LESSEE'S COVENANTS. Lessee shall not cause or, except as previously disclosed to the Lessor Parties in the Environmental Reports, permit Hazardous Materials to be used, generated, manufactured, stored, treated, disposed of, transported or present on or released or discharged from the Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee may use Hazardous Materials in connection with the operation of its business (or the business of permitted subtenants) so long as such use is consistent with the preceding sentence. Lessee shall immediately notify Lessor in writing of (i) the discovery of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (ii) any knowledge by Lessee that the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereon.
Appears in 1 contract
LESSEE'S COVENANTS. Lessees covenants are as follows, and any violation of these provisions shall give Lessor the right to forthwith terminate this Lease and seek any remedies Lessor may have as a result of Xxxxxx’s default:
a. Lessee shall conduct and handle the Property in a lawful and orderly manner and not commit, or permit or allow to be committed, on or in said Property, any nuisance;
b. Lessee shall not cause orassign, except as previously disclosed mortgage, give a security interest in, sublet, or encumber this Lease or the Property;
c. Lessee shall pay all charges for light, telephone service, fuel and heat, power, water, propane and all other services and utilities supplied to the Lessor Parties in the Environmental Reports, permit Hazardous Materials to be used, generated, manufactured, stored, treated, disposed of, transported or present on used upon or released or discharged from the Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee may use Hazardous Materials in connection with the operation of its business (or Property.
d. Lessee shall keep the business of permitted subtenants) so long as such use is consistent with Property in a neat and orderly condition and shall remove all garbage and refuse from the preceding sentenceProperty at least one time per calendar week. Lessee shall immediately notify Lessor in writing of (i) the discovery of any Hazardous Materials on, under or about keep the Property clear of rubbish, garbage, and flammable liquids and materials. Any items stored or kept on the Property shall be kept and stored in whatever fashion as is necessary to present a neat, safe and orderly appearance;
e. The Lessee shall not previously disclosed vacate or abandon the leased premises at any time during the term. Any such vacation or abandonment shall constitute a default hereunder and shall give Lessor the right to give notice of default pursuant to this Agreement by mailing notice of default to Lessee at the leased premises and upon termination of this Agreement the Lessor Parties may reenter said leased premises, take possession thereof and remove Lessees and all other occupants therefrom, all without prejudicing Xxxxxx's right to recover and collect any monies already or then becoming due and payable pursuant to the Environmental Reports; (ii) any knowledge by terms of this Lease;
f. Lessee that shall keep the Property does free and clear of all liens and other encumbrances arising out of any work performed for, materials furnished to or obligations incurred by Xxxxxx;
g. Lessee shall not permit to be committed or commit any waste in or on the Property and shall maintain and care for said Property so as to keep the Property in the same condition as it is as of the date of execution of this Lease with reasonable wear and tear accepted, and shall be strictly responsible to repair or replace all broken or damaged glass, fixtures, appliances, furnishings and landscaping, if any, and shall maintain the same in good condition throughout the term of this Lease.
h. Lessee shall cause no alteration, addition, remodeling, change or improvement to the Property without the proper written consent of the Lessor. Any such work made by the Lessee after such consent shall have been given, and any fixtures installed as a part thereof, shall permanently attach to the Property. If any such work is done without Xxxxxx's prior written consent, the Lessor shall have the right, in addition to all other rights for default, to require the Lessee to remove such work at the Lessee cost upon termination of this Lease and restore the Property to the condition and order which it was in prior to the commencement of any work to which the Lessor has not consented. All work done on the Property shall be performed in a good, workmanlike manner and shall conform to and comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reportsall applicable codes, the discovery of any occurrence or condition on any real property adjoining or ordinances, laws, regulations, zoning, and planning in effect in the vicinity City and County of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions Elko, State of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereon.Nevada;
Appears in 1 contract
Samples: Lease Agreement
LESSEE'S COVENANTS. Xxxxxx further covenants and agrees as follows:
A. To pay the rent and provide the consideration for the Lease as it is set out herein; to use the Leased Premises in a careful and proper manner for the express purpose of operating a lawful commercial business office; to not use the Leased Premises for any form of retail or wholesale business purposes, to commit or permit no waste or damages to the Leased Premises; to conduct or permit no business or act that is a nuisance or may be in violation of any federal, state, or local law or ordinance; to surrender the Leased Premises on expiration or termination of this Lease in clean condition and good repair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee (excepting movable furniture, equipment, supplies, and inventory installed by Lessee) shall become and remain the property of Lessor on the termination of Lessee's occupancy of the Leased Premises.
B. To 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 Xxxxxx's expense.
E. To maintain the structure of the building, including but not limited to the roof, exterior walls, floors and foundation. At Lessee’s expense, Lessee shall not cause or, except as previously disclosed perform all minor repairs to the Leased Premises, as well as all major repairs to the heating and air-conditioning equipment/system and septic or sewer system.
F. To make no alterations in or additions or improvements to the Leased Premises, install any equipment in or on the Leased Premises or maintain signs advertising the Lessee on the Leased Premises without, in each case, obtaining the written consent of Lessor. If any alterations, additions, or improvements in or to the Leased Premises are made necessary by reason of the special use and occupancy of the Leased Premises by Lessee and, provided that Lessor Parties 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 Environmental ReportsLeased Premises at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. In accordance with indemnification provision above, Xxxxxx agrees that it will hold Lessor harmless against all expenses, liens, claims, and damages to either property or person that may or might arise
G. To permit Hazardous Materials Lessor to enter and inspect 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.
H. Xxxxxx agrees that any and all minor adults and/or children of guests or invitees of Xxxxxx, who may be used, generated, manufactured, stored, treated, disposed of, transported or 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 released legal guardian. Whether supervised or discharged from the Property in any manner that is reasonably likely unsupervised by a parent or legal guardian, at no time shall such minor adults and/or children be allowed to have a Material Adverse Effect. Lessee may use Hazardous Materials in connection with the operation of its business (or the business of permitted subtenants) so long as such use is consistent with the preceding sentence. Lessee shall immediately notify Lessor in writing of (i) the discovery of any Hazardous Materials play on, under near or about the Property not previously disclosed to Lessor Parties pursuant Leased Premises, injure any person who may be present on the Leased Premises or otherwise damage the Leased Premises, any personal property situated on the Leased Premises, or any improvements situated thereon. In the event that such minor adults and/or children damage or destroy the Leased Premises or any improvements situated thereon or otherwise injure such persons who may be present on the Leased Premises, Lessee hereby agrees that Lessee, in accordance with the indemnification provision above, shall be solely liable for any and all damages and/or injuries caused by such minor adults and/or children. Immediately upon demand by Lessor, Lessee shall repair, at Lessee’s sole cost, any and all damages caused to the Environmental Reports; (ii) Leased Premises and/or any knowledge by improvements situated thereon. In the event such minor adults and/or children cause injury to persons who are present on the Leased Premises, Xxxxxx hereby agrees, in accordance with terms hereof, to be solely liable to such persons who are injured.
I. Xxxxxx 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, if applicable. Furthermore, Lessee agrees that it is solely responsible, at its sole cost, for making all alterations, additions, or improvements necessary to the Property does not comply Leased Premises to cause the Leased Premises and its intended use to be in compliance with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee laws, rules, ordinances, development codes or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery regulations of any occurrence applicable governmental authority, entity, or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lesseebody, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes state, federal and local accessibility legal requirements, the American’s with insurers Disabilities Act, the Federal Government, the local municipality, the County of Williamson, and the State of Texas. The allocation of responsibility to Lessee for compliance with such legal requirements with respect to the insurance coverage Leased Premises is a material inducement for the parties to enter this Lease. The cost incurred for any required alterations shall be maintained borne solely by Remediator pursuant to Xxxxxx and all alterations shall comply with the Fixed Price Remediation Agreement). In response to the presence terms of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereonthis Lease.
Appears in 1 contract
Samples: Commercial Lease Agreement
LESSEE'S COVENANTS. Lessee further covenants and agrees as follows:
a. To pay the rent and every installment of it when it comes due; to use the premises in a careful and proper manner; to commit or permit no waster 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, local law or ordinance; to surrender the premises on expiration or termination of this lease in clean condition and good repair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee, its successors, subleases, and assigns, movable furniture , equipment, supplies, inventory, and special air-conditioning equipment installed by Lessee) shall become and remain property of Lessor on the termination of Lessee's occupancy of the premises. Lessee shall not make any use of the premises which would make void or voidable any policy of fire or extended coverage insurance, or cause or, except as previously disclosed to the Lessor Parties an increase in the Environmental Reportscost thereof, permit Hazardous Materials to be usedcovering the premises.
b. To repair, generatedservice, manufacturedkeep and maintain the interior of the premises, storedincluding all wiring, treatedpiping, disposed offixtures, transported or present on or released or discharged from doors, equipment and appurtenances in good and substantial repair excepting ordinary wear and tear during the Property in any manner that is reasonably likely to have a Material Adverse Effectentire term of this Lease. Lessee agree t make such repairs promptly as they may use Hazardous Materials in connection with the operation of its business (or the business of permitted subtenants) so long as such use is consistent with the preceding sentencebe needed at Lessee's expense. Lessee shall immediately notify Lessor in writing of (i) the discovery of be responsible for any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (ii) any knowledge by Lessee that the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or in the vicinity security monitoring of the Property that could cause Premises.
c. To pay all costs of fuel, electricity, garbage, telephone, and all other utilities used on the Property or any part thereof to premises. All those amounts shall be designated as "border zone property" under paid within ten days of becoming due.
d. To maintain at all times during the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately takelease term, at Lessee's sole expensecost, a comprehensive public liability insurance policy protecting Lessor against all remedial action required claims or demands that may arise or be claimed on account of Lessee's use of the premises, in an amount of at lest $1,000,000.00 for injuries to persons in one accident $1,000,000.00 for injuries to any one person, and $500,000.00 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. If Lessee fails to furnish policies or certificates showing policies to 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 Lessor on demand.
e. To prohibit and refrain from engaging or in or in allowing any use of leased premises that will increase Lessor's premiums for insurance on the building without the express written consent of Lessor.
f. 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 Environmental Laws 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, Lessee agrees that Lessee or any judgmentother 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.
g. To make no major alterations in or additions or improvements to; install any permanently affixed equipment in, or maintain signs advertising its business on the premises without, in each case, obtaining written consent decreeof Lessor, settlement which consent shall not be unreasonably withheld. If any alterations, additions, or compromise improvements in respect or to the premises are 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 to the premises at its own expense (or, if applicable, within the Lessor's approved renovation/build out budget) and in compliance with all building costs, ordinances, 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 leased property as Lessee may reasonable desire, at all reasonable times, and to permit Lessor to put on the leased premises a notice that Lessee may not remove stating that premises are for rent one month preceding the expiration of this lease.
i. To not assign the Lease nor any right hereunder, not let or sublet all or part of the premises, nor suffer or permit any person or corporation to use any part of the premises, nor suffer or permit any person or corporation to use any part of the premises, without first obtaining the express prior written consent of Lessor, which consent shall not be unreasonably withheld. Should Lessor consent to such assignment of this Lease, or to a sublease, Lessee shall guarantee payment of all rent herein reserved until the expiration of the term hereof and no failure of Lessor to promptly collect from any assignee or sublessee shall release or relieve Lessee from its guaranty or obligation of payment of such rents, provided that the Lessor shall have a duty to mitigate damages. The consent by Lessor to any claim based thereonassignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent attempted assignment or subletting. Each assignment or subletting to which there has been consent by Lessor shall be by instrument in writing, in form satisfactory to Lessor, and shall be executed by the Lessee and assignee or sublease, and the assignee or sublease shall agree in writing for the benefit of Lessor to assume, and be bound by, and perform the terms, covenants and conditions of this Lease. An executed copy of such written instrument shall be delivered to Lessor. Upon any assignment, the term "Lessee" as used in this Lease shall thereafter refer to both the assignor and the assignee.
Appears in 1 contract
Samples: Office Lease (Clements Golden Phoenix Enterprises Inc)
LESSEE'S COVENANTS. The Lessee hereby covenants with the Lessor as follows:
(a) To pay the Rent by equal monthly instalments of $5,500 due in advance on the first day of each month provided that at the Lessor's option payment may be made by way of deduction by the Lessor of such monthly sum from the Lessee's salary in which case the Rent shall not cause or, except as previously disclosed be deemed to be due on the date of such deduction.
(i) To arrange forthwith with the relevant suppliers for all accounts in respect of electricity and telephone and cable television at the Property to be put into the name of the Lessee and to be addressed to the Lessor Parties in the Environmental Reports, permit Hazardous Materials Lessee and to be used, generated, manufactured, stored, treated, disposed of, transported or present on or released or discharged from the Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee may use Hazardous Materials pay all standing charges in connection with the operation same and all charges for all gas fuel oil and electric light and power which shall be consumed or supplied on or to the Property during the Term and the amount of its business all charges made for the use of the telephone and not to allow any of the services to be disconnected altered or removed and shall ensure that the services are operating throughout the Term.
(ii) Without prejudice to the generality of the foregoing arrange to discharge accounts for all such services for the period down to the date of the expiration or sooner determination of the Term.
(c) To pay the Land Tax assessed upon the Property as and when the same shall become due and payable and so in proportion in respect of any assessment levied for any period commencing prior to but including any part of the Term.
(d) To use the Property in a good and tenant-like-manner.
(e) To keep the interior of the Property and all fixtures and fittings therein in the same good clean state and condition and repair as it was in at the date hereof (fair wear and tear and damage by accidental fire or other risk insured against by the Lessor or the business Superior Lessor only excepted unless the relevant policy of permitted subtenantsinsurance shall have been rendered void or voidable or payment of the whole or part of the insurance monies refused in consequence of some act or default on the part of or suffered by the Lessee) so long and to replace all broken glass immediately.
(f) To preserve the furniture equipment and effects from being destroyed or damaged and make good pay for repair or replace with articles of a similar kind and of equal value such of the furniture equipment and effects as shall be destroyed lost stolen broken or damaged (fair wear and tear and damage by accidental fire or other risk insured against by the Lessor or Superior Lessor only excepted unless the relevant policy of insurance shall have been rendered void or voidable or payment of the whole or part of the insurance monies refused in consequence of some default on the part of or suffered by the Lessee).
(g) To keep or procure to be kept the garden at the Property in good order the grass cut and the borders free from weeds and not lop cut down remove or otherwise injure any tree shrub or plant growing upon the Property or alter the general character of the garden and throughout the Term to cultivate the garden in a reasonable manner according to the season of the year
(h) To deliver up to the Lessor the Property and all new fixtures and additions thereto (except such use is consistent with as the preceding sentence. Lessee shall immediately notify be entitled by law to remove) and the furniture equipment and effects specified in the inventory attached hereto (the "Inventory") at the expiration or sooner determination of the Term in such good clean state and condition and repair as aforesaid.
(i) To keep cleansed and free from obstruction all gutters sewers drains sanitary apparatus water and waste pipes and ducts belonging to or forming part of the Property and replace all washers as and when necessary or required.
(j) To permit the Lessor or the Superior Lessor with or without workmen and others at all reasonable times during the Term upon reasonable notice (except in case of emergency) to enter the Property for the purpose of repairing and painting the outside thereof or of carrying out or completing any structural or other necessary or proper repairs to the Property or maintenance of any of the fittings and equipment.
(k) To permit the Lessor or the Superior Lessor or those with written authority from either of them during the last six weeks of the Term (howsoever determined) or at reasonable times during the Term in the event of either the Lessor or the Superior Lessor wishing to sell or otherwise deal with its reversion at reasonable times of the day to view the Property by prior appointment.
(l) To permit the Lessor or the Superior Lessor with or without workmen and others upon giving reasonable notice (except in case of emergency) to enter upon the Property at all reasonable times during the daytime for the purpose of examining the state and condition of the interior of the Property and of the furniture equipment and effects therein and thereupon to permit the Lessor to give to the Lessee notice in writing of (i) all dilapidations wants of repair cleansing painting amendment and restoration to the discovery Property then found and the responsibility of the Lessee hereunder and of all such destruction loss breakage or damage of or to the Property then found and the responsibility of the Lessee hereunder and of all such destruction loss breakage or damage of or to the furniture equipment and effects as the Lessee shall be bound to make good then found and by such notice to require the Lessee to repair cleanse paint amend and restore and make good the same respectively within one month from the service of such notice and if the Lessee fails to execute the aforementioned work within the said period of one month then to permit the Lessor to execute the aforementioned work the expenses of any Hazardous Materials on, under or about such work to be recoverable from the Property not previously disclosed Lessee upon demand on a full indemnity basis.
(m) Not to Lessor Parties pursuant to remove the Environmental Reports; (ii) any knowledge by Lessee that the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or furniture equipment and effects specified in the vicinity Inventory or any part thereof or any substituted furniture equipment and effects from the Property.
(n) Not to assign underlet charge or part with or share possession or occupation of the Property that could cause the Property or any part thereof thereof.
(o) Not to carry on or permit to be designated carried on from the Property any profession trade or business whatsoever or let apartments or receive paying guests on the Property but use the same as "border zone property" under a private residence only.
(p) Not to leave the provisions Property vacant or unoccupied for a period in excess of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with 23 consecutive days without first giving written notice to the remediation Lessor of the Property pursuant intention so to do and obtaining a written acknowledgement from the Fixed Price Remediation Agreement and the other Remediation Agreements Lessor of such notice.
(including, without limitation, disputes with insurers with respect i) Not to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of alter or change or install any Hazardous Materials on, under locks on any doors windows in or about the Property not previously disclosed to Lessor Parties pursuant or have any additional keys made for any locks without the prior written consent of the Lessor.
(ii) If any such additional keys are made deliver the same up to the Environmental Reports Lessor together with all original keys at the expiration or sooner determination of the Term and which are not being remediated pursuant in the event that any such keys have been lost pay to the Fixed Price Remediation Agreement Lessor on demand any costs incurred by the Lessor in replacing the locks to which the lost keys belong
(r) Not to do or suffer to be done any act or thing which may be a nuisance or annoyance to the Lessor or to the occupiers of any adjoining premises or which may vitiate any insurance of the Property or the contents thereof against fire or other risk or otherwise increase the ordinary premium thereon and in particular without prejudice to the generality of the foregoing not to use or play any electrical or musical instruments of any kind or practice any singing in the Property so as to cause annoyance to nearby residents or occupiers or at all so as to be audible outside the Property between the hours of 11 pm and 9am.
(s) Not to affix or exhibit or permit or suffer to be affixed or exhibited on or from the Property so as to be visible outside the same any flag placard sign or poster of any description and not to affix to the windows or the Property externally or internally any venetian or other blinds except of such colour and construction as shall be previously approved by the Superior Lessor and the Lessor and not to hang or expose in or upon any part of the Property so as to be visible from the outside any clothes washing of any description or any other Remediation Agreementsarticles except in an area of the garden (if any) specially set aside for this purpose.
(t) Not to permit any waste spoil or destruction to the Property.
(u) Not to keep any animals birds reptiles or rodents on the Property except a domestic animal or animals with prior written consent of the Superior Lessor and the Lessor.
(v) To ensure that whenever (and for however short a period) the Property is left vacant or unattended all the external doors and windows are properly secured by all locks and other means provided by the Lessor and the burglar alarm (if any) is activated
(i) Not to pull down alter add to or in any way interfere with the construction or arrangement of the Property, Lessee except as agreed in Clause 6 below.
(ii) Not to do or permit or suffer to be done anything upon the Property which shall immediately take, at Lesseecause damage to or deterioration of the internal or external surface thereof or the coverings or decoration of or to such surfaces and in particular without prejudice to the generality of the foregoing to repair and make good any damage caused to any wall or ceiling from the hanging of any picture or placard of any means
(x) To pay the Lessor's sole expense, all remedial action cost of and in connection with:-
(i) The preparation and completion of this Lease including any stamp duty payable thereon.
(ii) Any check required by the Lessee at the commencement of the Term of the said Inventory.
(iii) The checking of the Inventory at the termination of the Term (howsoever the same may be determined) and the preparation of any Environmental Laws Schedule of dilapidations whether during or at the end of the Term.
(iv) All applications by the Lessee for any judgment, consent decree, settlement or compromise approval of the Superior Lessor and the Lessor required by the terms hereof or (in respect to the case of approval or consent of the Superior Lessor) under the Superior Lease including those incurred in cases where consent or approval is refused or the application is withdrawn.
(v) Any breach by the Lessee of any claim based thereoncovenant contained in this Lease whether for the payment of Rent or otherwise whatsoever and in the case of legal costs on an Attorney and own client basis.
Appears in 1 contract
LESSEE'S COVENANTS. Lessee shall not cause or, except further covenants and agrees as previously disclosed follows:
a. To pay the rent and provide the consideration for the Lease as it is set out herein; of operating a lawful commercial business; to commit or permit no waste or damages to the Lessor Parties in the Environmental Reports, Leased Premises; to conduct or permit Hazardous Materials to be used, generated, manufactured, stored, treated, disposed of, transported no business or present on or released or discharged from the Property in any manner act that is a nuisance or may be in violation of any federal, state, or local law or ordinance; to surrender the Leased Premises on expiration or termination of this Lease in clean condition and good repair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee (excepting movable furniture, equipment, supplies, and inventory installed by Lessee) shall become and remain the property of Lessor on the termination of Lessee's occupancy of the Leased Premises.
b. To comply with the Rules and Regulations attached hereto and incorporated herein.
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 (if any is maintained) 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 install any equipment in or on the Leased Premises or maintain signs advertising the Lessee on the Leased Premises without, in each case, obtaining the written consent of Lessor. If any alterations, additions, or improvements in or to the Leased Premises are made necessary by reason of the special use and occupancy of the Leased Premises by Lessee and, provided that Lessor grants its prior written permission to Lessee as may be required hereunder regarding such alterations, additions or improvements, Lessee agrees that it will make all such alterations, additions, and improvements in or to the Leased Premises at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy. In accordance with indemnification provision above, 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 repairs, alterations, additions, or improvements are made. Upon request of Lessor, Lessee agrees to restore, at Lessee’s sole expense, the Leased Premises to its original condition upon the termination of this Lease.
f. To permit Lessor to enter and inspect the Leased Premises as Lessor may reasonably likely desire, at all reasonable times, and to have permit Lessor to put on the Leased Premises a Material Adverse Effectnotice, 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 may use Hazardous Materials in connection with must obtain the operation written consent of its business Lessor before making any type of accessibility alterations.
h. Lessee agrees to maintain, repair, and replace the following damage to the Leased Premises: septic system(s), damage to the exterior walls (or including exterior painting), roof and roof structures, gutters, downspouts, exterior utility lines servicing the business Leased Premises to the extent that they are not maintained by public utilities, and damage to structural portions of permitted subtenants) so long as such use is consistent with the preceding sentenceLeased Premises (including, by way of example but not limitation, the foundation and members supporting the roof, all interior partition walls and the interior side of building walls which enclose the Leased Premises, doors, moldings, trim, window frames, and doorframes). Lessee shall immediately notify Lessor also maintain, repair, replace and keep in writing good repair and working condition the non-structural portions and interior of the Leased Premises, (i) including, by way of example but not limitation, kitchen exhaust hoods (annual inspections and cleanings), auto-doors, water heaters, plate glass, floor coverings, mechanical equipment, HVAC systems, HVAC filters, electrical systems and fixtures, light fixtures, light bulbs, interior plumbing and conduits embedded in the discovery floor, and all other non-structural or interior aspects), ordinary wear and tear excepted. Lessee further agrees to maintain the lawns, roads, parking areas, sidewalks, entry passages, pedestrian passageways, driveways, entrances and exits to, in, on or around the Leased Premises in good repair and in safe usable condition for use by Lessee, its employees, officers and agents, and all patrons, guests and invitees of the Leased Premises, and provide all reasonable services therefor, including without limitation, safeguarding, cleaning and sweeping, snow and ice removal, lighting, landscaping, watering, repainting, and overall repair and maintenance. The maintenance and repair lists set out above are not inclusive, but rather, Lessee’s maintenance obligations shall extend to, and shall include all maintenance and all repair of the Leased Premises.
i. Lessee agrees that any Hazardous Materials 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, under near or about the Property not previously disclosed to Lessor Parties pursuant Leased Premises, injure any person who may be present on the Leased Premises or otherwise damage the Leased Premises, any personal property situated on the Leased Premises, or any improvements situated thereon. In the event that such minor adults and/or children damage or destroy the Leased Premises or any improvements situated thereon or otherwise injure such persons who may be present on the Leased Premises, Lessee hereby agrees that Lessee, in accordance with the indemnification provision above, shall be solely liable for any and all damages and/or injuries caused by such minor adults and/or children. Immediately upon demand by Lessor, Lessee shall repair, at Lessee’s sole cost, any and all damages caused to the Environmental Reports; (ii) Leased Premises and/or any knowledge by improvements situated thereon. In the event such minor adults and/or children cause injury to persons who are present on the Leased Premises, Lessee hereby agrees to be solely liable to such persons who are injured.
j. Lessee agrees that it is solely responsible for making, at its sole cost, any alterations, additions, or improvements to the Property does not comply Leased Premises which are mandated or otherwise may be required for the issuance of a certificate of occupancy from the local municipality. Furthermore, Lessee agrees that it is solely responsible, at its sole cost, for making all alterations, additions, or improvements necessary to the Leased Premises to cause the Leased Premises and its intended use to be in compliance with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee laws, rules, ordinances, development codes or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery regulations of any occurrence applicable governmental authority, entity, or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lesseebody, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes the American’s with insurers 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 respect said laws, rules, ordinances, development codes or regulations is a material inducement for the parties to enter into this Lease. The costs incurred in causing the insurance coverage Leased Premises and its intended use to be maintained in compliance with said laws, rules, ordinances, development codes or regulations shall be solely borne by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect to any claim based thereon.
Appears in 1 contract
Samples: Commercial Lease Agreement
LESSEE'S COVENANTS. Lessee further covenants and agrees as follows:
a. To pay the rent and every installment of it when it comes due; to use the premises in a careful and proper manner for the express purpose of operating assembly, manufacturingand distribution of health products and dietary supplements; 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 on expiration or termination of this lease in clean condition and good repair, normal wear and tear excepted, provided, however, that all alterations, additions, and improvements permanently attached and made by Lessee, its successors, sublessees, and assigns (excepting movable furniture, equipment, supplies, inventory, or 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 electricity, and all other utilities used on the building located at: 00000 XX 00xx Xxxx. Lessee shall be responsible for providing for and paying the cost of all janitorial services, trash services and proportionate share of lawn and landscape services for the premises. In addition, Lessee shall be responsible for and pay the cost of all repairs and maintenance of the building interior, including, but not cause orlimited to: the replacement of any broken glass in windows and doors, except as previously disclosed HVAC, electrical, mechanical, security and plumbing systems. Lessee shall pay the amounts due for all such services provided to it by third parties within ten (10) days of becoming due.
c. To maintain at all times during the lease term, at Lessee’s cost, a comprehensive public liability insurance policy protecting Lessor Parties 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 $1,000,000.00 for injuries to persons in one accident, $1,000,000.00 for injuries to any one person, and $1,000,000.00 for damages to property. The insurance shall be written by a company or companies acceptable to Lessor, authorized to engage in the Environmental Reportsbusiness 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, permit Hazardous Materials 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 usedpaid in full as provided in this lease, generatedLessor may obtain the insurance, manufacturedand the premiums on that insurance will be deemed additional rental to be paid by Lessee to Lessor on demand.
d. To prohibit and refrain from engaging or in allowing any use of leased premises that will increase Lessor’s premiums for insurance on the building without the express written consent of Lessor.
e. To indemnify and hold harmless Lessor and the leased premises from all costs, storedlosses, treateddamages, disposed ofliabilities, transported expenses, penalties, judgments, attorney’s fees and fines whatsoever that may arise from or present 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. If any lawsuit or proceeding shall be brought against Lessor or the leased premises on account of any alleged violations or released failure to comply and conform or discharged from on account of any damage, omission, neglect, or use of the Property in premises by Lessee, the agents and employees of the Lessee, or any manner other person on the premises, Lessee agrees that is reasonably likely to have a Material Adverse Effect. Lessee or any other person on the premises will defend it, and pay whatever judgments may use Hazardous Materials be recovered against Lessor or against the premises on account of it, and pay for all attorney’s fees in connection with it, including attorney’s fees on appeal.
f. In case of damage to glass in the operation leased premises, to replace it with glass of the same kind, size, and quality as quickly as possible at Lessee’s expense.
g. At Lessee’s expense, to perform all maintenance and repair required to keep the heating and air-conditioning equipment serving the leased premises in good operating condition during the term of this lease and any renewal term.
h. To make no alterations in or 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. If any alterations, additions, or improvements in or to the business premises are made necessary by reason of permitted subtenants) so long as the special use and occupancy of the premises by Lessee, Lessee agrees that it will make all such use is consistent alterations, additions, and improvements in or to the premises at its own expense and in compliance with the preceding sentenceall 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 repairs, alterations, additions, or improvements are made.
i. 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 for rent one month preceding the expiration of this lease.
j. Any repairs needed on the premises, interior or exterior, under $150.00 will be at Lessee’s expense.
k. Lessee shall immediately notify Lessor in writing of (i) incur the discovery expenses of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant initial modifications to the Environmental Reports; (ii) any knowledge by Lessee that the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant to the Environmental Reports; (iii) any claims against Lessee or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action premises required by any Environmental Laws or any judgment, consent decree, settlement or compromise in respect Lessee. A written notice must be submitted and approved by Lessor prior to any claim based thereoncommencement of work.
Appears in 1 contract
LESSEE'S COVENANTS. Lessee shall not cause orLESSEE hereby agrees and shall, except as previously disclosed during the term (or any extended term or renewal) of this LEASE do or perform the following:
1. Reimburse LESSOR for any and all repairs to the Lessor Parties in building resulting from damage caused by
2. Allow LESSOR or its agents, with or without workmen or others, at any reasonable time during the Environmental Reports, permit Hazardous Materials said term to be used, generated, manufactured, stored, treated, disposed of, transported or present enter upon the leased premises and view the state and condition thereof and shall serve on or released or discharged from the Property in any manner that is reasonably likely to have a Material Adverse Effect. Lessee may use Hazardous Materials in connection with LESSEE at the operation of its business (or the business of permitted subtenants) so long as such use is consistent with the preceding sentence. Lessee shall immediately notify Lessor leased premises notice in writing of (i) any defect requiring the discovery LESSEE, within a reasonable time, to repair the same in so far as the LESSEE is bound to do by the terms of this LEASE.
3. Repair any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant and all damage done to the Environmental Reports; (ii) any knowledge by Lessee that building of which the Property does not comply with any Environmental Laws not previously disclosed to Lessor Parties pursuant leased premises is a part, or to the Environmental Reports; leased premises, caused by the overloading of floors or by the taking in, or removal of LESSEE'S articles of personal property.
4. Indemnify and save harmless LESSOR from and against any and all matters, claims, damages, losses, costs and charges whatsoever occasioned to or suffered by or imposed upon LESSOR or its property (iii) any claims against Lessee either directly or the Property relating to Hazardous Materials or pursuant to Environmental Laws; (iv) to the extent not previously disclosed to Lessor Parties pursuant to the Environmental Reports, the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be designated as "border zone property" under the provisions of California Health and Safety Code Sections 25220 et seq. or any regulation adopted in accordance therewith; and (v) any material dispute or potential material dispute among any of Lessee, Seller, Remediator or any other Person in connection with the remediation of the Property pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements (including, without limitation, disputes with insurers with respect to the insurance coverage to be maintained by Remediator pursuant to the Fixed Price Remediation Agreement). In response to the presence of any Hazardous Materials on, under or about the Property not previously disclosed to Lessor Parties pursuant to the Environmental Reports and which are not being remediated pursuant to the Fixed Price Remediation Agreement and the other Remediation Agreements, Lessee shall immediately take, at Lessee's sole expense, all remedial action required by any Environmental Laws or any judgment, consent decree, settlement or compromise indirectly in respect to any claim based thereonmatter or thing in consequence of or in connection with or arising out of LESSEE'S occupancy and/or any use by others of the property).
5. Allow LESSOR to maintain or make changes, additions, or repairs to pipes, conduits, ducts or other installations in the leased premises where necessary to serve other premises in the building, but so as not to interfere materially with the use and enjoyment of the leased premises and making good any damage to the leased premises so caused.
6. Abide by such reasonable rules and regulations for utilization of the building as may from time to time be required by LESSOR, the observance of which by LESSEE is a condition precedent to the continued use of the leased premises.
7. Not to commit, or suffer to be committed, any waste on the leased premises, nor maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose, including violation of any zoning or similar ordinances.
8. Not to store or possess any hazardous materials or chemicals within the leased premises.
9. Not to install any temporary or permanent fixtures to the exterior of the Luzerne County Courthouse.
10. Not to alter or change the existing window treatments within the leased premises.
11. Not to allow any employees, agents or assigns to possess firearms, weapons, alcohol or controlled substances within the Luzerne County Courthouse property.
12. Not to allow any employees, agents or assigns permission to park in the rear lot of the Luzerne County Courthouse property in any parking spot other than parking spot designated for LESSEE.
13. Not to alter, change, adjust or operate any HVAC controls or equipment within the leased premises.
14. Not to allow business operations of the leased premises to exceed the normal business operation hours of the Luzerne County Courthouse without first obtaining written approval from the LESSOR.
Appears in 1 contract
Samples: Master Lease Agreement