent Commencement Date, at with respect to Basic Rent, and the option Commencement Date, with respect to Additional Rent except as defined in Paragraph 1.0 above.
(p) to provide and pay for the services outlined in Exhibit C attached hereto; and
(q) not to make any alteration or repair to or to place or install any of Lessee’s Property, or equipment in the telephone and electric closets within the Premises without first obtaining the Lessor’s approval which shall not be unreasonably withheld.
Appears in 2 contracts
Samples: Lease (Aura Biosciences, Inc.), Lease (Aura Biosciences, Inc.)
LESSEE'S COVENANTS. The Lessee agrees, warrants covenants and represents that it shall commit no waste agrees with the Lessor:
(a) To comply with all Environmental Laws existing now or in the future and/or any environmental permits held by the Lessee relating to its activities in the Leased Premises during the Term and to report to the Demised Lessor immediately:
(i) Any material Release of any Contaminant on the Leased Premises, nor suffer the same to be committed thereon, nor injure nor misuse Building or the same; and further agrees, warrants and represents that Lands during the Term by the Lessee has neither or as a result of the right nor Lessee’s use or occupancy of the power to assign Leased Premises;
(ii) Any regulatory action 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 proposed action by an Environmental Authority in connection with the renovation of Leased Premises or any activity conducted on the demised premises for Leased Premises during 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 LeaseTerm. The Lessee shall keep provide the premises in good conditionLessor with copies of any Orders, free reports or other communications received by the Lessee or any agent of debris, safely and adequately for the uses and purposes hereby authorizedLessee from any Environmental Authority with respect to the Leased Premises forthwith upon receipt. The Lessee shall deliver shall, concurrently, provide the premises up Lessor with copies of any communications submitted to Lessor upon any Environmental Authority with respect to the expiration Leased Premises by or earlier termination on behalf of this Lease the Lessee;
(iii) Any violation of Environmental Law as a result of activities conducted on the Leased Premises during the Term or any breach of any of the covenants contained herein;
(b) To immediately take all remedial action required by any Order in reasonably good condition, normal wear and tear exceptedthe event of a violation of any Environmental Law as a result of activities conducted on the Leased Premises or the Release of a Contaminant on the Leased Premises during the Term, and to forthwith advise the Lessee shall have no right nor obligation Lessor in writing of such violation and of the remedial action being taken in respect thereof;
(c) To maintain the Leased Premises and Environmental Activity to remove any improvements at least the standards required by Environmental Laws relating to the Premises without industrial use and nature of the prior written consent of Lessor. Likewisebusiness conducted on the Leased Premises, as regulated and interpreted by 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 Lessorrelevant Environmental Authority.
Appears in 2 contracts
Samples: Lease Agreement (NUCRYST Pharmaceuticals Corp.), Lease Agreement (NUCRYST Pharmaceuticals Corp.)
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with Lessor that during the Term, warrants Lessee shall:
(a) punctually pay to Lessor when due all the monies specified 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 calculated in accordance with the applicable provision terms of this Lease. The Agreement and at the time and in the manner herein specified and shall punctually and duly observe and perform Lessee's obligations under this Agreement;
(b) maintain insurance in respect of the Aircraft, its liabilities and properties in accordance with good airline practice and the terms and conditions of this Agreement;
(c) preserve its existence and maintain all rights, privileges, licenses and franchises necessary to its business or material to its performance of its obligations under this Agreement;
(d) not change its chief executive office without giving Lessor notice as soon as practicable (but such notice shall not in any event be required more than fifteen (15) days prior to such move);
(e) keep in full force Lessee's air carrier certificate issued by the FAA;
(f) promptly, upon becoming aware, notify Lessor, in writing, of the occurrence of any Event of Default or of any event which with the giving of notice or passage of time could become an Event of Default;
(g) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the rights of Lessor as owner and lessor of the Aircraft and as an additional insured or loss payee under the insurance required under this Agreement;
(h) not, on any occasion when the ownership of the Aircraft, any Engine or any Part is relevant, claim any interest in the Aircraft other than as Lessee shall keep under this Agreement;
(i) not at any time (i) represent or hold out Lessor as carrying goods or passengers on the premises Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee or (ii) pledge the credit of Lessor;
(j) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, the Aircraft Documents, any Engine or any Part, except as provided in Section 6 or Section 7 hereof;
(k) maintain in good standing a current certificate of airworthiness for passenger operations, or the equivalent, for the Aircraft issued by the applicable Aviation Authority, except when the Aircraft is undergoing maintenance, modification or repair required or permitted by this Agreement, and provide on request from time to time to Lessor a copy of such certificate;
(l) deliver to Lessor promptly after the same are available (and in any event within 45 days after the close of each of the first three quarterly accounting periods of Lessee) after the close of each of the first three quarterly accounting periods in each fiscal year ending after the date hereof, a copy of its unaudited balance sheet as of the end of such quarterly period and its related unaudited income statement and statement of financial condition and cash flows for such quarterly period;
(m) deliver to Lessor promptly after the same are available (and in any event within 120 days) after the end of each of its fiscal years ending after the date hereof, a copy of its audited balance sheet as of such date and its audited income statement and statement of financial condition and cash flows for such fiscal year, which (i) shall be prepared in accordance with generally accepted accounting principles and practices in the United States consistently applied and (ii) shall fairly and accurately present the financial position of Lessee as of the date as of which they were prepared and the results of the operations of Lessee for the period to which they relate;
(n) deliver to Lessor each calendar quarter:
(i) a written report setting forth the then-existing status of the Aircraft and each of the Engines, with such report indicating: (A) the number of Flight Hours and Cycles accrued on the Airframe and either of the Engines; (B) all C-Checks, overhauls and unscheduled maintenance performed on the Airframe and each of the Engines during the prior calendar quarter; (C) any Engine changes during the prior calendar quarter; (D) the anticipated time and location for the next heavy maintenance check or overhaul; and (E) such additional information concerning the location, condition, free use and operation of debristhe Aircraft and Engines as Lessor may reasonably request; and
(ii) a certificate signed by an officer of Lessee certifying that no Event of Default pursuant to this Agreement is in existence;
(o) promptly provide Lessor with such other financial, safely operational and adequately for other information concerning Lessee and its affairs as Lessor may from time to time reasonably require;
(p) not discriminate against the uses and purposes hereby authorized. The Lessee shall deliver the premises up to Lessor upon Aircraft in contemplation of the expiration or earlier termination of this Lease in reasonably good conditionAgreement, normal wear and tear exceptedwith respect to Lessee's use, and operation or maintenance of the Aircraft or the performance by Lessee shall have of ADs or service bulletins; and
(q) take all action necessary to assure that there will be no right nor obligation material adverse change to remove any improvements to Lessee's business by reason of the Premises without advent of 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 Lessoryear 2000.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)
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 covenants with Neste as follows:
8.1 that the Lessee has neither shall punctually pay the right nor rent in full as may fall due throughout the power period of this Agreement;
8.2 that the Lessee shall not keep illegal material or merchandise on the Real Property;
8.3 that the Lessee shall strictly comply with the laws, rules, orders and regulations of the government, state and local authorities as well as reasonable general safety rules established from time to assign or hypothecate this Lease time by Neste affecting the general operations and facilities in any way whatsoever, except as otherwise provided in this Lease, or to make alterations or improvements Neste's Porvoo works. Neste shall keep the Lessee informed of the said rules prior to the demised premises, except non structural alterations rules taking effect;
8.4 that the Lessee must keep the Real Property in connection with good condition according to what is customary in the renovation field of industry of the demised premises for Lessee at its own expense throughout the permitted uses subject to term of this Agreement and shall not commit any waste upon the prior written approval of Real Property and shall keep the Director of Operations , nor use Real Property and the same for any purposes except as those expressly authorized herein or property thereon in accordance with applicable local regulations concerning building, zoning, fire, health and other ordinances and Neste's reasonable general rules regarding such matters provided Lessee is informed of all such rules prior to such rules taking effect;
8.5 that the applicable provision of this LeaseLessee shall not sublease the Real Property, either wholly or partially, to a third person. The Lessee shall keep have the premises in good conditionright to sublease any building situated on the Real Property, free of debrisprovided that the Lessor shall have given its prior written consent for such sublease, safely and adequately for which consent shall not be unreasonably withheld;
8.6 that the uses and purposes hereby authorized. The Lessee shall deliver not suffer the premises up Real Property or any erection or improvement on the Plant to Lessor become subject to any lien, charge or encumbrance whatsoever, other than a mortgage as set out in Article 7. For the avoidance of doubt, nothing in this Agreement shall prevent the Lessee from granting a business mortgage (yrityskiinnitys) in respect of movable assets of the Lessee located on the Real Property, nor granting other security interest in respect of movable property to secure any financing obtained by the Lessee;
8.7 that Lessee shall immediately upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, and Agreement release the Lessee shall have no right nor obligation to remove Real Property from 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 mortgage or other revenue funds, including but not limited to state and federal funds administered by security interest it has taken out on 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 LessorReal Property.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agreesacknowledges that the Building is in good and satisfactory order, warrants repair and represents that it shall commit no waste condition, and covenants, at its sole cost and expense, during the Lease Term and such further time as Lessee holds any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and all charges for utilities and services supplied to the Demised Premises pursuant to agreements between Lessee and the appropriate utility company or provider of such services;
(b) to keep the Premises, including, without limitation, the Building systems (such as plumbing, heating, ventilation and air conditioning, and electrical) located within or serving the Premises and window glass and the non-structural portions of the roof (e.g., roof membrane) (but EXCLUDING the exterior skin of the Building, the structural components of the Building and the roof, and the Parking Area), in as good order, repair and condition as the same are in as of the date of this Lease or are hereafter put pursuant to the Work Letter, excepting only damage by fire or other casualty or taking which Lessee is not otherwise required by the terms of this Lease to repair or restore, reasonable wear and tear, and damage caused by other tenants of the Building;
(c) not to injure, overload or deface the Premises, nor to suffer the same to be committed thereonor commit any waste therein, nor injure nor misuse to place a load upon any floor which exceeds the same; floor load which the floor was designed to carry (Lessor hereby represents and further agrees, warrants and represents to Lessee that the Lessee has neither floor load of the right first floor of the Building is not less than 125 pounds per square foot), nor to connect any equipment or apparatus to any Building system which exceeds the power capacity of such system, nor to assign permit on the Premises any auction sale or hypothecate this any inflammable fluids or chemicals which are not used, stored and disposed of in compliance with all laws, ordinances, codes, rules and regulations, and the provisions of any license, permit or other governmental consent or approval required for or applicable now or at any time during the Lease Term to the Premises or any portion thereof or Lessee's use thereof (collectively, "Legal Requirements"), nor to permit any nuisance or the emission from the Premises of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Uses, nor any use thereof which is contrary to any Legal Requirements, or which is liable to invalidate or increase the premiums for any insurance on the Building or its contents, or liable to render necessary any alterations or additions to the Building;
(d) not to obstruct in any way whatsoevermanner any portion of the sidewalks or approaches to the Building or any portion of the Parking Area;
(e) to comply with all Legal Requirements and all recommendations of Lessor's fire insurance rating organization now or hereafter in effect, to keep the Premises equipped with all reasonable and necessary safety appliances, and to procure (and maintain in full force and effect) all licenses, permits and other governmental consents and approvals required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee (without intending hereby to vary the provisions of Section 5.0 above), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises, and to cooperate with Lessor in the obtaining and renewal by Lessor of all licenses, permits and other governmental consents and approvals with respect to the Premises, the Building or the Land which Lessor is required by applicable laws, ordinances, codes, rules or regulations to obtain in its own name;
(f) not to make any alterations, renovations, improvements and/or additions to the Premises (collectively, "Alterations"), without on each occasion obtaining prior written consent of Lessor, which consent may be withheld by Lessor in its reasonable discretion (taking into account the effect of such proposed Alterations on the structural integrity of the Building, whether such proposed Alterations would be detrimental to the Building systems as modified by Lessee's Work, and the effect of such proposed Alterations on the external appearance of the Building), (except that no such prior written consent of Lessor shall be required for Alterations which (i) shall not exceed $10,000 in each instance, and (ii) do not affect the structural integrity of the Building, and (iii) are not detrimental to the Building systems as otherwise provided modified by Lessee's Work, and (iv) do not affect the exterior appearance of the Building, PROVIDED that in each such case (x) Lessee shall still provide advance notice to Lessor of the intended Alterations, and (y) such Alterations shall be subject to all of the provisions of this Lease, paragraph (f) other than the requirement of Lessor's prior consent); or to make alterations any holes in any part of the Building or improvements paint or place any signs, awnings, aerials or flagpoles, or the like, visible from outside of the Premises and not previously consented to in writing by Lessor. Prior to commencing any Alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents and approvals; obtain the written approval of Lessor as to the demised premisesplans and specifications for such work (where such approval is required under this paragraph (f)); obtain the written approval of Lessor as to the general contractor (not to be unreasonably withheld, except non structural alterations delayed or conditioned); cause each contractor and subcontractor to carry worker's compensation insurance in statutory amounts covering all of the contractor's and subcontractor's employees; and cause each general contractor (or each trade contractor if there is no general contractor) to carry comprehensive public liability insurance in amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractors). After the first two (2) requests for Lessor's approval of proposed Alterations, Lessee shall reimburse Lessor, promptly upon demand therefor, for one-half (1/2) of all out-of-pocket costs and expenses reasonably incurred by Lessor in reviewing any plans, drawings and specifications submitted by Lessee pursuant to this paragraph (f) (but Lessee shall not be required to pay to Lessor more than $3,000.00 in connection with any one set of Alterations and this charge shall not apply to any Alterations proposed to be constructed by Lessee in the renovation Expansion Premises in anticipation of the demised premises for the permitted uses subject to the prior written approval initial occupancy thereof by Lessee), which reimbursement shall be due and payable as Additional Rent. All Alterations (other than Tenant's removable personal property and trade fixtures) shall remain part 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 Premises and 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 not be removed upon the expiration or earlier termination of this the Lease Term EXCEPT for those items which (i) either Lessor or Lessee designates for removal in reasonably good conditiona notice given to the other party at the time that Lessee requests Lessor's approval of such Alteration (if such approval is required hereunder), normal wear and tear exceptedor (ii) Lessee designates for removal at the time that it notifies Lessor of its intent to make such Alteration (where Lessor's prior approval is not required hereunder), or (iii) Lessor designates for removal in a notice given to Lessee within ten (10) days after Lessee notifies Lessor of its intent to make such Alteration (where Lessor's prior approval is not required hereunder). Lessee shall pay promptly when due the entire cost of such work. Lessee shall not cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Land or the Building, and shall discharge or bond any such liens which may be filed or recorded within thirty (30) days after the filing or recording thereof. All such work shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and the provisions of all applicable insurance policies. Promptly after the completion of any Alterations, Lessee shall have no right nor obligation provide an as-built plan (or, where appropriate in light of the nature or scope of the Alterations, an as-built sketch) thereof to remove Lessor. Lessee shall indemnify and hold Lessor harmless from and against any improvements and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys' fees, arising from injury to any person or damage to any property occasioned by or growing out of such work performed prior to the Premises without last day of the prior written consent of Lessor. LikewiseLease Term, 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, indemnity shall become the property of Lessor upon survive the expiration or sooner termination of this Lease provided that such claim is asserted not later than three (3) years after the expiration or earlier termination of the Lease Term. The provisions of this paragraph (f) shall not apply to the performance of "Lessee's Work" (as defined in the Work Letter) but shall apply to any Alterations proposed by Lessee to be constructed in any space leased pursuant to Section 2.0 above);
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorney's fees) arising out of or relating to (i) a claim of injury to any person or damage to any property while in the Premises, if not due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor's obligations under this Lease; or to (ii) a claim of injury to any person or damage to any property while in the Building (but not within the Premises) or on the Land or on the sidewalks or ways adjoining the Land, occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor or invitee of any of the foregoing. The provisions of this clause (g) shall survive the expiration or termination of this Lease with respect to any claim arising prior to the last day of the Lease Term regardless of whether such claim has been asserted by the last day of the Lease Term;
(h) consistent with the provisions of this paragraph (h) concerning Lessor's access to the Premises, to permit Lessor and Lessor's agents to examine the Premises at reasonable times, and if Lessor shall so elect (without hereby imposing any obligation on Lessor to do so), to permit Lessor to make any repairs or additions Lessor may deem necessary; and at Lessee's expense to remove any Alterations, signs, awnings, aerials or flagpoles, or the like, not consented to in writing; and to permit Lessor to show the Premises to prospective purchasers and tenants (at reasonable times on reasonable advance notice to Lessee) and to keep affixed to any suitable part of the Premises, during the nine (9) months preceding the expiration of the Lease Term, appropriate notices for letting or selling. Notwithstanding anything to the contrary contained herein, except in the event of an emergency requiring prompt attention in order to prevent damage to life or serious property damage, Lessor shall be permitted access to the Premises only upon at least twenty-four (24) hours' prior written notice to Dr. Xxxxxxx Xxxxxx xx such other management level employee designated by Lessee, and when accompanied by a representative of Lessee designated by Lessee. Any such access shall only be permitted during Lessee's normal business hours and shall not unreasonably interfere with Lessee's operations. Lessor shall take all reasonable precautions necessary to minimize any disruption of Lessee's activities. All persons entering the Premises shall comply with all reasonable safety and security requirements of Lessee. No access shall be permitted into those portions of the Premises designated by Lessee as a "clean room" or as a secured area except in the event of an emergency or at other times upon the conditions set forth in the preceding provisions of this paragraph (h). In the event of an emergency which occurs during traditional business hours, prior to entering the Premises, Lessor shall provide oral notice to Lessee. In the event of an emergency which does not occur during traditional business hours, prior to entering the Premises, Lessor shall provide notice to Lessee via telephonic transmission to such telecopier numbers and telephonic pager numbers as Lessee may provide from time to time;
(i) that all merchandise, furniture, fixtures, effects and property of every kind of Lessee and of all persons claiming by, through or under Lessee which may be on the Premises from time to time (collectively, "Lessee's Property") shall be at the sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause unless caused by the negligence or willful misconduct of Lessor;
(j) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee's Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property; PROVIDED, HOWEVER, that Lessee shall have the right to contest the amount of any such taxes by appropriate legal proceedings diligently conducted in good conditionfaith, normal wear without cost, expense, liability or damage to Lessor, provided in each case that: (i) no lien or encumbrance shall attach to the Land, Building or any equipment and tear excepted, at the option improvements therein by reason of Lessor.non-payment or otherwise by reason of such contest;
Appears in 1 contract
Samples: Lease (Alkermes Inc)
LESSEE'S COVENANTS. The Lessee agreescovenants and agrees that, warrants during the Term:
(a) Lessee will preserve and represents that maintain (i) its corporate existence, and (ii) all of its rights, privileges and franchises in every jurisdiction in which the character of the property owned or the nature of the business transacted by it shall commit no waste makes licensing or qualification necessary.
(b) Lessee will pay or cause to be paid all Taxes, assessments and governmental charges or levies imposed upon it or upon its income and profits, or upon any property belonging to it, prior to the Demised Premisesdate on which penalties attach thereto and all lawful claims, nor suffer which, if not paid, might become a Lien or charge upon the same property of Lessee; provided, however, that Lessee shall not be required to be committed thereonpay any such Tax, nor injure nor misuse assessment, charge, levy or claim the same; payment of which is being contested in good faith and further agreesby appropriate proceedings with adequate reserves. Lessee shall not permit the sale, warrants forfeiture or loss of any Item of Equipment or interest therein in the course of or as a result of any such proceedings.
(c) Lessee will operate the Aircraft and represents that will remain duly qualified to operate the Aircraft under applicable Law.
(d) Lessee has neither the right nor the power undertakes to assign maintain in full force and effect all governmental consents, licenses, authorizations, approvals, declarations, filings and registrations obtained or hypothecate effected in connection with this Lease and every document or instrument contemplated hereby and to take all such additional action as may be proper or advisable in connection herewith or therewith. Lessee further undertakes to obtain or effect any way whatsoevernew or additional governmental consents, except licenses, authorizations, approvals, declarations, filings or registrations as may become necessary for the performance of any of the terms and conditions of this Lease or any other document or instrument contemplated hereby.
(e) Lessee shall not consolidate or merge with or into, or sell, lease, convey or otherwise provided dispose of all or substantially all of its assets in this Leaseone transaction or a series of transactions to, any Person unless:
(i) the corporation formed by or surviving any such consolidation or merger (if other than Lessee), or to make alterations which such sale, lease, conveyance or improvements to the demised premisesother disposition shall have been made, except non structural alterations assumes in connection with the renovation writing all of the demised premises for obligations of Lessee under this Lease;
(ii) immediately after the permitted uses subject transaction no Default or Event of Default exists;
(iii) the corporation formed by or surviving any such consolidation or merger, or to which such sale, lease, conveyance or other disposition shall have been made, shall have a Consolidated Net Worth (immediately after the prior written approval transaction) equal to or greater than the Consolidated Net Worth of Lessee immediately preceding the transaction. "Consolidated Net Worth" means the consolidated equity of the Director common stockholders of Operations , nor use the same for any purposes except as those expressly authorized herein or Lessee and its consolidated subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles set forth in the applicable provision opinions and pronouncements of this Lease. The Lessee shall keep the premises Financial Accounting Standards Board or in good condition, free such other statements by such other entity as may be approved by a significant segment 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.accounting profession; and
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole cost and represents expense, during the Term and such further time as Lessee occupies any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, for so long as Lessee is the lessee of the entire Building or if electricity and other utilities are separately metered at any time during the Term, all charges for electricity and other utilities;
(b) damage by fire or casualty and reasonable wear and tear only excepted, to keep the Premises (including window and entry glass) in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter, Lessee acknowledging that it shall as of the date of this Lease the Premises are in good and satisfactory order, repair and condition;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer or commit no any waste therein, nor to place a load upon any floor which exceeds the floor load which the floor was designed to carry as disclosed on Exhibit F (which may be subject to change from time to time), nor to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Use, nor any use thereof which is improper, offensive, or contrary to any laws, ordinances, codes, rules and regulations, or the provisions of any license, permit or other governmental consent required for or applicable now or at any time during the Term to the Demised PremisesLand, nor suffer the same Building, the Premises or Lessee's use thereof (collectively, "LEGAL REQUIREMENTS"), or which is liable to be committed thereoninvalidate or increase the premiums for any insurance on the Building or its contents, nor injure nor misuse or liable to render necessary any alterations or additions to the same; and further agrees, warrants and represents that the Lessee has neither the right nor the power Building;
(d) not to assign or hypothecate this Lease obstruct in any way whatsoever, except as otherwise provided in this Leasemanner any portion of the Building not leased, or the sidewalks or approaches to the Building, or the Parking Area, or any hallways or Common Areas, and to conform to all reasonable rules now or hereafter made by Lessor for the care and use of the Building, its facilities and approaches;
(e) to comply with all Legal Requirements and all recommendations of Lessor's fire insurance rating organization now or hereafter in effect, to keep the Premises equipped with all safety appliances, and to procure (and maintain in full force and effect) all licenses and permits required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee without hereby intending to vary the Permitted Use), and, if requested by Lessor, to make alterations all repairs, alterations, replacements or improvements additions so required in and to the demised premisesPremises;
(f) not, except non structural alterations in connection with the renovation of the demised premises for the permitted uses subject to without on each occasion obtaining the prior written consent of Lessor, which consent will not be unreasonably withheld or delayed, to make any alterations, renovations, improvements and/or additions to the Premises (collectively, "Alterations") except (i) those made pursuant to the Work Letter attached hereto as EXHIBIT C, (ii) nonstructural Alterations which, in the aggregate, cost less than $50,000 and do not affect the exterior of the Building, or (iii) cosmetic items such as painting or carpet replacement regardless of cost. Lessee shall not permit the making of any holes in any part of the Building or the painting or placing of any signs, awnings, or the like, visible from outside of the Premises. Prior to commencing any Alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents and approvals; obtain the written approval of Lessor as to the Director plans and specifications for such work; obtain the written approval of Operations , nor use Lessor as to the same for any purposes except general contractor (or as those expressly authorized herein to each trade contractor if there is no general contractor); cause each contractor and subcontractor to carry workmen's compensation insurance in statutory amounts covering all of the contractor's and subcontractor's employees; and cause each general contractor (or each trade contractor if there is no general contractor) and subcontractor to carry comprehensive public liability insurance 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 amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractors and subcontractors). All Alterations (other than Lessee's removable personal property and trade fixtures) and all "Lessee's Work" (as defined in the Work Letter) shall remain part of the Premises and shall not be removed upon the expiration or earlier termination of this Lease the Term EXCEPT for those items which Lessor designates for removal in reasonably good condition, normal wear a notice given to Lessee at the time that Lessee requests Lessor's approval of such Alteration and tear exceptedthose items designated for removal under the Work Letter. Lessee shall pay promptly when due the entire cost of such work. Lessee shall not cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Land or the Building, and shall discharge or bond any such liens which may be filed or recorded against the Premises within fifteen (15) days after the filing or recording thereof. All such work shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and the provisions of all applicable insurance policies. Promptly after the completion of any Alterations, Lessee shall have no right nor provide an as-built plan thereof to Lessor. Lessee shall indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys' fees, arising from injury to any person or property occasioned by or growing out of such work, which indemnity shall survive the expiration or termination of this Lease;
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to (i) a claim of injury to any person or damage to any property while on the Premises, if not due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor's obligations under this Lease; or to (ii) a claim of injury to any person or damage to any property anywhere alleged to be occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor or invitee of any of the foregoing. Lessor agrees to indemnify and hold harmless Lessee from and against all loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to a claim for personal injury or property damage resulting from the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or from the breach of Lessor's obligations or representations under this Lease. The provisions of this clause (g) shall survive the expiration or termination of this Lease;
(h) to permit Lessor and Lessor's agents to examine the Premises at reasonable times, subject to Lessee's reasonable security regulations (provided 24 hours' notice is given to Lessee, except in case of emergency), and if, at any time (subject to the foregoing notice requirement) when Lessee is not the lessee of the entire Building, Lessor shall so elect (without hereby imposing any obligation on Lessor to do so), to permit Lessor to make any repairs or additions Lessor may deem necessary, provided that the same do not materially adversely affect Lessee's use of the Premises for the Permitted Use; and at Lessee's expense to remove any improvements Alterations, signs, awnings, aerials, flagpoles or the like not consented to in writing; and to permit Lessor to show the Premises to prospective purchasers and lessees and to keep affixed to any suitable part of the Premises, during the nine (9) months preceding the expiration of the Term, appropriate notices for letting or selling;
(i) that all equipment, furniture, furnishings, fixtures and property of every kind of Lessee and of all persons claiming by, through or under Lessee which may be on the Premises from time to time (collectively, "LESSEE'S PROPERTY") shall be at the sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause unless caused by the negligence or willful misconduct of Lessor;
(j) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee's Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property;
(k) by the end of business on the last day of the Term (or the effective date of any earlier termination of this Lease as herein provided), to remove (i) all of Lessee's Property, and (ii) the items or components of Alterations designated for removal as provided in clause (f) above and (iii) the items or components of "LESSEE'S WORK" (as defined in the Work Letter) designated for removal as provided in the Work Letter (the items described in the foregoing clauses (i), (ii) and (iii) are sometimes referred to, collectively, as "Lessee's Removal Items"), in each case whether the same be permanently affixed to the Premises without or not, and to repair any damage caused by any such removal to Lessor's reasonable satisfaction; and peaceably to yield up the prior written consent of Premises clean and in good order, repair and condition (reasonable wear and tear, and damage by fire or other casualty or taking only excepted); and to deliver the keys to the Premises to Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory Any of Lessee's Removal Items which are purchased not removed by such date shall be deemed abandoned and may be removed and disposed of by Lessor in such manner as Lessor may determine, and Lessee shall pay to Lessor on demand, as Additional Rent, the entire cost of such removal and disposition, together with the costs and expenses incurred by Lessor in making any incidental repairs and replacements to the Premises necessitated by Lessee's failure to remove any of Lessee's Removal Items, or obtained, during by any other failure of Lessee to comply with the term terms of this Lease, by and for use and occupancy during the period after the expiration of the Term and prior to Lessee's performance of its obligations under this clause (k). Lessee shall further indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or for judgments, including, without limitation, reasonable attorneys' fees, resulting from Lessee's failure or delay in surrendering the Lessee utilizing any City operating or other revenue funds, including but not limited Premises as above provided (such indemnity to state and federal funds administered by the City, shall become the property of Lessor upon survive the expiration or sooner termination of this Lease Lease);
(l) to pay Lessor's reasonable expenses, including reasonable attorneys' fees, incurred in good conditionenforcing any obligations of Lessee under this Lease;
(m) not to generate, normal wear store or use any "HAZARDOUS MATERIALS" (as hereinafter defined) in or on the Premises or elsewhere in the Building or on the Land (except in compliance with any and tear exceptedall applicable Legal Requirements), or dispose of Hazardous Materials from the Premises to any other location, except a properly approved disposal facility and then only in compliance with any and all Legal Requirements regulating such activity, nor permit any occupant of the Premises to do so. Lessee agrees to provide to Lessor copies of all disclosures made to governmental authorities regarding the presence of Hazardous Materials on the Premises. As used in this Lease, "HAZARDOUS MATERIALS" means and includes any chemical, substance, waste, material, gas or emission which is radioactive or deemed hazardous, toxic, a pollutant, or a contaminant under any statute, ordinance, by-law, rule, regulation, executive order or other administrative order, judgment, decree, injunction or other judicial order of or by any governmental authority, now or hereafter in effect, relating to pollution or protection of human health or the environment. By way of illustration and not limitation, "HAZARDOUS MATERIALS" INCLUDES "OIL", "HAZARDOUS MATERIALS", "HAZARDOUS WASTE", AND "HAZARDOUS SUBSTANCE" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 ET SEQ., as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6902 ET SEQ., as amended, and the Toxic Substances Control Act, 15 U.S.C. 8601 et SEQ., as amended, the regulations promulgated thereunder, and Massachusetts General Laws, Chapter 21C and Chapter 21E and the regulations promulgated thereunder. If any lender or governmental authority requires testing to determine whether there has been any release of Hazardous Materials and such testing is required as a result of the acts or omissions of Lessee in violation of this paragraph (m), then Lessee shall reimburse Lessor upon demand, as Additional Rent, for the reasonable costs thereof. Lessee shall execute affidavits, certifications and the like, as may be reasonably requested by Lessor from time to time concerning Lessee's best knowledge and belief concerning compliance by Lessee with the requirements of this Section 11.0(m). Lessor reserves the right to enter the Premises at reasonable times subject to Lessee's reasonable security regulations (provided twenty-four (24) hours' notice is given to Lessee, except in case of emergency) to inspect the same for Hazardous Materials. Lessee shall indemnify, defend, and hold harmless Lessor, and the holder of any mortgage on the Building or the Land, from and against any claim, cost, expense, liability, obligation or damage, including, without limitation, attorneys' fees and the cost of litigation, arising from or relating to the breach by Lessee or anyone claiming by, through or under Lessee of the provisions of this clause (m), and shall immediately discharge or cause to be discharged any lien imposed upon the Building or the Land in connection with any such claim. The provisions of this clause (m) shall survive the expiration or termination of this Lease;
(n) in case Lessee takes possession of the Premises prior to the Commencement Date, to perform and observe all of Lessee's covenants from and after the date upon which Lessee takes possession except that no Rent shall accrue prior to the beginning of the Term;
(o) not to permit any officer, agent, employee, servant, contractor or visitor of Lessee, or of anyone claiming by, through or under Lessee, to violate any covenant or obligation of Lessee hereunder;
(p) to provide and pay for the services described in EXHIBIT E attached hereto and, for any portion of the Term during which Lessee is managing the Building as permitted by Section 18, to operate and maintain the Building at all times as a first class office, laboratory and research and development building in Cambridge, Massachusetts and to provide and pay for the services described in EXHIBIT D; and
(q) to remove all radioactive materials from the Premises or any portion thereof prior to vacating such space during or at the option end of Lessorthe Term in compliance with all Legal Requirements.
Appears in 1 contract
LESSEE'S COVENANTS. 7.1 The Lessee agreesshall in all respects abide by and comply with all lawful rules, warrants regulations and represents that it by-laws of the Municipality or other governing body having jurisdiction over the Leased Lands.
7.2 The Lessee shall commit no waste pay, when due, all charges for light, heat, water, sewer, electrical power and telephone and all and any other utilities or services supplied 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 LeaseLeased Lands. The Lessee shall keep the premises Leased Lands and any other buildings constructed thereon in good conditionrepair and condition at its sole cost and expense and shall, additionally, maintain the landscaping, site drainage and paved areas on the Leased Lands and keep the Leased Lands free of debrisdebris and neat and tidy at all times, safely and adequately for all to the uses and purposes hereby authorizedsatisfaction of the Airport Lands manager. The Lessee shall deliver permit the premises up Lessor, or any person designated by the Lessor, to enter and view the state of repair on reasonable notice during normal business hours; it being expressly understood and agreed, however, that in cases of emergency, the Lessor, its servants or agents, shall at all times and for all purposes have full and free access to the said Leased Lands and buildings erected thereon.
7.3 In the event the Leased Lands or the buildings constructed thereon are in need of repair and the Tenant should fail to make such repairs following written notice provided by the Lessor, the said Lessor, its agents or employees may thereafter enter the Leased Lands and make the required repairs and the expense of such repairs shall be borne by the Lessee who shall pay it to the Lessor forthwith upon the expiration or earlier termination demand.
7.4 The Lessee shall not make any assignment of this Lease or any transfer or sub- lease of the Leased Lands without obtaining the consent in reasonably good conditionwriting of the Lessor to such assignment, normal wear and tear exceptedtransfer or sub-lease, and which consent shall not be unreasonably withheld. Notwithstanding the Lessor's consent to any assignment or sub-lease, the Lessee shall remain fully liable on this Lease and shall not be released from any of the terms, covenants and conditions of this Lease unless and until the parties have no right nor obligation to remove any improvements to executed a mutual general release in form “A” attached hereto.
7.5 The Lessee shall, at its sole cost and expense and during the Premises without entire Term of this Lease, keep in full force and effect general public liability and property damage insurance against claims for personal injury, death, or property damage occurring on or about the prior written consent of Lessor. LikewiseLeased Lands, any fixtures, equipment, furnishings, supplies which policy shall contain coverage for each loss or inventory which are purchased occurrence such amount or obtained, amounts as may be designated by the Lessor during the term of this Leasethe Lease and in any event in the minimum amount of One Million ($1,000,000.00) coverage per loss or occurrence. The Lessor or any other person, by firm or for the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered corporation designated by the CityLessor, shall become be named as an additional named insured in the property Lessee's policy of insurance and such policy shall contain a clause that the insurer will not cancel or change the insurance, in any manner material to the interest of the Lessor, without first giving the Lessor upon the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at the option of Lessor.least fifteen
Appears in 1 contract
Samples: Sublease Agreement
LESSEE'S COVENANTS. The If at any time during the Lease Term (or any extension thereof) it is discovered that any Adverse Rights exist, Lessee agreesshall remove the same promptly at Lessee’s sole expense. Lessee shall not pledge, warrants and represents that it encumber, create a security interest in, or permit any lien to become effective on any Furniture throughout the Term of the Lease. Lessee shall commit no waste promptly notify Lessor of any liens, charges or other encumbrances with respect to the Demised Furniture of which Lessee has knowledge. Lessor shall have the right to place and maintain on the exterior or interior of each item of Furniture an inscription identifying Lessor’s security interest in the Furniture. Lessee shall not remove, obscure, deface or obliterate the inscription or permit any other person to do so. Lessee shall maintain the Furniture in good working order during the Lease Term, reasonable wear and tear excepted and shall not remove the Furniture from the Premises without Lessor’s prior written consent, which consent shall not be unreasonably withheld if Lessee proposes to store a portion of the Furniture in secure, offsite storage approved by Lessor, which approval shall not be unreasonably withheld, in order to accommodate Lessee’s subletting of the Premises. Notwithstanding anything herein to the contrary, Lessee shall have the right to lease the Furniture to subtenants of the Premises, nor suffer the same to in which event, though, any such subtenant’s possessory rights and, if applicable, purchase rights, in such Furniture shall be committed thereon, nor injure nor misuse the same; subordinate 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 security interest of Lessor created by this Section 3. Any such sublease shall contain an agreement on the part of such sublessee to execute any documents reasonable requested by Lessor to evidence such subordination, as well as an agreement by the sublessee to maintain the portion of the Director of Operations , nor use the same for any purposes except as those expressly authorized herein or Furniture in accordance with the applicable provision of this Lease. The Lessee shall keep the its subleased premises in good conditionworking order, 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 reasonable wear and tear excepted, and the Lessee shall have no right nor obligation not to alter or remove any improvements to the Premises such Furniture 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.
Appears in 1 contract
Samples: Lease (Ariba Inc)
LESSEE'S COVENANTS. 9.1 The Lessee agreeshereby represents, warrants and represents that it shall commit no waste undertakes, to and for the benefit of the Sub-Lessee, that:
i) The Lessee has valid leasehold rights to the Demised PremisesSub-Leased Area and the Lessee has power and authority to grant the Sub-Lease to the Sub-Lessee free from encumbrances created by the Lessee in the manner and on the terms and conditions herein contained.
ii) The Lessee shall be solely responsible for the design, nor suffer construction and maintenance of the same Project.
iii) Subject to the fulfilment of Sub-Lessee's obligations hereunder, the Sub-Lessee shall, at all times during the Sub-Lease Term, hold and enjoy the possession of the Sub- Leased Area and exercise the rights specified in this Sub-Lease Deed without any interruption or disturbance by (i) the Lessee or (ii) any person lawfully claiming through, under or in trust for the Lessee.
iv) The Lessee shall be committed thereonsolely responsible for the due performance of its obligations as specified in the Lease Deed and this Sub-Lease Deed, nor injure nor misuse and RLDA shall not be held liable for any claims pursuant to any loss and/or damages suffered by the same; Sub- Lessees or any third party on account of Xxxxxx's performance or non performance of its obligations pursuant to the terms of this Sub-Lease Deed.
v) The Lessee shall, at the costs and requests of the Sub-Lessee, do all reasonable acts and execute all necessary documents as may be reasonably required for more perfectly assuring sub-lease in respect of the said Apartment Unit to unto and in favour of the Sub-Lessee in the manner agreed upon.
vi) The Lessee hereby covenants with the Sub-Lessee that the Lessee shall keep the Sub- Lessee indemnified of from and against any encumbrance that may have been created by the Lessee in respect of its sub-leasehold interest in respect of the said Apartment Unit.
vii) The Lessee hereby further agrees, warrants and represents covenants with the Sub-Lessee that the Lessee has neither received the right nor Agreed Premium/Total Price mentioned in Schedule-E and acknowledges the power to assign or hypothecate this Lease receipt thereof in any way whatsoeverthe Memo of Consideration hereunder.
viii) The Lessee hereby further covenants that the Sub-Lessee shall, 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 said Lease and subject to the Sub-Lessee observing, performing and complying with the mutual easements and restrictions mentioned in this Deed including in Schedule- C and with the terms, conditions, restrictions, stipulations, obligations and covenants mentioned in this Deed including in Article II, Article VIII and Schedule D, peaceably occupy, hold and enjoy the said Apartment Unit as the sub-lessee thereof for the residue unexpired term 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 said 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.
Appears in 1 contract
Samples: Sub Lease Deed
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 Without LESSOR’S prior written approval LESSEE, for itself and for its agents and invitees, shall not:
(a) Cut or remove any of the Director Timber located on the Premises or do or permit to be done upon the Premises anything which would interfere with the exercise by LESSOR of Operations any of the Reserved Rights or by LESSOR or the appropriate Mineral Rights Owner, nor use as the same for case may be, of any purposes except as those expressly authorized herein of the Mineral Rights or which may materially damage, destroy or detract from or adversely affect the Timber of the Minerals or to any material extent any of the other natural environmental qualities and properties of the Premises.
(b) Construct any road or roads on the Premises. LESSEE shall in no event damage or destroy any road or roads now located or to be located in the future on the Premises. In accordance with the applicable provision of this Lease. The Lessee our “Best Management Practices,” 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 not remove 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, damage erosion control devices including but not limited to state water bars. A copy of these guidelines will be made available upon request. LESSEE shall use trucks, automobiles, tractors, jeeps and federal funds administered other similar licensed vehicles where approved on existing established xxxxx roads.
(c) Clear or construct shooting lanes, food plots or other wildlife enhancement projects on the Premises.
(d) Place or drive nails, spikes, or metal objects into any trees or timber on the Premises for any purpose whatsoever.
(e) Erect any type of road barrier. If approved by the CityLESSOR, LESSEE shall become the property of Lessor have permission to construct a gate to LESSOR’S specifications upon the expiration Premises. LESSOR reserves the right to require LESSEE to use a lock on the gate as provided by LESSOR. It is further understood and agreed that under no circumstances shall LESSEE use chains and/or cables as blocking devices.
(f) Construct or sooner termination erect structures, buildings, power lines, waterlines, roads or other improvements upon the Premises. No deer stands shall be placed, erected or constructed on any improved road right-of-way that would impede the maintenance of said right-of-way.
(g) Engage in any commercial hunting, fishing or recreational pursuits on the Premises, nor permit any other persons to do so, nor make any charge, on a commercial basis, to anyone for the privilege of hunting, fishing, or recreation on the Premises.
(h) Agree to any plan or program concerning the regulation of the management of water, land or other natural resources on the Premises.
(i) Except as set forth in Paragraph 5 hereof, set fires or allow fires to be set on any portion of the Premises. LESSEE will promptly notify LESSOR of any fire on the Premises or on adjacent lands.
(j) Xxxx within one hundred (100) yards of any public road or public right-of-way, nor discharge a firearm across any public road or public right-of-way, or within sight of any house or public property, or xxxx within three hundred (300) yards of any active timber management and/or harvesting operations.
(k) Use trucks, automobiles, tractors, jeeps and other similar licensed vehicles or ATV’s except where approved on existing established xxxxx roads.
(l) Commit or suffer any waste of the Premises, (ii) permit anything to occur thereon which constitutes a nuisance or (iii) permit the Premises or any part thereof to be used for any unlawful purpose. LESSEE shall keep the Premises free of all trash, refuse and garbage.
(m) Locate a cable across any roads or trails on the Premises.
(n) Make any additions to or modify or remodel any structures already existing on the Premises, nor construct or place any new structures (such as outbuildings, sheds or any other buildings of any kind or size) on the Premises without express prior written consent of the LESSOR, which may be withheld or denied in LESSOR’s sole discretion. Any and all such requests for consent to make additions to, modify or remodel any such existing structures or to construct or place any new structures on said Premises shall be directed to the LESSOR at the address specified in Paragraph 19 of the Lease Agreement, Attention: Forestry Manager, and shall be accompanied by plans showing the proposed addition, modification or remodeling in reasonable detail.
(o) Neither ignite nor permit to be ignited any fires on the Premises, except fires for heating any dwelling on the Premises, if such fires are incidental to the use of the Premises by LESSEE as permitted hereunder. Failure to comply with any of these covenants will be a material breach of this Lease lease which may result in good condition, normal wear and tear excepted, cancellation of the lease at the option of LessorLESSOR's election.
Appears in 1 contract
Samples: Recreational Lease
LESSEE'S COVENANTS. The In addition to all other covenants and agreements of the Lessee agreescontained in this lease, warrants the Lessee covenants and represents that agrees at all times during the term hereof, and for any further time as it shall commit no waste hold the Premises or any part thereof to:
(a) pay when due all rent provided for herein;
(b) procure any authorizations or licenses required for Lessee's use of the Premises;
(c) make all necessary non-capital repairs to or replacements for the Demised Premises, nor suffer interior of the Premises and to keep the same in as good order, repair and condition as the same are in at the commencement of the term or may be put in thereafter (reasonable wear and tear and damage by fire excepted);
(d) install and operate machines and mechanical equipment in such a manner as to be committed thereonprevent vibrations and noise outside the Premises;
(e) keep the Premises equipped with all safety appliances required by law or ordinance or any regulation of any public authority for the particular use of the Premises by the Lessee and make all repairs, nor injure nor misuse alterations, replacements, or additions so required;
(f) use the same; septic, sewage or other waste disposal system only for disposal of human waste and further agreesnot dump, warrants and represents that flush, or in any way, introduce any hazardous, toxic or chemical substances into said waste disposal system or use it in such a manner which would damage, impair or cause accelerated deterioration;
(g) permit the Lessor or its agents to enter at reasonable times upon reasonable prior notice to view the Premises and, if the Lessee has neither the right nor the power failed to, make repairs, within three days after notice to assign or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Leasemake repairs, or alterations necessary for the preservation and safety thereof;
(h) permit the Lessor to make alterations or improvements show the Premises to others at any time within one hundred twenty days (120) before the demised premises, except non structural alterations in connection expiration of the term so long as the Lessor does not materially interfere with the renovation Lessee's operation;
(i) remove its goods and effects and those of all persons claiming under it at 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 termination 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 and peaceably yield up said Premises and all additions thereto to the Lessor, leaving the same clean and in reasonably good conditionsuch repair, normal order and condition as in at the commencement of the term or as may be put in during the continuancy thereof, (excepting only such alterations as are made or authorized by the Lessor, or from reasonable wear and tear exceptedand damage by fire);
(j) not generate, and store or dispose of hazardous, toxic or chemical substances in or on the Lessee shall have no right nor obligation to remove any improvements to Premises;
(k) not permit the emission from the Premises without the prior written consent of Lessor. Likewiseany objectionable noise or odor;
(l) not carry on any business or occupation which shall be unlawful, or contrary to any fixtures, equipment, furnishings, supplies law or inventory which are purchased or obtained, during ordinance in force for the term of this the Lease, by ;
(m) not do any act 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 thing upon the expiration Premises (other than in its normal conduct of business) which will make it uninsurable against fire or sooner termination which is liable to increase the premium for fire insurance on the Building;
(n) Tenant will be responsible to remove snow and ice on front walkways and immediately in front of this Lease in good condition, normal wear and tear excepted, at the option of Lessoroverhead door entrances.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agreesfurther 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 the express purpose of Premises; to conduct or permit no business or act that is a nuisance or may be in violation of any federal, 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 Leasestate, or local law or ordinance; to make alterations or improvements to surrender 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 Leased Premises on expiration or earlier termination of this Lease in reasonably clean condition and good conditionrepair, 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 Lessee shall have property of Lessor on the termination of Lessee’s occupancy of the Leased Premises.
B. To comply with the Rules and Regulations attached hereto.
C. 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.
D. 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 Lessee’s expense.
E. To make no right nor obligation to remove any alterations in or additions or improvements to the Leased Premises, install any equipment in or on the Leased Premises without or maintain signs advertising the prior Lessee on the Leased Premises without, in each case, obtaining the written consent of Lessor. LikewiseIf 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 Paragraph 7 above, Lessee 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 fixturesrepairs, equipmentalterations, furnishingsadditions, supplies or inventory which improvements are purchased or obtainedmade. Upon request of Lessor, during Lessee agrees to restore, at Lessee’s sole expense, the term Leased Premises to its original condition upon the termination of this Lease.
F. To permit Lessor to enter, inspect, and make such repairs to the Leased Premises as Lessor may reasonably desire, at all reasonable times, and to permit Lessor to put on the Leased Premises a notice, that Lessee may not remove, stating that the Leased Premises are for rent one month preceding the expiration of this Lease.
G. Lessee agrees that it is solely responsible for making, at its sole cost, any alterations, additions, or improvements to the Leased Premises that are mandated by any and all state, federal and local accessibility legal requirements (“accessibility alterations”). The allocation of responsibility to Lessee for compliance with accessibility legal requirements with respect to the Leased Premises is a material inducement for the parties to enter this Lease. The cost incurred on said accessibility alterations shall be borne solely by Lessee. Lessee must obtain the written consent of Lessor before making any type of accessibility alterations.
H. Lessee agrees to inform Lessor of items in need of repair that Lessor is obligated to maintain and repair under this Lease, if any. Lessee shall serve Lessor written notice of such matters within Ten (10) days of Lessee’s discovery of items in need of repair.
I. Lessee agrees that any and all minor adults and/or children of guests or invitees of Lessee, who may be present on the Leased Premises from time to time, shall not be left unattended and shall be accompanied and supervised, at all times while on the Leased Premises, by such minor adult’s and/or child’s parent or legal guardian. Whether supervised or unsupervised by a parent or legal guardian, at no time shall such minor adults and/or children be allowed to play on, near or about the Leased Premises, injure any person who may be present on the Leased Premises or otherwise damage the Leased
J. Lessee agrees that it is solely responsible for making, at its sole cost, any alterations, additions, or improvements to the Leased Premises which are mandated or otherwise may be required for the issuance of a certificate of occupancy from the local municipality. Furthermore, 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 exceptedagrees that it is solely responsible, at its sole cost, for making all alterations, additions, or improvements necessary to the option Leased Premises to cause the Leased Premises and its intended use to be in compliance with any laws, rules, ordinances, development codes or regulations of Lessor.any applicable governmental authority, entity, or body, including, without limitation, the American’s with Disabilities Act, the Federal Government, the local municipality, the County of Xxxxxxxxxx, and the State of Texas. The allocation of responsibility to Lessee for compliance with said laws, rules, ordinances, development codes or regulations is a material inducement for the parties to
Appears in 1 contract
Samples: Office Lease Agreement
LESSEE'S COVENANTS. The Xxxxxx agrees that until all amounts payable under this Master Lease have been paid in full and all other obligations hereunder have been performed in full, Lessee agrees, warrants and represents that it shall commit no waste to comply with 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 covenants in this Section 19.
a. Lessee shall comply with all applicable law.
b. Lessee shall maintain in full force and effect all permits required to continue conducting its business and to lease and use the Equipment in the manner contemplated under this Master Lease.
c. Lessee shall pay, and indemnify and hold Lessor harmless from, all assessments, license fees, and sales, use, property, excise, and other taxes and charges (other than gross or to make alterations net income taxes) arising out of or improvements to the demised premises, except non structural alterations in connection with this Master Lease, the renovation consummation of the demised premises for transactions contemplated herein, or the permitted uses subject to the prior written approval shipment, possession, ownership, use, delivery, or operation 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 Equipment.
d. Lessee shall keep the premises in good condition, Equipment free and clear of debris, safely and adequately for the uses and purposes hereby authorized. The all liens.
e. Lessee shall deliver operate Equipment in accordance with any Lendor policies, safety and/or user manuals. Lessee shall not operate or permit the premises up operation of the Equipment in an unsafe or improper manner.
f. Lessee, at its own expense, shall maintain all records, logs, and other materials related to the Equipment ("Records") using practices and with a degree of care, comprehensiveness, and accuracy consistent with industry practice, but in no event less than reasonable practices and a reasonable degree of care, comprehensiveness, and accuracy, and as required by applicable law, and promptly furnish to Lessor upon such Records as may be requested by Lessor for any purpose.
x. Xxxxxx'x employees and agents shall have the expiration or earlier termination right of this Lease in reasonably good conditionaccess to Xxxxxx's premises to inspect the Equipment and Lessee's Records on reasonable notice and during regular business hours. On Lessor's request, normal wear and tear excepted, and the Lessee shall have no right nor obligation cooperate with and assist Xxxxxx in obtaining access to remove any improvements premises other than Xxxxxx's so that Lessor's employees and agents may inspect the Equipment.
h. Lessee has the knowledge and expertise to operate 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 LessorEquipment.
Appears in 1 contract
Samples: Master Equipment Lease Agreement
LESSEE'S COVENANTS. The Lessee agrees, warrants It is agreed and represents that it shall commit no waste to understood by Xxxxxx the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; and further agrees, warrants and represents following:
(a) that the Lessee has neither leased premises shall be used only as a private dwelling and for no other purposes whatsoever.
(b) that all the right nor the power to assign or hypothecate this Lease in any way whatsoeverusual electric, 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 gas and water fees shall be paid be Lessee.
(c) that Lessee shall keep maintain the premises in good conditioncondition during the continuance of this agreement and shall neither cause nor allow any abuse of the facilities therein, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises up to Lessor upon the termination or expiration thereof shall redeliver the property in as good condition as at the commencement of the term or earlier termination of this Lease as may be put in reasonably good conditionduring the term, normal reasonable wear and tear exceptedfrom use and obsolescence accepted, in the event the option to purchase is not exercised.
(d) that Lessee is and shall be responsible and liable for making repairs and or replacements that may be required for injury or damage to the leased premises, equipment or facilities, or kitchen appliances therein.
(e) that Lessee shall have no right nor obligation not make or cause to remove be made any improvements changes, alterations, additions or attach any objects of permanence to portions of the building or do anything that might cause injury or damage to the Premises leased premises without the prior written consent of Lessor. Likewise.
(f) that all personal property placed in or upon the leased premises, or in any fixturesstorage rooms, equipmentshall be at the risk of the Lessee, furnishingsor the parties owning same, supplies or inventory which are purchased or obtained, during the term of this Lease, by or and Lessor shall in no event be liable for the Lessee utilizing loss or damage of any City operating or other revenue funds, including but not limited to state and federal funds administered by the City, shall become the such property.
(g) that Lessor retains a landlords lien on all personal property of Lessor placed upon the expiration or sooner premises to secure the payment of rent and any damages to the leases premises.
(h) that Lessee must give Lessor ( ) days advance written notice of his intention to vacate the premises prior to the first day of the month at which the lease will be terminated. Lessee understands that a termination may only effective on the first day of this Lease in good conditiona month. Lessee may not terminate on any other than the first day of the month. Thus, normal wear partial monthly rental payments are allowed and tear excepted, at the option of Lessorrent shall not be prorated.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agrees, warrants It is agreed and represents that it shall commit no waste to understood by Xxxxxx the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; and further agrees, warrants and represents following:
(a) that the Lessee has neither leased premises shall be used only as a private dwelling and for no other purposes whatsoever.
(b) that all the right nor the power to assign or hypothecate this Lease in any way whatsoeverusual electric, 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 gas and water fees shall be paid by Lessee.
(c) that Lessee shall keep maintain the premises in good conditioncondition during the continuance of this agreement and shall neither cause nor allow any abuse of the facilities therein, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises up to Lessor upon the termination or expiration thereof shall redeliver the property in as good condition as at the commencement of the term or earlier termination of this Lease as may be put in reasonably good conditionduring the term, normal reasonable wear and tear exceptedfrom use and obsolescence accepted, in the event the option to purchase is not exercised.
(d) that Lessee is and shall be responsible and liable for making repairs and or replacements that may be required for injury or damage to the leased premises, equipment or facilities, or kitchen appliances therein.
(e) that Lessee shall have no right nor obligation not make or cause to remove be made any improvements changes, alterations, additions or attach any objects of permanence to portions of the building or do anything that might cause injury or damage to the Premises leased premises without the prior written consent of Lessor. Likewise.
(f) that Lessee, their household members, or any fixturesguest or other person under control of Xxxxxx, equipmentshall refrain from behavior and/or actions that:
(i) threatens the health or safety of, furnishingsor right to peaceful enjoyment of the premises by, supplies other residents or inventory which are purchased employees of Lessor and/or management;
(ii) threatens the health or obtainedsafety of, during or right to peaceful enjoyment of their premises by persons residing in the term immediate vicinity of this Leasethe immediate vicinity of the premises; or
(iii) is criminal activity (including drug-related criminal activity) on or off the premises.
(g) the Lessee and their household members shall comply with all rules and policies of Lessor regarding occupancy of the premises and participation in Lessor’s low- income housing programs.
(h) that all personal property placed in or upon the leased premises, by or in any storage rooms, shall be at the risk of the Lessee, or the parties owning same, and Lessor shall in no event be liable for the Lessee utilizing loss or damage of any City operating or other revenue funds, including but not limited to state and federal funds administered by the City, shall become the such property.
(i) that Lessor retains a landlords lien on all personal property of Lessor placed upon the expiration or sooner premises to secure the payment of rent and any damages to the leases premises.
(j) that Lessee must give Lessor thirty (30) days advance written notice of his intention to vacate the premises prior to the first day of the month at which the Agreement will be terminated. Lessee understands that a termination may only be effective on the first day of this Lease in good conditiona month. Lessee may not terminate on any day other than the first day of the month. Thus, normal wear partial monthly rental payments are not allowed and tear excepted, at the option of Lessorrent shall not be prorated.
Appears in 1 contract
Samples: Residential Lease Agreement With Option to Purchase
LESSEE'S COVENANTS. The Lessee agrees, warrants Xxxxxx further covenants and represents that agrees as follows:
a. To pay the rent and every installment of it shall commit no waste when it comes due; 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 a careful and adequately proper manner for the uses and purposes hereby authorized. The Lessee shall deliver express purpose of operating a law office; to commit or permit no waste or damages to the 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 premises up to Lessor upon the on expiration or earlier termination of this Lease ofthis lease in reasonably clean condition and good conditionrepair, normal wear and tear andtear excepted, provided, however, that all alterations, additions, and the Lessee shall have no right nor obligation to remove any improvements to the Premises without the prior written consent of Lessor. Likewisepermanently attached and made by Lessee, any fixturesits successors, sublessees, and assigns (excepting movable furniture, equipment, furnishingssupplies, supplies or inventory which are purchased or obtainedinventory, during the term of this Lease, and special air-conditioning equipment installed 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, Lessee) shall become and remain the property of Lessor upon on the expiration or sooner termination of this Lease Lessee’s occupancy of the premises.
b. To pay all costs of fuel, electricity, garbage, telephone, and all other utilities used on the premises. All those amounts shall be paid within 10 days of becoming due.
c. To indemnify and hold harmless Lessor and the leased premises from all costs, losses, damages, liabilities;·expenses, penalties, and fines whatsoever that may arise from or be claimed against Lessor orthe leased premises by any person or persons for any injuryto person or property or damages of whatever kind or character arising from the use or-occupancy ofthe leased premises by Lessee; from any neglect or fault of Lessee or the agents and the employees of Lessee in good conditionusing and occupying the premises, normal wear or from any failure by Lessee to comply and tear exceptedconform with all laws, statutes, ordinances, and regulations of any governmental body or subdivision now or hereafter in force. If any lawsuit or proceeding shall be brought against Lessor or the leased premises on account of any alleged violations or failure to comply and conform or on account of any damage, omission, neglect, or use of the premises by Xxxxxx, the agents and employees of Lessee, or any other person on the premises, Xxxxxx agrees that Lessee or any other person on the premises will defend it, pay whatever judgments may be recovered against Lessor or against the premises on account of it, and pay for all attorneys' fees in connection with it, including attorneys' fees on appeal.
d. To make no alterations in or additions or improvements to install any equipment withoutthe prior consent of thelessor.
e. To permit Lessor to enter, inspect, and make such repairs to the leased property as Lessor may reasonably desire, at the option of Lessorall reasonable times.
Appears in 1 contract
Samples: Lease Agreement
LESSEE'S COVENANTS. The In addition to Lessee's other covenants and obligations hereunder, Lessee agreesagrees during the Term and for so long as Lessee's occupancy continues:
(a) To pay when due the Base Rent and additional expenses as set forth herein, warrants to maintain the Leased Premises in good condition and represents that it shall commit no waste repair, reasonable wear and tear excepted and to promptly perform all items of maintenance and repair which Lessee is obligated to perform pursuant to paragraph 7 hereof;
(b) To permit Lessor to have access to the Demised Leased Premises, nor suffer with prior notice, during Lessee's normal operating hours provided any such entry does not interfere with Lessee's business or operations, and, in the event of an emergency, at other times, for the purpose of inspection of the same and to be committed thereonassure Lessor with regard to the performance by Lessee of the terms and conditions hereof, nor injure nor misuse and, during the same12 months prior to expiration of the Term or any Renewal Term, to show the Leased Premises to prospective purchasers and tenants; provided, however, in recognition of Lessee's security needs and further agreesobligations as a bank, warrants and represents that Lessor shall not exercise any right it has to enter into any secure area within 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, Leased Premises or to enter the Leased Premises outside Lessee's normal operating hours without Lessee's prior consent and under reasonable security conditions, accompanied by an officer or authorized representative of Lessee. Notwithstanding the foregoing, Lessor may exercise its right to enter the Leased Premises without Lessee's prior consent in emergency situations threatening life or property in which case Lessor will make alterations or improvements reasonable attempts to the demised premises, except non structural alterations in connection with the renovation of the demised premises for the permitted uses subject contact Lessee and will contact local police prior 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 such entry;
(c) At the expiration or earlier termination of this Lease in reasonably good conditionthe Term or any applicable Renewal Term, normal wear promptly to yield up, clean and tear exceptedneat, the Leased Premises and all improvements, alterations and additions thereto (unless required to be removed) and all fixtures and equipment servicing the Lessee shall have no right nor obligation Building; and to remove Lessee's signs, goods and effects and any improvements to fixtures and equipment used in the conduct of Lessee's business not serving the Building; and
(d) Comply with all governmental requirements and regulations respecting Lessee's use and occupancy of the Leased Premises without in a timely manner and be solely responsible for all tax levies, assessments, licenses or fines arising from the prior written consent conduct 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 LessorLessee's business.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with Lessor that during the Term, warrants Lessee shall fully comply with and represents that it perform the following obligations.
(a) Lessee shall commit no waste punctually pay to Lessor when due all the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; monies specified 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 calculated in accordance with the applicable provision terms of this Lease. The Agreement and at the time and in the manner herein specified and shall punctually and duly observe and perform Lessee’s obligations under this Agreement.
(b) Lessee shall maintain (or shall cause to be maintained) insurance in respect of the Aircraft, its liabilities and properties in accordance with good airline practice and the terms and conditions of this Agreement.
(c) Lessee shall preserve its existence and maintain all rights, privileges, licenses and franchises necessary to its business or material to its performance of its obligations under this Agreement.
(d) Lessee shall provide Lessor with notice of any change in its chief executive office prior to such change, provided that such notice shall not be required more than five (5) days prior to such change; and further provided that Lessor shall keep such information confidential until after the change occurs.
(e) To the extent that Lessee is a certified operator, Lessee shall keep in full force Lessee’s operator’s certificate(s) issued by the premises Aviation Authority and each other Governmental Entity, including all special conditions and obligations to be fulfilled by Lessee, and of all renewals, amendments and modifications thereto.
(f) Lessee shall promptly, upon becoming aware of the same, notify Lessor in writing of the occurrence of any Event of Default or of any event which with the giving of notice or passage of time could become an Event of Default. AIRCRAFT LEASE AGREEMENT 36 MSN
(g) Lessee shall not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the rights of Lessor as owner and lessor of the Aircraft and as an additional insured or loss payee under the insurance required under this Agreement.
(h) Lessee shall not, on any occasion when the ownership of the Aircraft, any Engine or any Part is relevant, claim any interest in the Aircraft other than as Lessee under this Agreement.
(i) Lessee shall not at any time (1) represent or hold out Lessor as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee or (2) pledge the credit of Lessor.
(j) Lessee shall not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, the Aircraft Documents, any Engine or any Part, except as provided in Section 6 hereof.
(k) Lessee shall maintain (or cause to be maintained) in good condition, free standing a current certificate of debris, safely and adequately airworthiness for cargo operations for the uses and purposes hereby authorized. The Aircraft issued by the Aviation Authority.
(l) Lessee shall deliver maintain the premises up Aircraft (or cause the Aircraft to be maintained) in all respects so as to be in compliance with FAR Part 121.
(m) Lessee shall not discriminate against the Aircraft (as compared to other aircraft owned or operated by Lessee in its commercial cargo fleet) in contemplation of the expiration or termination of this Agreement, with respect to Lessee’s use, operation or maintenance of the Aircraft or the performance by Lessee of ADs or service bulletins (other than withdrawal of the Aircraft from use and operation as is necessary to prepare the Aircraft for return to Lessor upon the expiration such termination or earlier termination of expiration).
(n) Lessee will take all steps reasonably requested by Lessor, required or necessary to cause: (i) this Lease in reasonably good condition, normal wear and tear exceptedAgreement, and the Lessee shall have no right nor obligation all supplements and all amendments thereto to remove any improvements be promptly filed and recorded, or filed for recording, 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 extent permitted by the CityAviation Authority or required under any other applicable Law; and (ii) as required by Lessor’s Lender or applicable Law, shall become the property of Lessor upon international interests with respect to this Agreement to be registered with the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at the option of LessorInternational Registry.
Appears in 1 contract
Samples: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)
LESSEE'S COVENANTS. The Lessee agreesIn consideration of the foregoing, 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 hereby agrees:
a) To promptly pay 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 rents for the permitted uses subject to leased Premises in the prior written approval of manner and at the Director of Operations , nor use the same for any purposes except times as those expressly authorized herein or in accordance with the applicable provision of this Lease. The Lessee shall provided.
b) To keep the premises in good conditionleased Premises neat, free of debrisclean, safely safe 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, sanitary during the term of this LeaseLease Agreement; to return the premises in neat, by or for clean, safe and sanitary condition at the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered by end of the City, shall become the property of Lessor upon the expiration or sooner termination term of this Lease Agreement; and to observe and comply with all regulations governing said Premises made by any proper governing agency as to cleanliness, all without cost or expense to Lessor. This shall include, where applicable, the maintenance of fences, gates, structures, and other improvements on the site and the control of noxious weeds.
c) To indemnify the Lessor herein and save it harmless from and against all liability, penalties, damages, expenses and judgments arising from injury or damage to persons or property of any nature, in/on said Premises, or arising from materials or supplies which Lessee uses or maintains in good conditionthe leased Premises, normal or arising out of Lessee’s operation of a business or occasioned by any act or acts, omissions of either Lessee or Lessee’s agents or servants except to the extent those injuries occur as a result of Lessor or Lessor’s agents; and to this end, to carry a standard insurance policy with liability insurance in an amount not less than $500,000. Xxxxxx agrees to file with the City Clerk’s office a copy of said insurance policy or a certificate showing said insurance in force prior to occupancy.
d) To permit Lessor, its agents and assigns the right of ingress or egress to inspect the Premises with or without notification.
e) To allow no waste during occupancy of the Premises, natural wear and tear exceptedor damage by the elements accepted. Tenant will not remove nor allow on other person to remove any fencing, at timber, shrubbery or parts thereof.
f) To execute and comply promptly with all statutes, ordinances, rules, orders, regulations, and requirements of any governmental entity regulating the option Premises.
g) Xxxxxx agrees to pay for any and all utilities and other services supplied to said Premises not hereinbefore enumerated throughout the term of this Lease Agreement, and all such services shall be put in Lessee's name prior to occupancy.
h) Xxxxxx agrees to be responsible for any security associated with the Premises.
i) Xxxxxx agrees to reimburse the Lessor for all water consumption costs, as referenced in Section 4c, within 30-days of Notification.
j) Xxxxxx agrees to notify the Lessor, annually, of the quantity of produce donated per Section 2 of said Lease Agreement.
Appears in 1 contract
Samples: Lease Agreement
LESSEE'S COVENANTS. The Lessee agrees, warrants further covenants and represents that agrees as follows:
a. To pay the rent and every installment of it shall commit no waste when it comes due; 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 a careful and adequately proper manner for the uses and purposes hereby authorized. The Lessee shall deliver expressed purpose of operating a lawful business so long as it does not disturb surrounding tenants or occupants; to commit or permit no waste or damages to the 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 premises up to Lessor upon the on expiration or earlier termination of this Lease lease in reasonably clean condition and good conditionrepair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee, its successors, sublessees, and assigns (excepting movable furniture, equipment, supplies, inventory, and special air-conditioning equipment installed by Lessee) shall become and remain the property of Lessor on the termination of Lessee’s occupancy of the premises.
b. To pay all costs of telephone, cable and all other utilities used on the premises, whether separately metered or otherwise. Electric, water, sewer and trash removal is included in the rent. All those amounts shall be paid within ten days of becoming due. The above notwithstanding, in the event Lessor, in its reasonable discretion, determines that the leased premises constitutes more than 19% of Lessor’s total xxxx, Lessor reserves the right to charge Lessee an additional amount for electric. Lessor shall provide no janitorial services.
c. To maintain at all times during the lease term, at Lessee’s cost, a comprehensive public liability insurance policy protecting Lessor against all claims or demands that may arise or be claimed on account of Lessee’s use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property. The insurance shall be written by a company or companies acceptable to Lessor, authorized to engage in the business of general liability insurance in the State of Florida. Lessee shall deliver to Lessor annual certificates demonstrating that insurance is paid up and copies of the insurance policies issued by the insurance companies. Lessee further agrees to maintain at all times during the lease term, at Lessee’s cost, broad-coverage fire and casualty insurance on its property (including inventory) and to provide Lessor with a copy of the policy and a certificate issued by the insurance company demonstrating that insurance is paid up. At its option, Lessor may request Lessee to obtain a certified statement by each insurance carrier containing a clause providing that the insurance carrier will give Lessor 30 days’ written notice before any cancellation shall be effective. The insurance policies shall be provided by Lessee and shall be for a period of at least one year. If Lessee fails to furnish policies or certificates showing policies to be paid in full as provided in this lease, Lessor may obtain the insurance, and the premiums on that insurance will be deemed additional rental to be paid by Lessee to Lessor on demand. At Lessor’s request, Lessee shall have no right nor obligation to remove provide Lessor with a certificate naming Lessor as an additional insured on Lessee’s liability policy.
d. To prohibit and refrain from engaging or in allowing any improvements to use of leased premises that will increase Lessor’s premiums for insurance on the Premises building without the prior express written consent of Lessor.
e. To indemnify and hold harmless Lessor and the leased premises from all costs, losses, damages, liabilities, expenses, penalties, and fines whatsoever that may arise from or be claimed against Lessor or the leased premises by any person or persons for any injury to person or property or damage of whatever kind or character arising from: the use or occupancy of the leased premises by Lessee; from any neglect or fault of Lessee or the agents and the employees of Lessee in using and occupying the premises; or from any failure by Lessee to comply and conform with all laws, statutes, ordinances, and regulations of any governmental body or subdivision now or hereafter in force. LikewiseIf any lawsuit or proceeding shall be brought against Lessor or the leased premises on account of any alleged violations or failure to comply and conform or on account of any damage, omission, neglect, or use of the premises by Lessee, the agents and employees of Lessee, or any fixturesother person on the premises, equipmentLessee agrees that Lessee or any other person on the premises will defend it, furnishingspay whatever judgments may be recovered against Lessor or against the premises on account of it, supplies and pay for all attorneys’ fees in connection with it, including attorneys’ fees on appeal.
f. In case of damage to glass in the leased premises, to replace it with glass of the same kind, size, and quality as quickly as possible at Lessee’s expense.
g. To make no alterations in or inventory additions or improvements to; install any equipment in; or maintain signs advertising its business on the premises without, in each case, obtaining the written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. If any alterations, additions, or improvements in or to the premises are purchased made necessary by reason of the special use and occupancy of the premises by Lessee, Lessee agrees that Lessee will make all such alterations, additions, and improvements in or obtainedto the premises at its own expense and in compliance with all building codes, during ordinances, condominium rules and regulations and governmental regulations pertaining to such work, use, or occupancy. Lessee agrees that Lessee 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.
h. To permit Lessor to enter, inspect, and make such repairs to the term leased property as Lessee may reasonably desire, at all reasonable times, and to permit Lessor to put on the leased premises a notice that Lessee may not remove stating that the premises are for rent one month preceding the expiration 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 Lessorlease.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agrees, warrants further covenants and represents that agrees as follows:
a. To pay the rent and every installment of it shall commit no waste when it comes due; 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 a careful and adequately proper manner for the uses and purposes hereby authorized. The Lessee shall deliver express purpose of operating a Xxxx County business; to commit or permit no waste or damages to the premises; to conduct or permit no business or act that is a nuisance or may be in violation of any federal, state or local or ordinance; to surrender the premises up to Lessor upon the on expiration or earlier termination of this Lease lease in reasonably clean condition and good conditionrepair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee, its successors, subleases, and assigns (excepting movable furniture, equipment, supplies, inventory, and special air conditioning equipment installed by Lessee) shall become and remain the property of Lessor on the termination of Lessee’s occupancy of the premises.
b. To maintain at all times during the lease term, at Lessee’s cost, a comprehensive public liability insurance policy protecting Lessor against all claims or demands that may arise or be claimed on account of Lessee’s use of the premises. The insurance shall be written by a company or companies acceptable to Lessor, authorized to engage in the business of general liability insurance in the State of Texas. Lessee shall deliver to Lessor annual certificates demonstrating that insurance is paid up and copies of the insurance policies issued by the insurance companies. Lessee further agrees to maintain at all times during the lease term, at Lessee’s cost, broad coverage fire and casualty insurance on its property (including inventory) and to provide Lessor with a copy of the policy and a certificate issue by the insurance company demonstrating that insurance is paid up. At its option, Lessor may request Lessee to obtain a certified statement by each insurance carrier containing a clause providing that the insurance carrier will give Lessor 30 days’ written notice before any cancellation shall be effective. The insurance policies shall be provided by Lessee and shall be for period of at least one year. It Lessee fails to furnish policies or certificates showing policies to be paid in full as provided in this lease, Lessor may obtain the insurance, and the premiums on that insurance will be deemed additional rental to be paid by Lessee shall have to Lessor on demand.
c. To prohibit and refrain from engaging or in allowing any use of the leased premises that will increase Lessor’s premiums for the insurance on the building without the express written consent of Lessor.
d. In case of damage to glass caused by the Lessee in the leased premises, to replace it with glass of the same kind, size, and quality as quickly as possible at Lessee’s expense.
e. To make no right nor obligation to remove any alterations in or additions or improvements to install any equipment in or maintain signs advertising its business on the Premises without premises without, in each case, obtaining the prior written consent of Lessor. LikewiseIf any alterations, additions, or improvements in or to the premises are made necessary by reason of the special use and occupancy of the premises by Lessee, Lessee agrees that it will make all such alterations, additions, and improvements in or to the premises at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. Lessee 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 fixturesrepairs, equipmentalterations, furnishingsadditions, supplies or inventory which improvements are purchased or obtainedmade.
f. To permit Lessor to enter, during inspect, and make such repairs to the term leased property as Lessor may reasonably desire, at all reasonable times, and to permit Lessor to put on the leased premises a notice that Lessee may not remove stating that the premises are for rent one month preceding the expiration of this Lease, by or for lease.
g. To pay all costs of telephone and internet utilities to be used on the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered premises 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 LessorLessee.
Appears in 1 contract
Samples: Business Lease
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole cost and represents that it shall expense, during the Term and such further time as Lessee occupies any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, if separately metered at any time during the Term, all charges for electricity and other utilities;
(b) damage by fire or casualty and reasonable wear and tear only excepted, to keep the Premises (including window glass) in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer or commit no any waste therein, nor to place a load upon any floor which exceeds the floor load which the floor was designed to carry, nor to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Uses, nor any use thereof which is improper, offensive, or contrary to any laws, ordinances, codes, rules and regulations, or the provisions of any license, permit or other governmental consent or approval required for or applicable now or at any time during the Term to the Demised Land, the Building or the Premises or Lessee's use therefor (collectively, "Legal Requirements"), or which is liable to invalidate or increase the premiums for any insurance on the Building or its contents, or liable to render necessary any alterations or additions to the Building;
(d) not to obstruct in any manner any portion of the Building not hereby leased, or the sidewalks or approaches to the Building, or the Parking Area, or any hallways or Common Areas, and to conform to all reasonable rules now or hereafter made by Lessor for the care and use of the Building, its facilities and approaches;
(e) to comply with all Legal Requirements and all recommendations of Lessor's fire insurance rating organization now or hereafter in effect which in either case are applicable to Lessee's use of the Premises, nor suffer to keep the same Premises equipped with all safety appliances, and to procure (and maintain in full force and effect) all licenses, permits and other governmental consents and approvals required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee (without hereby intending to vary the provisions of Section 4.0 above), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises;
(f) not, without on each occasion obtaining the prior written consent of Lessor, which consent may be committed thereonwithheld by Lessor in its sole discretion, nor injure nor misuse to make any alterations, renovations, improvements and/or additions to the same; Premises (collectively, "Alterations") except those made pursuant to the Work Letter attached hereto as EXHIBIT C, (except that no such prior written consent of Lessor shall be required for Alterations which (i) shall not exceed $5,000 in cost in each instance, and further agrees(ii) do not affect the structural integrity of the Building, warrants and represents (iii) are not detrimental to or incompatible with the Building systems, and (iv) do not affect the exterior appearance of the Building, PROVIDED that in each such case (x) Lessee shall still provide advance notice to Lessor of the Lessee has neither intended Alterations, and (y) such Alterations shall be subject to all of the right nor provisions of this paragraph (f) other than the power to assign or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Leaserequirement of Lessor's prior consent), or to make alterations or improvements to permit the demised premises, except non structural alterations making of any holes in connection with the renovation any part of the demised premises for Building or the permitted uses subject painting or placing of any signs, awnings, or the like, visible from outside of the Premises. Prior to commencing any Alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents and approvals; obtain the prior written approval of Lessor as to the Director plans and specifications for such work; obtain the written approval of Operations , nor use Lessor as to the same for any purposes except general contractor (or as those expressly authorized herein to each trade contractor if there is no general contractor); cause each contractor and subcontractor to carry workmen's compensation insurance in statutory amounts covering all of the contractor's and subcontractor's employees; and cause each general contractor (or each trade contractor if there is no general contractor) and subcontractor to carry comprehensive public liability insurance 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 amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractors and subcontractors). All Alterations shall be of a quality equal to or better than the "Initial Improvements" (as defined in the Work Letter attached hereto). All Alterations (other than Lessee's removable personal property and trade fixtures) and all of the "Initial Improvements" (as defined in the Work Letter) shall remain part of the Premises and shall not be removed upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear the Term EXCEPT for (i) Lessee's telephone and tear exceptedcomputer systems, and (ii) those items which Lessor designates for removal in a notice given to Lessee at the time that Lessee requests Lessor's approval of such Alteration. Lessee shall have no right nor pay promptly when due the entire cost of such work. Lessee shall not cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Land or the Building, and shall discharge or bond any such liens which may be filed or recorded against the Premises within fifteen (15) days after the filing or recording thereof. All such work shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and the provisions of all applicable insurance policies. Promptly after the completion of any Alterations, Lessee shall provide an as-built plan thereof to Lessor. Lessee shall indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys' fees, arising from injury to any person or property occasioned by or growing out of such work, which indemnity shall survive the expiration or termination of this Lease;
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to (i) a claim of injury to any person or damage to any property while on the Premises, if not due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor's obligations under this Lease; or to (ii) a claim of injury to any person or damage to any property anywhere alleged to be occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor or invitee of any of the foregoing. Lessor agrees to indemnify and hold harmless Lessee from and against all loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to a claim for personal injury or property damage resulting from the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or from the breach of Lessor's obligations or representations under this Lease. The provisions of this clause (g) shall survive the expiration or termination of this Lease;
(h) to permit Lessor and Lessor's agents to examine the Premises at reasonable times (provided 24 hours' notice is given to Lessee, except in case of emergency), and if Lessor shall so elect (without hereby imposing any obligation on Lessor to do so), to permit Lessor to make any repairs or additions Lessor may deem necessary; and at Lessee's expense to remove any improvements Alterations, signs, awnings, aerials, flagpoles or the like not consented to in writing; and to permit Lessor to show the Premises to prospective purchasers and lessees (at reasonable times on reasonable advance notice to Lessee) and to keep affixed to any suitable part of the Premises, during the nine (9) months preceding the expiration of the Term, appropriate notices for letting or selling;
(i) that all furniture, furnishings, fixtures and property of every kind of Lessee and of all persons claiming by, through or under Lessee which may be on the Premises from time to time (collectively, "Lessee's Property") shall be at the sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause unless caused by the negligence or willful misconduct of Lessor, or its officers, agents, employees, servants or contractors;
(j) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee's Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property;
(k) by the end of business on the last day of the Term (or the effective date of any earlier termination of this Lease as herein provided), to remove (1) all of Lessee's Property and (2) the items or components of Alterations designated for removal as provided in paragraph (f) above and (3) the items or components of the "Initial Improvements" (as defined in the Work Letter) designated for removal as provided in the Work Letter, in each case whether the same be permanently affixed to the Premises without or not, and to repair any damage caused by any such removal to Lessor's reasonable satisfaction; and to remove the prior written consent contents of all neutralization tanks installed by Lessee in the Premises; and peaceably to yield up the Premises clean and in good order, repair and condition (reasonable wear and tear, and damage by fire or other casualty or taking which Lessee is not otherwise required by the terms of this Lease to repair or replace only excepted); and to deliver the keys to the Premises to Lessor. Likewise, any fixtures, equipment, furnishings, supplies Any of Lessee's Property or inventory those Alterations designated for removal as provided in paragraph (f) above which are purchased not removed by such date shall be deemed abandoned and may be removed and disposed of by Lessor in such manner as Lessor may determine, and Lessee shall pay to Lessor on demand, as Additional Rent, the entire cost of such removal and disposition, together with the costs and expenses incurred by Lessor in making any incidental repairs and replacements to the Premises necessitated by Lessee's failure to remove Lessee's Property or obtainedthose Alterations designated for removal as provided in paragraph (f) above, during as required herein or by any other failure of Lessee to comply with the term terms of this Lease, by and for use and occupancy during the period after the expiration of the Term and prior to Lessee's performance of its obligations under this paragraph (k). Lessee shall further indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or for judgments, including, without limitation, reasonable attorneys' fees, resulting from Lessee's failure or delay in surrendering the Lessee utilizing any City operating or other revenue funds, including but not limited Premises as above provided (such indemnity to state and federal funds administered by the City, shall become the property of Lessor upon survive the expiration or sooner termination of this Lease), PROVIDED, HOWEVER, that Lessee shall be liable for consequential damages resulting from Lessee's failure or delay in surrendering the Premises as above provided only if prior to the last day of the Term (or the effective date of the termination of this Lease as herein provided, if sooner terminated) Lessor
(l) to pay Lessor's reasonable expenses, including reasonable attorneys' fees, incurred in good conditionenforcing any obligations of Lessee under this Lease;
(m) not to generate, normal wear store or use any "Hazardous Materials" (as hereinafter defined) in or on the Premises or elsewhere in the Building or on the Land except those identified in writing to Lessor from time to time, and tear exceptedthen only in compliance with any and all applicable Legal Requirements, or dispose of Hazardous Materials from the Premises to any other location except a properly approved disposal facility and then only in compliance with any and all Legal Requirements regulating such activity, nor permit any occupant of the Premises to do so. As used in this Lease, "Hazardous Materials" means and includes any chemical, substance, waste, material, gas or emission which is radioactive or deemed hazardous, toxic, a pollutant, or a contaminant under any statute, ordinance, by-law, rule, regulation, executive order or other administrative order, judgment, decree, injunction or other judicial order of or by any governmental authority, now or hereafter in effect, relating to pollution or protection of human health or the environment. By way of illustration and not limitation, "Hazardous Materials" includes "oil," "hazardous materials," "hazardous waste," and "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 ET SEQ., as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6902 ET SEQ., as amended, and the Toxic Substances Control Act, 15 U.S.C. Section 8601 ET SEQ., as amended, the regulations promulgated thereunder, and Massachusetts General Laws, Chapter 21C and Chapter 21E and the regulations promulgated thereunder. If, at any time during the option Term, either (i) any lender requires testing to determine whether there has been any release of Hazardous Materials by Lessee or someone claiming by, through or under Lessee, based on the particular use being made of the Premises by such person or entity, or (ii) any governmental authority requires such testing by reason of the use of the Premises made by Lessee or anyone claiming by, through or under Lessee, then in any such case Lessee shall reimburse Lessor upon demand, as Additional Rent, for the reasonable costs thereof. Lessee shall execute affidavits, certifications and the like, as may be reasonably requested by Lessor from time to time concerning Lessee's best knowledge and belief concerning the presence of Hazardous Materials in or on the Premises, the Building or the Land resulting from the use made of the Premises by Lessee or anyone claiming by, through or under Lessee. Lessor reserves the right to enter the Premises at reasonable times (provided twenty-four (24) hours' notice is given to Lessee, except in case of emergency) to inspect the same for Hazardous Materials. Lessee's obligations under this paragraph (m) shall include, if at any time during the Term Lessee or anyone claiming by, through or under Lessee uses or stores radioactive materials on the Premises, compliance with all so-called "close-out" procedures of the Nuclear Regulatory Commission or other federal, state or local governmental authorities having jurisdiction over radioactive materials, regardless of whether or not such procedures are completed prior to the expiration or earlier termination of the Term. Lessee shall indemnify, defend, and hold harmless Lessor., and the holder of any mortgage on the Building or the Land, from and against any claim, cost, expense, liability, obligation or damage, including, without limitation, attorneys' fees and the cost of litigation, arising from or relating to the breach by Lessee or anyone claiming by, through or under Lessee of the provisions of this clause (m), and shall immediately discharge or cause to be discharged any lien imposed upon the Building or the Land in connection with any such claim. The provisions of this clause (m) shall survive the expiration or termination of this Lease;
Appears in 1 contract
Samples: Lease (Transcend Therapeutics Inc)
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with Lessor that during the Term, warrants Lessee shall fully comply with and represents that it perform the following obligations.
(a) Lessee shall commit no waste punctually pay to Lessor when due all the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; monies specified 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 calculated in accordance with the applicable provision terms of this LeaseAgreement and at the time and in the manner herein specified and shall punctually and duly observe and perform Lessee’s obligations under this Agreement.
(b) Lessee shall maintain (or shall cause to be maintained) insurance in respect of the Aircraft, its liabilities and properties in accordance with good airline practice and the terms and conditions of this Agreement. The Initials: ABX:__________ DHL:__________
(c) Lessee shall preserve its existence and maintain all rights, privileges, licenses and franchises necessary to its business or material to its performance of its obligations under this Agreement.
(d) Lessee shall provide Lessor with notice of any change in its chief executive office prior to such change, provided that such notice shall not be required more than five (5) days prior to such change; and further provided that Lessor shall keep such information confidential until after the change occurs.
(e) To the extent that Lessee is a certified operator, Lessee shall keep in full force Lessee’s operator’s certificate(s) issued by the premises Aviation Authority and each other Governmental Entity, including all special conditions and obligations to be fulfilled by Lessee, and of all renewals, amendments and modifications thereto.
(f) Lessee shall promptly, upon becoming aware of the same, notify Lessor in writing of the occurrence of any Event of Default or of any event which with the giving of notice or passage of time could become an Event of Default.
(g) Lessee shall not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the rights of Lessor as owner and lessor of the Aircraft and as an additional insured or loss payee under the insurance required under this Agreement.
(h) Lessee shall not, on any occasion when the ownership of the Aircraft, any Engine or any Part is relevant, claim any interest in the Aircraft other than as Lessee under this Agreement.
(i) Lessee shall not at any time (1) represent or hold out Lessor as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee or (2) pledge the credit of Lessor.
(j) Lessee shall not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, the Aircraft Documents, any Engine or any Part, except as provided in Section 6 hereof.
(k) Lessee shall maintain (or cause to be maintained) in good condition, free standing a current certificate of debris, safely and adequately airworthiness for cargo operations for the uses and purposes hereby authorized. The Aircraft issued by the Aviation Authority.
(l) Lessee shall deliver maintain the premises up Aircraft (or cause the Aircraft to be maintained) in all respects so as to be in compliance with FAR Part 121.
(m) Lessee shall not discriminate against the Aircraft (as compared to other aircraft owned or operated by Lessee in its commercial cargo fleet) in contemplation of the expiration or termination of this Agreement, with respect to Lessee’s use, operation or Initials: ABX:__________ DHL:__________ maintenance of the Aircraft or the performance by Lessee of ADs or service bulletins (other than withdrawal of the Aircraft from use and operation as is necessary to prepare the Aircraft for return to Lessor upon the expiration such termination 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 Lessorexpiration).
Appears in 1 contract
Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)
LESSEE'S COVENANTS. The Lessee covenants and agrees, warrants :
(a) To pay the Lease Payments at the time and represents that it shall commit no waste to in 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 manner herein 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 Lessor's order at such place as may from time to time be reasonably designated by Lessor;
(b) To assume full responsibility for all maintenance, upkeep, repair, replacement and improvement of this Lease in reasonably good conditionany and all buildings, normal wear and tear exceptedimprovements, 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 fixturesmachinery, equipment, furnishingsfixtures and appurtenances of any type now or hereafter located upon said property, supplies and for the care and maintenance of all exterior and unimproved portions thereof. and to hold Lessor harmless from any responsibility or inventory liability therefore of any type whatsoever;
(c) To make no additions, changes or alterations in and to any part of the premises, and improvements thereon, which are purchased will adversely affect the structural strength of any part of the same or obtainedwhich would change the character of said premises and improvements so that the premises would not constitute a "facility" as defined in Iowa law. All additions, during changes and alterations made by Lessee, upon said conditions, shall W be made in a workmanlike manner and in strict compliance with all laws and ordinances applicable thereto, (ii) when commenced, be prosecuted to completion with due diligence, and (iii) when completed, be deemed a part of the term premises; provided, however, that additions of machinery, equipment and fixtures to the premises by Lessee, the cost of which is financed totally by funds of Lessee independent of any non-financing therefore now or hereafter provided by Lessor, and not constituting repairs, renewals or replacements of items owned by Lessor at the time of execution 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.lease;
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with Lessor that during the Term, warrants Lessee shall fully comply with and represents that it perform the following obligations.
(a) Lessee shall commit no waste punctually pay to Lessor when due all the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; monies specified 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 calculated in accordance with the applicable provision terms of this Lease. The Agreement and at the time and in the manner herein specified and shall punctually and duly observe and perform Lessee’s obligations under this Agreement.
(b) Lessee shall maintain (or shall cause to be maintained) insurance in respect of the Aircraft, its liabilities and properties in accordance with good airline practice and the terms and conditions of this Agreement.
(c) Lessee shall preserve its existence and maintain all rights, privileges, licenses and franchises necessary to its business or material to its performance of its obligations under this Agreement.
(d) Lessee shall provide Lessor with notice of any change in its chief executive office prior to such change, provided that such notice shall not be required more than five (5) days prior to such change; and further provided that Lessor shall keep such information confidential until after the change occurs.
(e) To the extent that Lessee is a certified operator, Lessee shall keep in full force Lessee’s operator’s certificate(s) issued by the premises Aviation Authority and each other Governmental Entity, including all special conditions and obligations to be fulfilled by Lessee, and of all renewals, amendments and modifications thereto.
(f) Lessee shall promptly, upon becoming aware of the same, notify Lessor in writing of the occurrence of any Event of Default or of any event which with the giving of notice or passage of time could become an Event of Default. MSN Initials: ABX: DHL:
(g) Lessee shall not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the rights of Lessor as owner and lessor of the Aircraft and as an additional insured or loss payee under the insurance required under this Agreement.
(h) Lessee shall not, on any occasion when the ownership of the Aircraft, any Engine or any Part is relevant, claim any interest in the Aircraft other than as Lessee under this Agreement.
(i) Lessee shall not at any time (1) represent or hold out Lessor as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee or (2) pledge the credit of Lessor.
(j) Lessee shall not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, the Aircraft Documents, any Engine or any Part, except as provided in Section 6 hereof.
(k) Lessee shall maintain (or cause to be maintained) in good condition, free standing a current certificate of debris, safely and adequately airworthiness for cargo operations for the uses and purposes hereby authorized. The Aircraft issued by the Aviation Authority.
(l) Lessee shall deliver maintain the premises up Aircraft (or cause the Aircraft to be maintained) in all respects so as to be in compliance with FAR Part 121.
(m) Lessee shall not discriminate against the Aircraft (as compared to other aircraft owned or operated by Lessee in its commercial cargo fleet) in contemplation of the expiration or termination of this Agreement, with respect to Lessee’s use, operation or maintenance of the Aircraft or the performance by Lessee of ADs or service bulletins (other than withdrawal of the Aircraft from use and operation as is necessary to prepare the Aircraft for return to Lessor upon the expiration such termination or earlier termination of expiration).
(n) Lessee will take all steps reasonably requested by Lessor, required or necessary to cause: (i) this Lease in reasonably good condition, normal wear and tear exceptedAgreement, and the Lessee shall have no right nor obligation all supplements and all amendments thereto to remove any improvements be promptly filed and recorded, or filed for recording, 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 extent permitted by the CityAviation Authority or required under any other applicable Law; and (ii) as required by Lessor’s Lender or applicable Law, shall become the property of Lessor upon international interests with respect to this Agreement to be registered with the expiration or sooner termination of this Lease in good condition, normal wear and tear excepted, at the option of LessorInternational Registry.
Appears in 1 contract
Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)
LESSEE'S COVENANTS. The Lessee agreeshereby covenants with Lessor that during the Term, warrants Lessee shall fully comply with and represents that it perform the following obligations.
(a) Lessee shall commit no waste punctually pay to Lessor when due all the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; monies specified 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 calculated in accordance with the applicable provision terms of this Lease. The Agreement and at the time and in the manner herein specified and shall punctually and duly observe and perform Lessee’s obligations under this Agreement.
(b) Lessee shall maintain (or shall cause to be maintained) insurance in respect of the Aircraft, its liabilities and properties in accordance with good airline practice and the terms and conditions of this Agreement.
(c) Lessee shall preserve its existence and maintain all rights, privileges, licenses and franchises necessary to its business or material to its performance of its obligations under this Agreement.
(d) Lessee shall provide Lessor with notice of any change in its chief executive office prior to such change, provided that such notice shall not be required more than five (5) days prior to such change; and further provided that Lessor shall keep such information confidential until after the change occurs.
(e) To the extent that Lessee is a certified operator, Lessee shall keep in full force Lessee’s operator’s certificate(s) issued by the premises in good conditionAviation Authority and each other AIRCRAFT LEASE AGREEMENT 35 MSN Governmental Entity, free including all special conditions and obligations to be fulfilled by Lessee, and of debrisall renewals, safely amendments and adequately for the uses and purposes hereby authorized. The modifications thereto.
(f) Lessee shall deliver promptly, upon becoming aware of the premises up to same, notify Lessor upon in writing of the expiration occurrence of any Event of Default or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, and any event which with the giving of notice or passage of time could become an Event of Default.
(g) Lessee shall have no right nor obligation not do or knowingly permit to remove be done or omit or knowingly permit to be omitted to be done any improvements act or thing which might reasonably be expected to jeopardize 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 rights of Lessor upon as owner and lessor of the expiration Aircraft and as an additional insured or sooner termination of loss payee under the insurance required under this Lease in good condition, normal wear and tear excepted, at the option of LessorAgreement.
Appears in 1 contract
Samples: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole cost and represents that it shall commit no waste to expense, during the Demised Premises, nor suffer the same to be committed thereon, nor injure nor misuse the same; Term and such further agrees, warrants and represents that the time as Lessee has neither the right nor the power to assign or hypothecate this Lease in occupies 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 part of the demised premises Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, if separately metered at any time during the Term, all charges 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 electricity and other utilities;
(b) damage by fire or in accordance with the applicable provision of this Lease. The Lessee shall keep the premises in good condition, free of debris, safely casualty 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 reasonable wear and tear only excepted, to keep the Premises (including window glass) in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer or commit any waste therein, nor to place a load upon any floor which exceeds the floor load which the floor was designed to carry, nor to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Uses, nor any use thereof which is contrary to any laws, ordinances, codes, rules and regulations, or the provisions of any license, permit or other governmental consent or approval required for or applicable now or at any time during the Term to the Land, the Building or the Premises or Lessee's use therefor (collectively, "Legal Requirements"), or which is liable to invalidate or increase the premiums for any insurance on the Building or its contents, or liable to render necessary any alterations or additions to the Building;
(d) not to obstruct in any manner any portion of the Building not hereby leased, or the sidewalks or approaches to the Building, or the On-Site Parking Area, or any hallways or Common Areas, and to conform to all reasonable rules now or hereafter made by Lessor for the care and use of the Building, its facilities and approaches;
(e) to comply with all Legal Requirements and all recommendations of Lessor's fire insurance rating organization now or hereafter in effect, to keep the Premises equipped with all safety appliances, and to procure (and maintain in full force and effect) all licenses, permits and other governmental consents and approvals required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee shall have no right nor obligation (without hereby intending to remove vary the provisions of Section 4.0 above), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises;
(f) not to make any alterations, renovations, improvements and/or additions to the Premises (collectively, "Alterations") without on each occasion obtaining the prior written consent of Lessor. Likewise, any fixtureswhich consent may be withheld by Lessor in its reasonable discretion taking into account the effect of such proposed Alterations on the structural integrity of the Building, equipmentwhether such proposed Alterations would be detrimental to or incompatible with the Building systems, furnishingsand the effect of such proposed Alterations on the external appearance of the Building (except that no such prior written consent of Lessor shall be required for Alterations which (i) shall not exceed $50,000 in each instance, supplies and (ii) do not affect the structural integrity of the Building, and (iii) are not detrimental to or inventory which are purchased or obtainedincompatible with the Building systems, during and (iv) do not affect the term exterior appearance of the Building, PROVIDED that in each such case (x) Lessee shall still provide advance notice to Lessor of the intended Alterations, and (y) such Alterations shall be subject to all of the provisions of this Leaseparagraph (f) other than the requirement of Lessor's prior consent), by or for to make any holes in any part of the Building or paint or place any signs, awnings, or the like, visible from outside of the Premises. Prior to commencing any Alterations, Lessee utilizing any City operating or shall: secure all necessary licenses, permits and other revenue funds, including but not limited to state governmental consents and federal funds administered by approvals; obtain the City, shall become the property written approval of Lessor upon as to the expiration plans and specifications for such work (where such approval is required under this paragraph (f)); obtain the written approval of Lessor as to the general contractor (or sooner termination of this Lease in good condition, normal wear as to each trade contractor if there is no general contractor); cause each contractor and tear excepted, at the option of Lessor.subcontractor to carry
Appears in 1 contract
Samples: Lease Extension Agreement (Millennium Pharmaceuticals Inc)
LESSEE'S COVENANTS. The Lessee agreescovenants and agrees in each case, warrants whether or not compliance therewith or conformity thereto shall require structural changes in any building or other improvement included in the Leased Premises, or in any sidewalk, curb, fence or vault, if any, adjoining the Leased Premises, or shall interfere with the use and represents that enjoyment of the Leased Premises, or any part thereof, (i) to pay, at the times and in the manner herein provided, all taxes, assessments, rents, excises levies, fees and other governmental charges and utility charge and insurance premiums, payable by it shall commit no waste hereunder; (ii) to comply with all laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, regulations, rules, permits, licenses, authorizations, directions and requirements of all governments, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary; (iii) to comply with all instruments of record which now or at any time hereafter may be applicable to the Demised PremisesLeased premises or any part thereof, nor suffer or any of the same adjoining sidewalks, curbs, fences and vaults, if any, or the ownership or use of any thereof; and (iv) to conform to all requirements of all policies of insurance covering the Leased Premises or insuring the Lessor or the Lessee in connection therewith; and (v) not to do or permit 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 done on 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 Leased premises any act or thing which might impose any liability or responsibility upon the Lessor or subject the Leased Premises to any mortgage, lien, encumbrance or charge, other than the exceptions referred to in Schedule A hereto and any mortgage or deed of trust created by the Lessor to secure indebtedness incurred in connection with its acquisition of the demised premises for the permitted uses subject Leased Premises, and to discharge, any such mortgage, lien, encumbrance or charge which may arise. Notwithstanding anything to the contrary contained in the previous sentence, the Lessee in good faith, at its own expense and in a lawful and diligent manner, may contest (in the case of any item of importance, after prior written approval notice to the Lessor) the propriety of any such tax, assessment, rent, excise, levy, fee or charge or the validity, effect, operation or application of any such law, statute, code, ordinance, order, judgment, decree, injunction, regulation, rule, permit, license, authorization, direction, requirement or instrument. The Lessee agrees that every such contest shall be by appropriate proceedings which shall operate during the pendency thereof to prevent (i) except as set forth hereafter the collection of, or other realization upon, such tax, assessment, rent, levy, fee, rent or charge or lien encumbrance; (ii) the sale, forfeiture or loss of the Director Leased Premises, or any part thereof, or the Basic Rent or any additional rent, or any portion thereof, (iii) any interference with the use and occupancy of Operations the Leased Premises or any part thereof; and (iv) any interference with payment of the Basic Rent or any additional rent, nor use or any portion thereof. The failure to comply with the provisions of the first sentence of this Section 8 during the period of such contest shall not constitute a default hereunder. If, upon termination of any such contest, payment of or compliance with the contested item is required, the Lessee shall pay or comply with the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseforthwith. The Lessee shall keep indemnify and save harmless the premises in good conditionLessor from all liability for fines, free penalties, forfeitures and like charges imposed upon it by reason of debrisany such contest or of the Lessee's noncompliance during the period thereof. In case of a tax contest, 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 first pay said tax under protest and in case of contest of any improvements other item, shall furnish to the Premises without Lessor, if requested, an indemnity bond in an amount reasonably satisfactory to 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, Lessor executed by or for the Lessee utilizing any City operating or other revenue funds, including but not limited and a surety company reasonably satisfactory 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 exceptedor, at Lessee's option, deposit moneys with the option of LessorLessor in such an amount as shall be reasonably necessary to indemnify the Lessor as aforesaid.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agreescovenants and agrees with Lessor as follows:
(a) That it will, warrants at its sole cost and represents that expense, keep and maintain the said leased Premises in a clean and sanitary condition.
(b) That it shall commit no waste will keep the Premises free and clear of all liens and encumbrances of every kind and nature.
(c) That it will conform to all applicable laws and regulations of any public authority affecting the Demised PremisesPremises and the use, nor suffer the same to be committed thereon, nor injure nor misuse the same; and further agrees, warrants correct at Lessee's own expense any failure of compliance created through Lessee's fault or by reason of Lessee's use and represents that the Lessee has neither the right nor the power to assign occupancy.
(d) That it will indemnify and save Lessor harmless of all liability of every kind and nature occasioned by any act or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Leaseomission on its part, or to make alterations or improvements to on the demised premisespart of its agents, except non structural alterations servants, customers, subtenants and licensees in connection with the renovation use and occupancy of the demised leased Premises.
(e) That it will accept the Premises in its "as is" condition upon occupancy.
(f) That it will refrain from any activity that would make it impossible to insure the Premises against casualty.
(g) That it will refrain from any use that would be reasonably offensive to owners or users of neighboring premises for or that would tend to create a nuisance or damage the permitted uses subject reputation of the premises.
(h) That it will refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Lessor.
(i) That it will refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the prior written approval exterior or interior walls, windows, or roof 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 fixtureswhich consent will not be unreasonably withheld, equipment, furnishings, supplies or inventory which are purchased or obtained, during the term except such signage as is allowed in Section 5(b) of this LeaseAgreement.
(j) That it will not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the Premises. Lessee may store such Hazardous Substances on the Premises only in quantities necessary to satisfy Lessee's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and orders of any governmental authorities having jurisdiction under any environmental law and shall obtain, keep in effect and comply with all governmental permits and authorizations required by environmental laws with respect to such Premises 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 Lessee's operations. Upon the expiration or sooner termination of this Lease in good conditionlease, normal wear Lessee shall remove all Hazardous Substances from the Premises. The term "Environmental Law" shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term "Hazardous Substance" shall mean any hazardous, toxic, infectious or radioactive substance, waste, and tear exceptedmaterial as defined or listed by any Environmental Law and shall include, at the option of Lessorwithout limitation, petroleum oil and its fractions.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee Xxxxxx 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; same and further agrees, warrants and represents that the Lessee Xxxxxx has neither the right nor the power to assign or hypothecate this Lease in any way whatsoever, except as otherwise provided in this Lease, Lease or to make any 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 Demised Premises, nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseherein. The Lessee shall keep the premises Demised Premises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises Demised Premises up to Lessor upon the expiration or earlier termination of this Lease in reasonably good condition, normal wear and tear excepted, excepted and the Lessee shall have no right nor or obligation to remove any improvements to the Demised Premises without the prior written consent of Lessor. Likewise, any fixtures, equipment, furnishings, supplies or inventory which are purchased or obtained, obtained during the term of this Lease, by or for the Lessee utilizing any City Lessor operating or other revenue funds, including but not limited to state and federal funds administered by the CityLessor, 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.
Appears in 1 contract
Samples: Lease Agreement
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, 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 Ddemised Ppremises, nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseherein. The Lessee shall keep the premises Demised Ppremises in good condition, free of debris, safely and adequately for the uses and purposes hereby authorized. The Lessee shall deliver the premises Demised Ppremises 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 Demised 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.
Appears in 1 contract
Samples: Lease Agreement
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole cost and represents that it shall expense, during the Term and such further time as Lessee occupies any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, if separately metered at any time during the Term, all charges for electricity and other utilities;
(b) damage by fire or casualty and reasonable wear and tear only excepted, to keep the Premises (including window glass) in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer or commit no any waste therein, nor to place a load upon any floor which exceeds the floor load which the floor was designed to carry, nor to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Uses, nor any use thereof which is improper, offensive, or contrary to any laws, ordinances, codes, rules and regulations, or the provisions of any license, permit or other governmental consent or approval required for or applicable now or at any time during the Term to the Demised PremisesLand, nor suffer the same Building or the Premises or Lessee's use thereof (collectively, "Legal Requirements"), or which is liable to be committed thereoninvalidate or increase the premiums for any insurance on the Building or its contents, nor injure nor misuse or liable to render necessary any alterations or additions to the same; and further agrees, warrants and represents that the Lessee has neither the right nor the power Building;
(d) not to assign or hypothecate this Lease obstruct in any way whatsoevermanner any portion of the Building not hereby leased, or the sidewalks or approaches to the Building, or the Parking Area, or any hallways or Common Areas, and to conform to all reasonable rules now or hereafter made by Lessor for the care and use of the Building, its facilities and approaches;
(e) to comply with all Legal Requirements and all recommendations of Lessor's fire insurance rating organization now or hereafter in effect, to keep the Premises equipped with all safety appliances, and to procure (and maintain in full force and effect) all licenses, permits and other governmental consents and approvals required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee (without hereby intending to vary the provisions of Section 4.0 above), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises;
(f) except as otherwise provided set forth in Section 1.5, Section 14 or this LeaseSection 11.0(f), not, without on each occasion obtaining the prior written consent of Lessor which will not be unreasonably withheld or delayed, to make any alterations, renovations, improvements and/or additions to the Premises (collectively, "Alterations"), or to make alterations or improvements to permit the demised premises, except non structural alterations making of any holes in connection with the renovation any part of the demised premises Building or the painting or placing of any signs, awnings, or the like, visible from outside of the Premises; PROVIDED THAT Lessee may, without such approval, make Alterations which will neither (i) materially affect the structure of the Premises or its building service systems or (ii) cost more than $25,000 to construct ("Minor Alterations"). Prior to commencing any Alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents and approvals; except for Minor Alterations, obtain the permitted uses subject to the prior written approval of Lessor as to the Director plans and specifications for such work; except for Minor Alterations, obtain the written approval of Operations , nor use Lessor as to the same for any purposes except general contractor (or as those expressly authorized herein to each trade contractor if there is no general contractor); cause each contractor and subcontractor to carry workmen's compensation insurance in statutory amounts covering all of the contractor's and subcontractor's employees; and cause each general contractor (or each trade contractor if there is no general contractor) and subcontractor to carry comprehensive public liability insurance 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 amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractors and subcontractors). All Alterations shall be performed in a good and workmanlike manner consistent with existing conditions within the Building and shall be of a quality equal to or better than existing conditions. Lessor and Lessee hereby agree that Lessee's Work as described in Exhibit B shall remain part of the Premises upon the expiration or earlier termination of the Term. All other Alterations (other than Lessee's removable personal property and trade fixtures) shall remain part of the Premises and shall not be removed upon the expiration or earlier termination of the Term EXCEPT for those items which Lessor designates for removal in a notice given to Lessee at the time that Lessee requests Lessor's approval of such Alteration. Lessee shall pay promptly when due the entire cost of all work. Lessee shall not cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Land or the Building, and shall discharge or bond any such liens which may be filed or recorded against the Premises within fifteen (15) days after the filing or recording thereof. All such work shall be performed in compliance with all Legal Requirements and the provisions of all applicable insurance policies. Promptly after the completion of any Alterations, Lessee shall provide a complete set of as-built plans thereof to Lessor showing all work performed, including, without limitation, plans for all partitions, plumbing, electric service equipment and wiring, HVAC equipment and piping, sprinkler systems and other services installed or modified. Lessee shall indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys' fees, arising from injury to any person or property occasioned by or growing out of such work, which indemnity shall survive the expiration or termination of this Lease;
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to (i) a claim of injury to any person or damage to any property while on the Premises, if not due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor's obligations under this Lease; or to (ii) a claim of injury to any person or damage to any property anywhere alleged to be occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor or invitee of any of the foregoing. Lessor agrees to indemnify and hold harmless Lessee from and against all loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising out of or relating to a claim for personal injury or property damage resulting from the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, including claims of injury to any person or damage to any property while on the common areas on the property, if due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or from the breach of Lessor's obligations or representations under this Lease. The provisions of this clause (g) shall survive the expiration or termination of this Lease;
(h) that all furniture, furnishings, fixtures and property of every kind of Lessee and of all persons claiming by, through or under Lessee which may be on the Premises from time to time (collectively, "Lessee's Property") shall be at the sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause unless caused by the negligence or willful misconduct of Lessor, or its officers, agents, employees, servants or contractors;
(i) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee's Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property;
(j) by the end of business on the last day of the Term (or the effective date of any earlier termination of this Lease in reasonably good conditionas herein provided), normal wear and tear excepted, and the Lessee shall have no right nor obligation to remove any improvements (1) all of Lessee's Property and (2) the items or components of Alterations designated for removal as provided in paragraph (f) above, in each case whether the same be permanently affixed to the Premises without or not, and to repair any damage caused by any such removal to Lessor's reasonable satisfaction; and peaceably to yield up the prior written consent Premises clean and in good order, repair and condition (reasonable wear and tear, and damage by fire or other casualty or taking which Lessee is not otherwise required by the terms of this Lease to repair or replace only excepted); and to deliver the keys to the Premises to Lessor. Likewise, any fixtures, equipment, furnishings, supplies Any of Lessee's Property or inventory those Alterations designated for removal as provided in paragraph (f) above which are purchased not removed by such date shall be deemed abandoned and may be removed and disposed of by Lessor in such manner as Lessor may determine, and Lessee shall pay to Lessor on demand, as Additional Rent, the entire cost of such removal and disposition, together with the costs and expenses incurred by Lessor in making any incidental repairs and replacements to the Premises necessitated by Lessee's failure to remove Lessee's Property or obtainedthose Alterations designated for removal as provided in paragraph (f) above, during as required herein or by any other failure of Lessee to comply with the term terms of this Lease, by and for use and occupancy during the period after the expiration of the Term and prior to Lessee's performance of its obligations under this paragraph (k). Lessee shall further indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or for judgments, including, without limitation, reasonable attorneys' fees, resulting from Lessee's failure or delay in surrendering the Lessee utilizing any City operating or other revenue funds, including but not limited Premises as above provided (such indemnity to state and federal funds administered by the City, shall become the property of Lessor upon survive the expiration or sooner termination of this Lease Lease);
(k) to pay Lessor's reasonable expenses, including reasonable attorneys' fees, incurred in good conditionenforcing any obligations of Lessee under this Lease;
(l) not to generate, normal wear store or use any "Hazardous Materials" (as hereinafter defined) in or on the Premises or elsewhere in the Building or on the Land except those identified in writing to Lessor from time to time, and tear exceptedthen only in compliance with any and all applicable Legal Requirements, or dispose of Hazardous Materials from the Premises to any other location except a properly approved disposal facility and then only in compliance with any and all Legal Requirements regulating such activity, nor permit any occupant of the Premises to do so. As used in this Lease, "Hazardous Materials" means and includes any chemical, substance, waste, material, gas or emission which is radioactive or deemed hazardous, toxic, a pollutant, or a contaminant under any statute, ordinance, by-law, rule, regulation, executive order or other administrative order, judgment, decree, injunction or other judicial order of or by any governmental authority, now or hereafter in effect, relating to pollution or protection of human health or the environment. By way of illustration and not limitation, "Hazardous Materials" includes "oil", "hazardous materials", "hazardous waste", and "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 ET SEQ., as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6902 ET SEQ., as amended, and the Toxic Substances Control Act, 15 U.S.C. 8601 ET SEQ., as amended, the regulations promulgated thereunder, and Massachusetts General Laws, Chapter 21C and Chapter 21E and the regulations promulgated thereunder. If, at any time during the option Term, any governmental authority requires testing to determine whether there has been any release of Hazardous Materials by Lessee or anyone claiming by, through or under Lessee, then Lessee shall reimburse Lessor upon demand, as Additional Rent, for the reasonable costs thereof. Lessee shall execute affidavits, certifications and the like, as may be reasonably requested by Lessor from time to time concerning Lessee's best knowledge and belief concerning the presence of Hazardous Materials in or on the Premises, the Building or the Land. Lessor reserves the right to enter the Premises at reasonable times (provided twenty-four (24) hours' notice is given to Lessee, except in case of emergency) to inspect the same for Hazardous Materials. Lessee's obligations under this paragraph (l) shall include, if at any time during the Term Lessee or anyone claiming by, through or under Lessee uses or stores radioactive materials on the Premises, compliance with all so-called "close-out" procedures of the Nuclear Regulatory Commission or other federal, state or local governmental authorities having jurisdiction over radioactive materials, regardless of whether or not such procedures are completed prior to the expiration or earlier termination of the Term. Lessee shall indemnify, defend, and hold harmless Lessor., and the holder of any mortgage on the Building or the Land, from and against any claim, cost, expense, liability, obligation or damage, including, without limitation, attorneys' fees and the cost of litigation, arising from or relating to the breach by Lessee or anyone claiming by, through or under Lessee of the provisions of this paragraph (l), and shall immediately discharge or cause to be discharged any lien imposed upon the Building or the Land in connection with any such claim. The provisions of this paragraph (l) shall survive the expiration or termination of this Lease;
Appears in 1 contract
Samples: Lease (Analog Devices Inc)
LESSEE'S COVENANTS. The Lessee agrees, warrants and represents agrees 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------------------ lease, by the demised premises will not be overloaded, damaged or defaced, except 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 exceptedtear; Lessee will not, at without the option permission of Lessor., drill or make any holes in the stone, brick or cement work of such premises. Additionally, the Lessee shall not permit nuisance on or about the demised premises. Lessee will not permit the emission of any objectionable noise, vibration or odor from demised premises nor commit any other act that shall interfere with the reasonable use and enjoyment of any other portions of the building by the occupants thereof. Lessee will procure any and all licenses and permits which may be required for the use of the demised premises; nothing shall be done upon or about the demised premises which shall be contrary to any law, ordinance or regulation or requirement of any public authority having jurisdiction over the premises. Any and all wastes or refuse will be removed from the demised premises in accordance with rules and regulations which may be prescribed by the Lessor. Lessee shall keep the demised premises reasonably clean and shall not litter or place any obstruction on any portion of the sidewalks and areas adjacent to the demised premises. Lessee shall observe and comply with and cause its employees and agents to observe and comply with any and all reasonable rules for the operation of the building and all areas adjacent thereto, provided further that such rules and regulations shall not unreasonably interfere with tenancies to the demised premises. Any improvements, alterations (including any exterior sign installation) and repairs that Lessee intends to make shall first be approved in writing by Lessor. (See Exhibit D)
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agrees, warrants covenants with the Lessor and/or MEC as follows:-
7.1 To pay the Rent on the days and represents that it shall commit no waste to in 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 manner set out in this Lease, or to make alterations or improvements to the demised premises, except non structural alterations Agreement;
7.2 To pay all charges (if any) for removal of refuse in connection with the renovation occupation by the Lessee of the demised premises Demised Land;
7.3 To pay for all the permitted uses subject to water and electricity and other charges consumed by the prior written approval of Lessee on the Director of Operations , nor use the same for any purposes except Demised Land 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, from 1st July 1999 and the Lessee shall have no right nor obligation be entitled to all income in respect of the Demised Land from 1st July 1999;
7.4 To remove any improvements unauthorised additions made to the Premises without Demised Land at the prior expiration of the Contractual Term unless agreed upon not to by the Parties hereto and the Lessee shall make good any part or parts of the Demised Land which may be damaged by such removal;
7.5 To permit the Lessor or MEC and/or its authorised servants or agents at reasonable times to enter into and inspect and view the Demised Land and examine their conditions after a seven (7) days written consent notice is given to the Lessee Provided that the Lessor/MEC and/or its authorised servants or agents shall comply with all reasonable directions of the Lessee with respect to security procedures to be observed and protective gears and special clothings to be worn by the Lessor. Likewise, any fixtures, equipment, furnishings, supplies 's or inventory which are purchased or obtained, MEC's servants and agents during the term inspection;
7.6 To comply with the requirements of this Lease, any relevant authorities relating to anything done upon the Demised Land by or for the Lessee utilizing and to indemnify the Lessor against all actions, proceedings, claims or demands which may be brought or made by reason of default in compliance with them;
7.7 To indemnify the Lessor or MEC against any City operating claims proceedings or other revenue funds, including but not limited demands and costs and expenses so incurred which may be brought against the Lessor or MEC by any employee workman agent ox xxxxxor of the Lessee in respect of any accidental loss or damage whatsoever to state and federal funds administered by person or property on the City, shall become Demised Land due to the property negligence or wilful act 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;
Appears in 1 contract
Samples: Lease Agreement (McMS Inc)
LESSEE'S COVENANTS. The Lessee agreescovenants, warrants at its sole wst and represents that it shall commit no waste expense, during the Term and such further time as Lessee occupies any part of the Premises:
(a) to pay when due the Basic Rent and all Additional Rent, and, if separately metered at any time during the Term, all charges for electricity and other utilities;
(b) damage by fire or casualty and reasonable wear and tear only excepted, to keep the Premises (including window and entry glass) in as good order, repair and condition as the same are in at the commencement of the Term, or may be put in thereafter, Lessee acknowledging that, to the Demised Premisesbest of its knowledge, as of the date of this Lease the Premises are in good and satisfactory order, repair and condition;
(c) not to injure, overload or deface the Premises or the Building, nor to suffer the same to be committed thereonor commit any waste therein, nor injure to place a load upon any floor which exceeds the floor load which the floor was designed to carry; presently 150 pounds per square foot for the first floor and 50 pounds per square foot for the second floor (which may be subject to change from time to time), nor misuse to connect any equipment or apparatus to any Building system (e.g., electrical, plumbing, mechanical) which exceeds the same; capacity of such system, nor to permit on the Premises any auction sale or any nuisance or the emission therefrom of any objectionable vibration, noise, or odor, nor to permit the use of the Premises for any purpose other than the Permitted Use, nor any use thereof which is improper, offensive, or contrary to any laws, ordinances, codes, rules and further agreesregulations, warrants and represents that or the Lessee has neither provisions of any license, permit or other governmental consent required for or applicable now or at any time during the right nor Term to the power Land, the Building, the Premises or Lessee’s use thereof (collectively, “Legal Requirements”), or which is liable to assign invalidate or hypothecate this Lease increase the premiums for any insurance on the Building or its contents, or liable to render necessary any alterations or additions to the Building;
(d) not to obstruct in any way whatsoevermanner any portion of the Building not hereby leased, except as otherwise or the sidewalks or approaches to the Building, or any Common Areas, and to conform to all reasonable rules and regulations now or hereafter made by Lessor for the care and use of the Building, its facilities and approaches;
(e) to comply with all Legal Requirements and all recommendations of Lessor’s fire insurance rating organization now or hereafter in effect, to keep the Premises equipped with all safety appliances, and to procure (and maintain in full force and effect) all licenses and permits required by any Legal Requirement or by the provisions of any applicable insurance policy because of the use made of the Premises by Lessee without hereby intending to vary the Permitted Use), and, if requested by Lessor, to make all repairs, alterations, replacements or additions so required in and to the Premises;
(f) not, without on each occasion obtaining the prior written consent of Lessor, which consent shall not be unreasonably withheld (but which consent shall not be required for alterations costing less than $10,000 in each instance and which do not affect the exterior appearance of the Building or involve any structural alterations or connection to a Building system, provided in this Leasethat Lessee promptly notifies Lessor of such alterations), to make any alterations, renovations, improvements and/or additions to the Premises (collectively, “Alterations”), or to make alterations or improvements to permit the demised premises, except non structural alterations making of any holes in connection with the renovation any part of the demised premises for Building or the permitted uses subject painting or placing of any signs, antennae, awnings, or the like, visible from outside of the Premises. Prior to commencing any alterations, Lessee shall: secure all necessary licenses, permits and other governmental consents and approvals; obtain the prior written approval of Lessor as to the Director plans and specifications for such work; obtain the written approval of Operations Lessor as to the general contractor (or as to each trade contractor if there is no general contractor); cause each contractor and subcontractor to carry workmen’s compensation insurance in statutory amounts covering all of the contractor’s and subcontractor’s employees; and cause each general contractor (or each trade contractor if there is no general contractor) and subcontractor to carry comprehensive public liability insurance in amounts reasonably satisfactory to Lessor (such insurance to be written by companies reasonably satisfactory to Lessor and insuring Lessee and Lessor as well as the contractors and subcontractors). Lessee shall reimburse Lessor, nor use promptly upon demand therefor, for all out-of-pocket costs and expenses reasonably incurred by Lessor in reviewing any plans, drawings and specifications submitted by Lessee pursuant to this paragraph (f) for alterations (but not for Lessee’s Work as defined in the same Work Letter) which reimbursement shall not exceed $1,500 and shall be due and payable as Additional Rent. Lessor shall renew Lessee’s plans and specifications (including revisions) and notify Lessee of any required modifications within ten (10) days after receipt thereof. All Alterations (other than Lessee’s removable personal property and trade fixtures) shall remain part of the Premises and shall not be removed upon the expiration or earlier termination of the Term except for those items which Lessor designates for removal in a notice given to Lessee at the time that Lessee requests Lessor’s approval of such Alteration. Lessee shall not cause or permit any purposes except as those expressly authorized herein liens for labor or materials performed or furnished in accordance connection therewith to attach to the Land, the Building or Premises, and shall discharge or bond any such liens which may be so filed or recorded within fifteen (15) days after the filing or recording thereof. All such work shall be performed in a good and xxxxxxx like manner and in compliance with all Legal Requirements and the provisions of all applicable provision insurance policies. Lessee shall indemnify and hold Lessor harmless from and against any and all suits, demands, causes of action, claims, losses, debts, liabilities, damages, penalties or judgments, including, without limitation, reasonable attorneys’ fees, arising from injury to any person or property occasioned by or growing out of such work (such indemnity shall survive the expiration or termination of this Lease);
(g) to save Lessor harmless and indemnified from any loss, cost and expense (including, without limitation, reasonable attorneys’ fees) arising out of or relating to (i) a claim of injury to any person or damage to any property while on the Premises, if not due to the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or the breach of Lessor’s obligations under this Lease; or (ii) a claim of injury to any person or damage to any property anywhere alleged to be occasioned by any omission, neglect or default of Lessee or of anyone claiming by, through, or under Lessee, or any officer, agent, employee, servant, contractor, or invitee of any of the foregoing. Lessor agrees to indemnify and hold harmless Lessee from and against all loss, cost and expense (including, without limitation, reasonable attorneys’ fees) arising out of or relating to a claim for personal injury or property damage resulting from the negligence or willful misconduct of Lessor or its officers, agents, employees, servants or contractors, or from the breach of Lessors obligations under this Lease. The Lessee provisions of this clause (g) shall survive the expiration or termination of this Lease;
(h) to permit Lessor and Lessor’s agents to examine the Premises at reasonable times (provided 24 hours’ notice is given to Lessee, except in case of emergency), and if Lessor shall so elect (without hereby imposing any obligation on Lessor to do so), to permit Lessor to make any repairs or additions Lessor may deem necessary; to permit Lessor at Lessee’s expense to remove any Alterations, signs, antennae, awnings, flagpoles, or the like not consented to in writing upon twenty (20) days prior written notice to Lessee; to permit Lessor to show the Premises to prospective purchasers, mortgagees and Lessees and, during the last nine (9) months of the Term, to keep affixed to any suitable part of the premises in good conditionPremises appropriate notices for letting or selling,
(i) that all equipment, free of debrisfurniture, safely furnishings and adequately for the uses trade fixtures (other than benches and purposes hereby authorized. The Lessee shall deliver the premises up fume hoods that are not to Lessor be removed upon the expiration or earlier termination of this Lease as identified in reasonably good conditionparagraph (k) below) and property of every kind of Lessee and of all persons claiming by, normal wear and tear excepted, and the through or under Lessee shall have no right nor obligation to remove any improvements to which may be on the Premises without the prior written consent of Lessor. Likewisefrom time to time (collectively, 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, “Lessee’s Property”) shall become remain the property of Lessor upon the expiration or sooner termination of this Lease in good condition, normal wear Lessee and tear excepted, shall be at the option sole risk of Lessee, and Lessor shall not be liable if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, or by theft or from any other cause unless caused by the negligence or willful misconduct of Lessor.,
(j) to pay promptly when due, all taxes of any kind levied, imposed or assessed on Lessee’s Property, which taxes shall be the sole obligation of Lessee, whether the same is assessed to Lessee or to any other person and whether the property on which such tax is levied, imposed or assessed shall be considered part of the Premises or personal property;
Appears in 1 contract
Samples: Lease (Elixir Pharmaceuticals, Inc.)
LESSEE'S COVENANTS. The Lessee agrees, warrants Xxxxxx further covenants and represents that agrees as follows:
a. To pay the rent and every installment of it shall commit no waste when it comes due; 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 a careful and adequately proper manner for the uses and purposes hereby authorized. The Lessee shall deliver express purpose of operating a Webb County business; to commit or permit no waste or damages to the premises; to conduct or permit no business or act that is a nuisance or may be in violation of any federal, state or local or ordinance; to surrender the premises up to Lessor upon the on expiration or earlier termination of this Lease lease in reasonably clean condition and good conditionrepair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee, its successors, subleases, and assigns (excepting movable furniture, equipment, supplies, inventory, and special air conditioning equipment installed by Lessee) shall become and remain the property of Lessor on the termination of Xxxxxx's occupancy of the premises.
b. To maintain at all times during the lease term, at Xxxxxx's cost, a comprehensive public liability insurance policy protecting Lessor against all claims or demands that may arise or be claimed on account of Xxxxxx's use of the premises. The insurance shall be written by a company or companies acceptable to Lessor, authorized to engage in the business of general liability insurance in the State of Texas. Lessee shall deliver to Lessor annual certificates demonstrating that insurance is paid up and copies of the insurance policies issued by the insurance companies. Xxxxxx further agrees to maintain at all times during the lease term, at Xxxxxx's cost, broad coverage fire and casualty insurance on its property (including inventory) and to provide Lessor with a copy of the policy and a certificate issue by the insurance company demonstrating that insurance is paid up. At its option, Lessor may request Lessee to obtain a certified statement by each insurance carrier containing a clause providing that the insurance carrier will give Lessor 30 days' written notice before any cancellation shall be effective. The insurance policies shall be provided by Lessee and shall be for period of at least one year. If Lessee fails to furnish policies or certificates showing policies to be paid in full as provided in this lease, Lessor may obtain the insurance, and the premiums on that insurance will be deemed additional rental to be paid by Lessee shall have to Lessor on demand.
c. To prohibit and refrain from engaging or in allowing any use of the leased premises that will increase Lessor's premiums for the insurance on the building without the express written consent of Lessor.
d. In case of damage to glass caused by the Lessee in the leased premises, to replace it with glass of the same kind, size, and quality as quickly as possible at Xxxxxx's expense.
e. To make no right nor obligation to remove any alterations in or additions or improvements to install any equipment in or maintain signs advertising its business on the Premises without premises without, in each case, obtaining the prior written consent of Lessor. LikewiseIf any alterations, additions, or improvements in or to the premises are made necessary by reason of the special use and occupancy of the premises by Xxxxxx, Xxxxxx agrees that it will make all such alterations, additions, and improvements in or to the premises at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. 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 fixturesrepairs, equipmentalterations, furnishingsadditions, supplies or inventory which improvements aremade.
f. To permit Lessor to enter, inspect, and make such repairs to the leased property as Lessor may reasonably desire, at all reasonable times, and to permit Lessor to put on the leased premises a notice that Lessee may not remove stating that the premises are purchased or obtained, during for rent one month preceding the term expiration of this Lease, by or for lease.
g. To pay all costs of telephone and internet utilities to be used on the Lessee utilizing any City operating or other revenue funds, including but not limited to state and federal funds administered premises 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 LessorLessee.
Appears in 1 contract
Samples: Business Lease
LESSEE'S COVENANTS. The Lessee agreescovenants and agrees that during the term of ------------------- this Lease and for such further time as Lessee, warrants or any person claiming under it, shall hold the premises or any part thereof:
(a.) To pay rent on the days and represents that it shall commit no waste in the manner aforesaid.
(b.) Not to the Demised Premises, nor suffer the same estate of Lessor in the premises at any time during the said term to be committed thereonbecome subject to any lien, 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 Leasecharge, or encumbrance whatsoever and to make alterations indemnify and keep indemnified Lessor against all such liens, charges and encumbrances; it being expressly agreed that Lessee shall have no authority, express or improvements implied, to create any lien, charge, or encumbrance upon the estate of Lessor in the demised premises, except non structural alterations in connection with .
(c.) To maintain the renovation exterior and interior of the demised premises for the permitted uses subject to the prior written approval of the Director of Operations premises, nor use the same for any purposes except as those expressly authorized herein or in accordance with the applicable provision of this Leaseincluding all HVAC systems. The Lessee shall keep the premises interior painted and decorated and in good a clean and sanitary condition, free complying in all respects with the applicable laws, ordinances and regulations of debris, safely and adequately for the uses and purposes hereby authorizedcompetent authorities. The Lessee shall deliver also maintain the exterior of the premises, including the roof, and be responsible for any repairs needed to the driveways and parking lots.
(d.) Not to make or suffer any use or occupancy of the premises up contrary to any law or ordinances now or hereafter in force.
(e.) To indemnify Lessor upon against all costs and expenses, including reasonable attorney's fees, lawfully and reasonably incurred in discharging the expiration premises from any charge, lien, or earlier encumbrance resulting from Lessee's action (other than charges, liens or encumbrances resulting from Lessor's actions), or in obtaining possession after default of Lessee or the termination of this Lease by reason of Lessee's default.
(f.) Upon the termination of this Lease, either by lapse of time or otherwise, to surrender, yield and deliver up the premises in reasonably good conditionsuch condition as it shall be in as of the effective date hereto.
(g.) To indemnify and hold Lessor harmless from and against any and all costs, normal wear and tear exceptedexpenses, and losses, claims, liabilities, damages, injuries or actions of any kind, including reasonable attorney's fees, (i) arising from Lessee's use or possession of 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 premises throughout the term of this Lease, or the negligence of Lessee or its agents, employees, licensees or invitees, at any time, or (ii) resulting from the presence on or under, or the escape, seepage, leaking, spillage, or discharge, emission or release from the premises of any hazardous or toxic waste, substance or material placed or located on the premises (including other portions of the real property on which the premises are located) by Lessee, its agents, employees, licensees or for invitees throughout the Lessee utilizing term hereof. Such indemnification shall include any City operating or other revenue fundsdamages, injuries, costs, including but not limited reasonable attorneys' fees, or claims asserted or arising under federal, state or local statute, ordinance or regulation imposing liability or standards of conduct concerning hazardous materials.
(h.) If Lessee receives any notice (i) of the use, spill, discharge or removal of any hazardous substance or material, or (ii) any complaint, order or notice regarding air emissions, water discharges or any other environmental, health, or safety matter affecting Lessor or the premises from any person or entity, including, without limitation, the United States Environmental Protection Agency, then Lessee will give written notice of such an occurrence to state Lessor within seven (7) days.
(i.) To save Lessor harmless from all loss, costs, damages and federal funds administered expenses of any kind, whatsoever, arising out of any accident, damage or injury, or any claim, suit or action for damages or injuries from any cause whatsoever, either to persons or property happening, occurring or resulting in or upon the premises or improvements thereon during the term herein demised, in connection with or growing out of the use, occupation and operation of the premises by Lessee, except for loss, costs, damages and expenses incurred as a result of the City, shall become the property negligence or acts of Lessor upon or its agents or employees. Lessee shall carry such insurance policies covering the expiration Lessor and Lessee and in such amounts and against such liability risk and casualty as are set out in paragraph 22 hereof.
(j.) To replace any plate glass windows or sooner termination any other broken glass during the term of this Lease in good conditionor any renewal thereof.
(k.) Not to obstruct or permit the obstruction of sidewalks and roadways adjacent to the premises, normal wear except while loading or unloading merchandise or other materials, and tear exceptedthen not to an unreasonable extent.
(l.) To promptly pay for all public utilities rendered or furnished to the premises during the term hereof or any renewal, including heat, water, gas electricity, sewer charges, and sewer taxes. Lessee shall provide for the prompt removal of garbage, rubbish, and litter from the demised premises and to provide adequate facilities for containing the same prior to such removal. Lessee shall keep the premises clean and keep all sidewalks adjacent to the premises clean and free from all rubbish, litter, debris, ice and snow. If Lessee fails to carry out the foregoing, Lessor, at the option of Lessorits option, may provide such facilities and service and charge same to Lessee as additional rent.
Appears in 1 contract
LESSEE'S COVENANTS. The Lessee agrees, warrants covenants and represents agrees that it shall commit no waste will:
(a) Indemnify and hold harmless to the Demised Premisesextent permitted by applicable law, nor suffer the same Issuer and its officers, directors, agents, servants and employees against any and all losses, claims, damages, expenses 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, the rules or regulations under said Acts, or any amendments of said Acts, insofar as such losses, claims, damages, expenses, liabilities or actions arise out of or are based upon the failure to register the Bonds under the Securities Act of 1933 or to qualify the Financing Agreement under the Trust Indenture Act of 1939. Promptly after receipt of notice of the commencement of any action in respect of which indemnity may be committed thereonsought against the Lessee under this Paragraph 6, nor injure nor misuse the same; indemnifiable party 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 or such indemnifiable person, as the case may be, and further agreesthe payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Lessee. The Issuer or such indemnifiable person shall have the right to employ separate counsel in any such action and to participate in the defense thereof, warrants but the fees and represents expenses of such counsel shall not be at the expense of the Lessee unless the employment of such counsel has been specifically authorized by the Lessee, or in the event that the Issuer is required to employ separate counsel as a result of the Issuer’s reasonable determination, expressed in writing to the Lessee, that a conflict of interest exists among the indemnified parties hereunder. Lessee has neither the right nor the power shall not be liable to assign indemnify any person for any settlement of any such action effected without its consent.
(b) Refrain from taking or hypothecate this Lease omitting to take any action which action or omission would in any way whatsoevercause the proceeds from the sale of the Bonds to be applied in a manner contrary to that provided for in the Lease or the Financing Agreement, except as otherwise provided in this effect from time to time.
(c) Pay or cause to be paid, all reasonable expenses and costs incident to the authorization, issuance, printing, sale and delivery, as the case may be, of the Bonds, the Lease, or to make alterations or improvements the Financing Agreement, the Security Deed, and this Bond Purchase Agreement, including without limitation (i) all filing, registration and recording fees and expenses; and (ii) reasonable fees and expenses of Bond Counsel and Counsel 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 LessorIssuer.
Appears in 1 contract
