We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of LICENSEE’S COVENANTS Clause in Contracts

LICENSEE’S COVENANTS. (1) The Licensee shall use the Licensed Space only for the purposes specified in Schedule 2 and for no other purpose. [Note to draft: Libro to complete Schedule 2 to enumerate permitted uses.] (2) The Licensee shall maintain and conduct its operations in a reasonable and proper manner, so as not to interfere with the Licensor’s use of the remainder of the Premises. (3) Prior to making any use of the Licensed Space, the Licensee shall submit to the Licensor samples, mock-ups, drawings and/or copies of all brochures, signage and like materials which the Licensee intends to use, display or have available in the Licensed Space (the “Licensee Materials”), for the Licensor’s approval. The Licensor shall have the right to request that any Licensee Materials it, in its discretion, finds unacceptable not be used, displayed and/or made available within the Licensed Space and/or the Premises. (4) In using the Licensed Space, the Licensee shall comply with all applicable statutes, laws, by-laws, regulations, ordinances and orders in force during the Term and which relate to or affect the condition, maintenance, use or occupation of the Licensed Space by the Licensee (“Applicable Law“). (5) The Licensee shall not permit or suffer to be permitted any damage or injury to the Licensed Space or the Premises. The Licensee shall forthwith report to the Licensor, in writing, any damage or injury to: the Licensed Space regardless as to how it was caused; and, the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law. The repair of any damage or injury to the Licensed Space or the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law shall be completed (to the extent the Licensor elects to) by the Licensor, at the cost of the Licensee, and the Licensee confirms its responsibility to, forthwith, pay for and otherwise indemnify the Licensor in respect of all costs associated with the repair of any such damage or injury to the Licensed Space or the Premises. (6) The Licensee shall not make any alterations, improvements, repairs or affixed installations in the Licensed Space. (7) The Premises may contain certain designated substances (within the meaning of Ontario Regulation 490/09), including, without limitation, asbestos and silica. As a result of the foregoing, the Licensee acknowledges and agrees that it shall ensure that none of its employees, servants, volunteers, invitees or others for whom it is responsible for at law: move or disturb any ceiling tiles within the Licensed Space or the Premises; enter into any space above any ceiling or behind any wall in the Licensed Space or the Premises; disturb, xxxxxx (by nail, screw or pin), bore or drill any surface within the Licensed Space or the Premises; apply any adhesive to any surface within the Licensed Space or the Premises; or, intentionally disturb, chip or otherwise intentionally damage any surface within the Licensed Space or the Premises. (8) The Licensee will not utilize any equipment which would exceed or overload the capacity of the electrical wiring or services in the Licensed Space or the Premises. Any equipment used by the Licensee shall have and bear the appropriate standard and/or approval of the Canadian Standards Association. (9) The Licensee and all persons under its control shall comply with all policies, procedures, rules, regulations, and directives made, adopted or provided by the Licensor, from time to time, relating to the Premises, the Licensed Space or the Licensee’s use of the Licensed Space. (10) At the expiration or earlier termination of the Term, the Licensee shall: remove all of its equipment, other personal property and refuse; and, surrender and vacate the Licensed Space to the Licensor in as good condition and repair as it was immediately prior to the commencement of the Term. The Licensee shall be responsible for the Licensor’s costs in repairing any damage to the Premises caused in the course of such removal. The Licensee's obligations under this section shall survive the expiration of the Term or earlier termination of this Agreement.

Appears in 1 contract

Samples: Vendor License Agreement

LICENSEE’S COVENANTS. (1) The Licensee shall use covenants and agrees that: (a) when exercising the Licensed Space only licence granted to it by the Licensor in Section 1, the Licensee will at all times act reasonably and with due consideration for the purposes specified in Schedule 2 interests of the Licensor and for no other purpose. [Note will cause as little disturbance to draft: Libro to complete Schedule 2 to enumerate permitted uses.]the Licensor and the users and occupiers, if any, of the License Area as is reasonably possible; (2b) The Licensee the License Area shall maintain be operated and conduct its operations maintained at the sole risk and expense of the Licensee, in a reasonable good and proper mannerworkmanlike manner and in accordance with the requirements of all governmental authorities having jurisdiction, so as all applicable laws of competent government authorities, requirements of insurers and standard industry practice; (c) it may not erect or install any permanent structures or improvements, or make any alterations or modifications, on or to interfere with the License Area or any part thereof without the prior written consent of the Licensor, which consent may be withheld in the Licensor’s use sole and absolute discretion;‌ (d) it will not store any flammable, combustible, explosive or other Hazardous Substances (as defined below) in, on or under any part of the remainder License Areas or elsewhere on the License Area; (e) to limit the amount of dust, noise and debris caused or contributed to by the exercise of the Premises.Licensee’s rights and licence hereunder in accordance with standard industry practice; (3f) Prior to making it will repair any use of the Licensed Space, the Licensee shall submit damage caused to the Licensor samplesLicense Areas or any other part thereof, mock-ups, drawings and/or copies of all brochures, signage promptly and like materials which the Licensee intends to use, display or have available in the Licensed Space (the “Licensee Materials”), for the Licensor’s approval. The Licensor shall have the right to request a good and workmanlike manner so that any Licensee Materials itdamaged property is restored to as close to its predamaged condition as reasonably possible, in its discretionincluding, finds unacceptable but not be usedlimited, displayed and/or made available within the Licensed Space and/or the Premises.to any infrastructure and road works; (4g) In using the Licensed Spaceit will, the Licensee shall at its sole cost and expense, comply with all applicable statutes, laws, by-lawscodes, bylaws, regulations, ordinances directives and orders in force during the Term and which relate to or affect the condition, maintenance, use or occupation requirements of every governmental authority having jurisdiction over the Licensed Space Use; (h) it will, at its sole cost and expense, comply with all applicable guidelines or regulations as may be presented by the Licensee (“Applicable Law“). (5) The Licensee shall not permit or suffer Licensor to be permitted any damage or injury to the Licensed Space or the Premises. The Licensee shall forthwith report to the Licensor, in writing, any damage or injury to: the Licensed Space regardless as to how it was caused; and, the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom from time to time; (i) it is will be responsible for at law. The repair any and all construction and installation costs and expenses for or in respect of the License Area, to which the Licensor provides its prior consent in accordance with Subsection 5(c) to the intent that the Licensor is not and will not be liable for payment of any damage such costs or injury to the Licensed Space or the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom expenses; (j) it is will be responsible for at law shall be completed (to the extent the Licensor elects to) by the Licensorobtaining and maintaining, at its sole cost and expense, any and all permits, Licenses and approvals of any kind whatsoever for or in connection with the cost exercise of the Licensee, ’s rights and the Licensee confirms its responsibility to, forthwith, pay for and otherwise indemnify the Licensor in respect of all costs associated with the repair of any such damage or injury to the Licensed Space or the Premises. (6) The Licensee shall not make any alterations, improvements, repairs or affixed installations in the Licensed Space. (7) The Premises may contain certain designated substances (within the meaning of Ontario Regulation 490/09)licence hereunder, including, without limitation, asbestos and silica. As a result the use by any person of any part of the foregoing, the Licensee acknowledges and agrees that License Areas; (k) it shall ensure that none of its employees, servants, volunteers, invitees or others for whom it is will be responsible for at law: move or disturb any ceiling tiles within all taxes, fees, utilities, levies and other charges payable to governmental authorities in connection with the Licensed Space or the Premises; enter into any space above any ceiling or behind any wall in the Licensed Space or the Premises; disturb, xxxxxx (by nail, screw or pin), bore or drill any surface within the Licensed Space or the Premises; apply any adhesive to any surface within the Licensed Space or the Premises; or, intentionally disturb, chip or otherwise intentionally damage any surface within the Licensed Space or the Premises. (8) The Licensee will not utilize any equipment which would exceed or overload the capacity exercise of the electrical wiring or services in the Licensed Space or the Premises. Any equipment used by the Licensee shall have and bear the appropriate standard and/or approval of the Canadian Standards Association. (9) The Licensee and all persons under its control shall comply with all policies, procedures, rules, regulations, and directives made, adopted or provided by the Licensor, from time to time, relating to the Premises, the Licensed Space or the Licensee’s use rights and licence hereunder to the intent that the Licensor is not and will not be liable for payment of any such charges; and (l) it will ensure that its activities do not unreasonably interfere with or disrupt the activities of the Licensed Space. (10) At Licensor and the expiration or earlier termination users and occupiers, if any, of the Term, the Licensee shall: remove all of its equipment, other personal property and refuse; and, surrender and vacate the Licensed Space to the Licensor in as good condition and repair as it was immediately prior to the commencement of the Term. The Licensee shall be responsible for the Licensor’s costs in repairing any damage to the Premises caused in the course of such removal. The Licensee's obligations under this section shall survive the expiration of the Term or earlier termination of this AgreementLicense Area.

Appears in 1 contract

Samples: License Agreement

LICENSEE’S COVENANTS. (1a) The Licensee has inspected the Equipment Room, the Building Communications Spaces and the Building and accepts the same "as is" and agrees that Licensor is under no obligation to perform any work or provide any materials to prepare the Equipment Room, the Building Communications Spaces or the Building for Licensee. (b) Licensee shall at its sole cost and expense, install and shall thereafter, maintain Licensee's Equipment in safe and proper operating condition at all times. (c) Licensee shall, at its sole cost and expense, repair any damage to the Building, Building Communications Spaces, and/or to any other property owned by Licensor or by any lessee or licensee of Licensor or by any other Building tenants where such damage is caused by Licensee or any of its agents, representatives, employees, contractors, subcontractors, or invitees. If Licensee fails to repair any such damage, Licensor may, in its sole discretion, repair such damage and Licensee shall forthwith upon receipt of a written invoice reimburse Licensor of all costs and expenses incurred in such repair including Licensors administration fee plus 15%. (d) Licensee shall not interfere with the use and enjoyment of the Building by Licensor or by other lessees, or licensees of the Licensor or other Building tenants. If such interference shall occur, Licensor shall give Licensee written notice thereof and Licensee shall use reasonable commercial efforts to correct the Licensed Space only for same within twenty-four (24) hours after receipt of such notice. In the purposes event Licensee fails to correct such conditions after proper notification and waiting period, Licensor reserves the right to take any reasonable actions to correct the same and charge the cost of same to the Licensee including Licensor's administration fee plus 15%. (e) Licensee's Equipment shall not disrupt, adversely affect, or interfere with other providers of telecommunications services in the Building or with any tenant's use or operation of telecommunications or computer devices operating in accordance with Industry Canada standards. Licensee shall correct such interference within twenty-four (24) hours after receiving written notice of such interference and after such interference has been positively identified as being caused by Licensee's Equipment. Licensor reserves the right to disconnect power to any such Licensee's Equipment which Licensee fails to correct after proper notification and waiting period. (f) Licensee agrees to comply with the Building Rules and Regulations as specified in Schedule 2 D and for no other purpose. [Note to draft: Libro to complete Schedule 2 to enumerate permitted uses.] (2) The Licensee shall maintain as reasonably adopted and conduct its operations in a reasonable and proper manner, so as not to interfere with the Licensor’s use of the remainder of the Premises. (3) Prior to making any use of the Licensed Space, the Licensee shall submit to the altered by Licensor samples, mock-ups, drawings and/or copies of all brochures, signage and like materials which the Licensee intends to use, display or have available in the Licensed Space (the “Licensee Materials”), for the Licensor’s approval. The Licensor shall have the right to request that any Licensee Materials it, in its discretion, finds unacceptable not be used, displayed and/or made available within the Licensed Space and/or the Premises. (4) In using the Licensed Space, the Licensee shall comply with all applicable statutes, laws, by-laws, regulations, ordinances and orders in force during the Term and which relate to or affect the condition, maintenance, use or occupation of the Licensed Space by the Licensee (“Applicable Law“). (5) The Licensee shall not permit or suffer to be permitted any damage or injury to the Licensed Space or the Premises. The Licensee shall forthwith report to the Licensor, in writing, any damage or injury to: the Licensed Space regardless as to how it was caused; and, the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law. The repair of any damage or injury to the Licensed Space or the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law shall be completed (to the extent the Licensor elects to) by the Licensor, at the cost of the Licensee, and the Licensee confirms its responsibility to, forthwith, pay for and otherwise indemnify the Licensor in respect of all costs associated with the repair of any such damage or injury to the Licensed Space or the Premises. (6) The Licensee shall not make any alterations, improvements, repairs or affixed installations in the Licensed Space. (7) The Premises may contain certain designated substances (within the meaning of Ontario Regulation 490/09), including, without limitation, asbestos and silica. As a result of the foregoing, the Licensee acknowledges and agrees that it shall ensure that none of its employees, servants, volunteers, invitees or others for whom it is responsible for at law: move or disturb any ceiling tiles within the Licensed Space or the Premises; enter into any space above any ceiling or behind any wall in the Licensed Space or the Premises; disturb, xxxxxx (by nail, screw or pin), bore or drill any surface within the Licensed Space or the Premises; apply any adhesive to any surface within the Licensed Space or the Premises; or, intentionally disturb, chip or otherwise intentionally damage any surface within the Licensed Space or the Premises. (8) The Licensee will not utilize any equipment which would exceed or overload the capacity of the electrical wiring or services in the Licensed Space or the Premises. Any equipment used by the Licensee shall have and bear the appropriate standard and/or approval of the Canadian Standards Association. (9) The Licensee and all persons under its control shall comply with all policies, procedures, rules, regulations, and directives made, adopted or provided by the Licensor, from time to time, relating and will cause its agents, employees, contractors, invitees and visitors to the Premises, the Licensed Space or the Licensee’s use of the Licensed Spacedo so. (10g) At the expiration or earlier termination of the Term, the Licensee shall: remove all of its equipment, other personal property and refuse; and, surrender and vacate the Licensed Space to the agrees that Licensor in as good condition and repair as it was immediately prior to the commencement of the Term. The Licensee shall not be responsible liable for the Licensor’s costs in repairing any damage to the Premises caused in the course of such removal. The Licensee's obligations under this section shall survive the expiration of the Term Equipment or earlier termination of this Agreementtheft, misappropriation or loss thereof, unless due to Licensor's negligence or willful misconduct.

Appears in 1 contract

Samples: Telecommunications Licence Agreement

LICENSEE’S COVENANTS. (1) The Licensee shall use hereby agrees, undertakes and covenants with the Licensed Space only for the purposes specified in Schedule 2 and for no other purpose. [Note to draft: Libro to complete Schedule 2 to enumerate permitted uses.]Licensor as follows: (2a) The that within the Premises, including the Common Areas within the Building the Licensee shall maintain keep the interior walls, floors, ceiling, doors, windows, electric fittings and conduct its operations installations and water connections in a good order and condition (reasonable wear and proper mannertear and loss or damage by fire, so as not to interfere with the Licensor’s use accident, irresistible force or act of the remainder of the Premises.God excepted); (3b) Prior to making any use that upon the expiration or sooner determination of the Licensed Spacethis Agreement, the Licensee shall submit remove from the Premises, all such furniture and fittings belonging to the Licensor samples, mock-ups, drawings and/or copies of all brochures, signage and like materials which the Licensee intends to use, display or have available without in the Licensed Space (the “Licensee Materials”), for the Licensor’s approval. The Licensor shall have the right to request that any Licensee Materials it, in its discretion, finds unacceptable not be used, displayed and/or made available within the Licensed Space and/or way damaging the Premises.; (4c) In using that upon expiry of the Licensed Spaceperiod of the licence or sooner determination of this Agreement, the Licensee shall comply with all applicable statutes, laws, by-laws, regulations, ordinances forthwith vacate the Premises and orders in force during the Term hand over vacant and which relate to or affect the condition, maintenance, use or occupation peaceful possession of the Licensed Space Premises (duly debonded) to the Licensor; (d) that the Licensee shall promptly notify the Licensor of any notice received by the Licensee (“Applicable Law“).in respect of the Premises; (5e) The that subject to Clause 10.1 hereto, the Licensee shall not permit have any right to transfer, assign, mortgage or suffer to be permitted part with possession of the Premises or create any third party rights therein any manner whatsoever; (f) that the Licensee shall keep all articles, furniture, fixtures, vehicles or valuables in the Premises at its own risk in all respects and the Licensee shall not hold the Licensor responsible or liable for any damage or injury to the Licensed Space same or any loss due to theft etc. provided that such damage, loss or theft is not caused by the Premises. The Licensee shall forthwith report to negligence of the Licensor, in writing, any damage its employees or injury to: agents; (g) that the Licensee shall permit the Licensor's authorised representatives to inspect the Licensed Space regardless as Premises during the day upon providing reasonable prior notice in that behalf of at least 3 (three) working days to how it was caused; and, the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law. The repair of any damage or injury to the Licensed Space or the Premises caused by the Licensee, its employees, servants, volunteers, invitees or others for whom it is responsible for at law shall be completed ; (to the extent the Licensor elects toh) by the Licensor, at the cost of the Licensee, and that the Licensee confirms its responsibility to, forthwith, pay for and otherwise indemnify the Licensor in respect of all costs associated with the repair of any such damage or injury to the Licensed Space or the Premises. (6) The Licensee shall not make any alterations, improvements, repairs or affixed installations in the Licensed Space. (7) The Premises may contain certain designated substances (within the meaning of Ontario Regulation 490/09), including, without limitation, asbestos and silica. As a result of the foregoing, the Licensee acknowledges and agrees that it shall ensure that none not undertake any activity which would be contrary to the terms and conditions of its employeesthis Agreement or which would otherwise adversely affect the Licensor's right, servants, volunteers, invitees title or others for whom it is responsible for at law: move or disturb any ceiling tiles within the Licensed Space or interest in respect of the Premises; enter into any space above any ceiling or behind any wall in the Licensed Space or the Premises; disturb, xxxxxx (by nail, screw or pin), bore or drill any surface within the Licensed Space or the Premises; apply any adhesive to any surface within the Licensed Space or the Premises; or, intentionally disturb, chip or otherwise intentionally damage any surface within the Licensed Space or the Premises.; (8) The Licensee will not utilize any equipment which would exceed or overload the capacity of the electrical wiring or services in the Licensed Space or the Premises. Any equipment used by i) that the Licensee shall have and bear all running costs incurred in the appropriate standard and/or approval operation of the Canadian Standards Association. (9) The Licensee and all persons under its control shall comply with all policies, procedures, rules, regulations, and directives made, adopted or provided back to back standby diesel generators installed by the Licensor, from time Licensor pursuant to time, relating to the Premises, the Licensed Space or the Licensee’s use of the Licensed Space. Clause 5 (10e) At the expiration or earlier termination of the Term, the Licensee shall: remove all of its equipment, other personal property and refuse; and, surrender and vacate the Licensed Space to the Licensor in as good condition and repair as it was immediately prior to the commencement of the Term. The Licensee shall be responsible for the Licensor’s costs in repairing any damage to the Premises caused in the course of such removal. The Licensee's obligations under this section shall survive the expiration of the Term or earlier termination of this Agreement.

Appears in 1 contract

Samples: Leave and Licence Agreement (WNS (Holdings) LTD)