Common use of Manner of Use Clause in Contracts

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the Building, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant.

Appears in 2 contracts

Samples: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)

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Manner of Use. a) Tenant shall will use the Premises only for the Permitted Uses. Tenant will not cause or permit the Property Premises to be improved, developed, or used in any way which (i) constitutes a violation of any lawLegal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlord, statutea copy of which is attached as Exhibit C, ordinanceas they may be amended in writing by Industrial Lease Landlord, (ii) annoys or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Property, or which (iii) constitutes a nuisance or wastewaste or will invalidate any insurance carried by Landlord. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall will obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy necessary permits, including a certificate of the Buildingoccupancy, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall will promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, rulesnotes, regulations, orders orders, recorded declarations, covenants and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PropertyPremises, including including, without limiting to limitation, the Occupational Safety and Health Act and the Americans With Disabilities Act. . b) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shallshall have unrestricted 24/7/365 access to the Premises, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use subject to any Landlord imposed security requirements or measures or any other closures of the PropertyProperty by Landlord resulting from any Casualty or any other reasonable purpose, and (ii) provided further that Landlord shall have no responsibility or liability and Tenant shall assume all responsibility and liability and shall indemnify and hold Landlord harmless for any alteration damage to any property or injury to or death of any Improvements made by person in, upon or about the Premises or the Property arising at any time from such unrestricted access. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or at the request of Tenant. Should to any standard other third-party, and Tenant waives all claims or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between liability against Landlord and Tenantshall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (ProFrac Holding Corp.), Industrial Lease (ProFrac Holding Corp.)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s specific use and occupancy of the BuildingProperty, and for Industrial Lease—Atlanta Dendreon Corporation all business licenses relating to Tenant’s occupancy of the Building and the operation of its businesslicenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, but not limited to, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. It shall be considered a Tenant Delay under Article Fourteen below if a delay in obtaining such permit thereby delays or affects Landlord’s receipt of governmental permits, approvals or certificates of occupancy. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Xxxxxx becomes aware. Landlord shall be responsible for constructing the Base Building Shell Improvements in accordance with Applicable Laws, including, without limitation, the Americans with Disabilities Act.

Appears in 1 contract

Samples: Standard Industrial Real Estate Lease (Dendreon Corp)

Manner of Use. A. Tenant shall not cause use, or permit its employees, agents, contractors or invitees to use, the Leased Premises, Building or Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably annoys or interferes with the rights of other tenants of Landlordthe Building or Property, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy conduct of its business in the BuildingLeased Premises, and for all business licenses relating to Tenant’s occupancy of the Building and Property for the operation of its business, Permitted Use and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property(including, including without limiting to limitation, the Occupational Safety and Health Act and the Americans with Disabilities Act. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) regulating: (i) Tenant’s use of the PropertyWork, and (ii) any alteration or any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on ’s desired alterations, additions and improvements (excluding Landlord’s Work, but subject to Landlord’s obligation to deliver the Leased Premises to Tenant by any with Landlord’s Work Substantially Complete and in compliance with all then-existing federal, state State and local laws, statutes, rules, regulations, ordinances, court orders and decrees, and administrative orders and all administrative policies and guidelines), and (iii) Tenant’s conduct of its business in the Leased Premises, Building and Property. Tenant shall not place weight upon any space on the second floor exceeding the structural floor load of two hundred fifty pounds (250 lbs.) per square foot of area) or local governmental body charged that which is permitted by law or to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant’s failure to comply with the establishmentforegoing restriction on the structural floor load is a breach of this Lease. Subject to the terms and conditions of this Lease regarding Landlord’s access to the Leased Premises, regulation and enforcement of occupational, health or safety standards, then Tenant agreesshall have the right, at its Tenant’s sole cost and expense, to comply promptly with such standards or regulationsinstall, operate and maintain a security system and/or card access system in the Leased Premises and Lobby. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive permitted to use wireless communication devices in, on or about the Lease Premises, including, without limitation, Wi-Fi; provided such wireless communications devices do not unreasonably interfere with any pre-existing equipment at the Property. Subject to Landlord’s prior written approval of the installation and design therefor (which approval shall not be unreasonably withheld, delayed or conditioned), Tenant shall have the right, at Tenant’s sole cost and expense, to install, operate and maintain a security system and/or card access system in the Leased Premises. B. Landlord shall allow Tenant to access: (i) Bays 1.5 and 1.7 no later than April 1, 2013, and (ii) Bays 2.7 and 2.8, the Lobby, Lobby Offices, Parking Area, Loading Area, Trailer Storage Area, Common Areas, and the Corridor, as of the effective date of this Lease (i.e., the date that fact as between this Lease has been signed and delivered by both Landlord and Tenant), and prior to Substantial Completion of Landlord’s Work, for purposes that include, but are not limited to: (i) installing Tenant’s inventory, wiring, furniture, fixtures and equipment, (ii) setting up test runs of productions flow and inventory move in, and (iii) commencing Tenant’s Work; provided that Tenant will coordinate such access with Landlord to avoid causing a material delay in Substantial Completion of Landlord’s Work. Nevertheless, Landlord will exercise commercially reasonable efforts to provide access to the spaces identified in romanette (i) in this Paragraph as soon as practicable after the effective date of this Lease. C. Tenant shall have access to the Leased Premises seven (7) days per week, twenty- four (24) hours per day, fifty-two (52) weeks per year; provided, however, Tenant’s access to the Building and/or the Leased Premises may be limited in the case of temporary closure due to force majeure, emergencies, repairs, casualty, governmental or quasi-governmental requirements or as Landlord reasonably deems necessary in order to prevent damage or injury to person or property (provided, however, Landlord agrees to provide reasonable advance notice to Tenant with respect to any temporary closure instituted by Landlord).

Appears in 1 contract

Samples: Warehouse Space Lease Agreement (Body Central Corp)

Manner of Use. a) Tenant shall will use the Premises only for the Permitted Uses. Tenant will not cause or permit the Property Premises to be improved, developed, or used in any way which (i) constitutes a violation of any lawLegal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlord, statutea copy of which is attached as Exhibit C, ordinanceas they may be amended in writing by Landlord, (ii) annoys or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlordthe Property, or which (iii) constitutes a nuisance or wastewaste or will invalidate any insurance carried by Landlord. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall will obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy necessary permits, including a certificate of the Buildingoccupancy, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall will promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, rulesnotes, regulations, orders orders, recorded declarations, covenants and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PropertyPremises, including including, without limiting to limitation, the Occupational Safety and Health Act and the Americans With Disabilities Act. . b) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shallshall have unrestricted 24/7/365 access to the Premises, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use subject to any Landlord imposed security requirements or measures or any other closures of the PropertyProperty by Landlord resulting from any Casualty or any other reasonable purpose, and (ii) provided further that Landlord shall have no responsibility or liability and Tenant shall assume all responsibility and liability and shall indemnify and hold Landlord harmless for any alteration damage to any property or injury to or death of any Improvements made by person in, upon or about the Premises or the Property arising at any time from such unrestricted access. c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or at the request of Tenant. Should to any standard other third-party, and Tenant waives all claims or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between liability against Landlord and Tenantshall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the Property.

Appears in 1 contract

Samples: Industrial Lease (ProFrac Holding Corp.)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, or used in any way which constitutes shall constitute a violation of any law, statuteordinance, ordinancerestrictive covenants, or governmental regulation or order, which shall annoy or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes interfere with the rights of other tenants of Landlordthe Property, or which constitutes shall constitute a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s permits, including a certificate of occupancy of the Building, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rulesnotes, regulations, orders orders, covenants and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Tenant shallThe parties acknowledge that the Americans With Disabilities Act of 1990 (49 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, at its sole cost as all of the same may be amended from time to time (collectively, the “ADA”), establish requirements under Title III of the ADA (“Title III”) pertaining to business operations, accessibility and expensebarrier removal, promptly comply with any Applicable Laws which relate and that such requirements may be unclear and may or may not apply to the Premises or Property depending on, among other things: (or are triggered by1) (i) whether Tenant’s use business operations are deemed a “place of public accommodation” or a “commercial facility”; (2) whether compliance with such requirements is “readily achievable” or “technically infeasible”; and (3) whether a given alteration affects a “primary function area” or triggers so-called “path of travel” requirements. The parties acknowledge and agree that Tenant has been provided an opportunity to inspect the Premises and the Property to a degree sufficient to determine whether or not the Premises and the Property, and in their condition as of the date hereof, deviate in any manner under the ADA Accessibility guidelines (ii“ADAAG”) any alteration or any Improvements made other requirements under the ADA pertaining to the accessibility of the Premises or Property. Tenant further acknowledges and agrees that, except as may otherwise be specifically provided below, Tenant accepts the Premises and the Property in “as is” condition and agrees that Landlord is making no representation or warranty as to whether the Premises or the Property conform to the requirements of the ADAAG or any other requirements under the ADA. Tenant has prepared or reviewed any plans and specifications for improvements for construction in the Premises and has independently determined that such plans and specifications are in conformance with the ADAAG and other requirements of the ADA. Tenant further acknowledges and agrees that to the extent that Landlord has prepared, reviewed or approved any of Tenant’s plans and specifications, such action shall in no event be deemed a representation or warranty that the same comply with the requirements of the ADA. Tenant shall be responsible for the cost of all Title III compliance and costs in connection with the Premises, including structural work, if any, and any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease and shall also be responsible for the cost of any so-called Title III “path of travel” requirements triggered by construction activities or alterations in the Premises. Tenant shall be solely responsible for all other requirements under the ADA relating to Tenant or at the request of any affiliates or persons or entities related to Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment operations of any court of competent jurisdiction them, or the admission Premises, including, without limitation, requirements under Title I of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and the ADA pertaining to Tenant’s employees.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Aspen Aerogels Inc)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the BuildingProperty, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its businesslicenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain from the applicable governmental authority a High Pile Stock Permit (or comparable permit), if needed. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the fire department or any governmental agency because of Tenant’s specific use of the Property. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property of which Tenant becomes aware.

Appears in 1 contract

Samples: Industrial Lease (Switch, Inc.)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the Building, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant Xxxxxx has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant.

Appears in 1 contract

Samples: Land Lease (Switch, Inc.)

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Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation promulgated (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the BuildingProperty, and for all business licenses relating to Tenant’s occupancy of the Building Property and the operation of its business, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant’s sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems that may be required by the fire department or any governmental agency. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the Property, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall immediately notify Landlord in writing of any water infiltration at the Property.

Appears in 1 contract

Samples: Industrial Lease (Switch, Inc.)

Manner of Use. Tenant shall not cause or permit the Property to be improved, developed, or used in any way which constitutes a violation of any law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any “green building” ordinance, law or regulation promulgated (collectively, “Applicable Laws”"APPLICABLE LAWS"), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s 's occupancy of the BuildingProperty, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its businesslicenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the Property, including without limiting to the Occupational Safety and Health Act. Notwithstanding the foregoing, Landlord shall, at Tenant's sole cost and expense, cooperate with Tenant in executing permitting applications and performing other ministerial acts reasonably necessary to enable Tenant to obtain a High Pile Stock Permit (or comparable permit) from the applicable governmental authority, if applicable. Tenant, at Tenant's sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems that may be required by the fire department or any governmental agency, save and except for the standard ESFR fire suppression systems and pump and any such valves, draft curtains, smoke venting and additional fire protection systems that are part of the Building Shell Improvements to be constructed at Landlord's cost and expense. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s 's use of the Property, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulationsregulations so long as Tenant is not actively contesting the same. The final, unappealed or unappealable judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly notify Landlord in writing of any water infiltration at the Property indicating the need for a repair that is the responsibility of Landlord under this Lease and any other material water infiltration in the Building.

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, improved or used in any way which constitutes a violation of any applicable law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the BuildingPremises, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its businesslicenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the fire department or any governmental agency based on Tenant’s use. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the PropertyPremises, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health health, environmental or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and maintain permits for the use or operation of any equipment at the Premises or regulating effluent discharges in the course of Tenant’s operations at the Premises. The final judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be he conclusive of that fact as between Landlord and Tenant. Tenant shall promptly notify Landlord in writing of any water infiltration at the Premises.

Appears in 1 contract

Samples: Lease Agreement (MJ Holdings, Inc.)

Manner of Use. 9.01 The Demised Premises shall be used by the Tenant for the purpose of a computer services company and for no other purpose without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. 9.02 The Tenant shall not cause at any time use, exercise or carry on or permit the Property or suffer to be improvedused, developedexercised or carried on in or upon the Demised Premises, the Lands, or used in any way which constitutes a violation of part thereof, any lawor permit any act, statute, ordinancematter, or governmental regulation thing whatsoever at any time during the Term hereof to be done in or orderupon the Demised Premises or the Lands or any part thereof which shall or may be, or other governmental requirement now in force or which may hereafter grow to be enacted or promulgatedan annoyance, includingnuisance, without limitation, any “green building” ordinance, law or regulation (collectively, “Applicable Laws”)grievance, or which unreasonably interferes with the rights of other tenants of Landlord, cause damage or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit disturbance to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of persons occupying the Building, the Lands or to the owners of the adjoining lands and for properties. 9.03 The Tenant shall at all business licenses times and in all respects in regard to the Demised Premises and the Lands strictly conform to all by-laws of the City of Nanaimo and all legal requirements whatsoever relating to Tenant’s occupancy the use or occupation of the Lands or Demised Premises or the business carried on thereon or therein, whether imposed by municipal, provincial or federal authority, or otherwise. 9.04 The Tenant shall not, without the prior written consent of the Landlord, conduct or advertise on or from or pertaining to the Demised Premises any auction or closing out or bankruptcy or other similar bulk sale or conduct a wholesale or discount business; nor, will the Tenant grant any concession, licence or permission to any third party to sell or take orders for merchandise or services in the Demised Premises, nor will the Tenant use promotional or advertising media such as loud speakers, phonographs, signs, posters, broadcasts or telecasts in a manner seen or heard outside the Demised Premises. 9.05 The Tenant shall not do, suffer, omit or permit anything to be done or omitted upon the Demised Premises, the Lands or any part thereof which shall cause the insurance upon the Demised Premises or the Building and to be cancelled or the operation rate of its business, and insurance upon the Demised Premises or the Building to be increased; if the rate of insurance on the Building or the Demised Premises shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating be increased by reason of the use by Tenant made of the PropertyDemised Premises or by reason of anything done or omitted, including without limiting suffered or permitted to be done or omitted by the Tenant or by anyone permitted by the Tenant to be upon the Demised Premises, the Tenant will pay to the Occupational Safety and Health Act. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use Landlord the amount of the Property, and (ii) any alteration or any Improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenantincrease forthwith upon demand therefore.

Appears in 1 contract

Samples: Lease Agreement (Forestindustry Com Inc)

Manner of Use. Tenant shall not cause or permit the Property Premises to be improved, developed, improved or used in any way which constitutes a violation of any applicable law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, any future applicable “green building” ordinance, law or regulation or any ordinance, law, or regulation concerning the cultivation, production, and sale of controlled substances (collectively, “Applicable Laws”), or which unreasonably interferes with the rights of other tenants of Landlord, or which constitutes a nuisance or waste. Consistent with the terms of Article Fourteen below and the Tenant Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of the BuildingPremises, and for all business licenses relating to Tenant’s occupancy of the Building and the operation of its businesslicenses, and shall promptly take all actions necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use by Tenant of the PropertyPremises, including without limiting to the Occupational Safety and Health Act. Tenant, at Tenant’s sole cost and expense, shall be responsible for the installation of any fire hose valves, draft curtains, smoke venting and any additional fire protection systems (including, without limitation, fire extinguishers) that may be required by the fire department or any governmental agency based on Tenant’s use. Tenant shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to (or are triggered by) (i) Tenant’s use of the PropertyPremises, and (ii) any alteration or any Improvements tenant improvements made by Tenant or at the request of Tenant. Should any standard or regulation now or hereafter be imposed on Tenant by any federal, state or local governmental body charged with the establishment, regulation and enforcement of occupational, health health, environmental or safety standards, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and maintain permits for the use or operation of any equipment at the Premises or regulating effluent discharges in the course of Tenant's operations at the Premises. The final judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant has violated any Applicable Laws, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall promptly notify Landlord in writing of any water infiltration at the Premises.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.)

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