Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will not cause or permit the Premises to be used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Property, or (iii) constitutes a nuisance or waste or will invalidate any insurance carried by Landlord. Tenant will obtain and pay for all necessary permits, including a certificate of occupancy, and will promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notes, regulations, orders, recorded declarations, covenants and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, including, without 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 shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures of the Property 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 damage to any property or injury to or death of any 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 to any other third-party, and Tenant waives all claims or liability against Landlord and shall 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. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements 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 (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Consistent with the terms of Article Fourteen below and the Tenant will Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all necessary permits, including a certificate permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of occupancythe Building, and will 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 Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act Act. Tenant shall, at its sole cost and the Americans With Disabilities Act.
bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further that Landlord shall have no responsibility any alteration or liability 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 shall assume all responsibility agrees, at its sole cost and liability and shall indemnify and hold Landlord harmless for any damage expense, to any property comply promptly with such standards or injury to or death regulations. The judgment of any person in, upon or about the Premises court of competent jurisdiction or the Property arising at admission of Tenant in any time from such unrestricted access.
c) Notwithstanding the foregoingjudicial action, regardless of whether Landlord is a party thereto, that Tenant understands and acknowledges has violated any Applicable Laws, shall be conclusive of that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against fact as between Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyTenant.
Appears in 2 contracts
Samples: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements 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 (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Consistent with the terms of Article Fourteen below and the Tenant will Work Letter attached as an exhibit to this Lease, Tenant shall obtain and pay for all necessary permits, including a certificate permits and approvals needed to construct the Improvements. Tenant shall obtain and pay for all permits required for Tenant’s occupancy of occupancythe Building, and will 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 Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act Act. Tenant shall, at its sole cost and the Americans With Disabilities Act.
bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further that Landlord shall have no responsibility any alteration or liability 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 shall assume all responsibility agrees, at its sole cost and liability and shall indemnify and hold Landlord harmless for any damage expense, to any property comply promptly with such standards or injury to or death regulations. The judgment of any person in, upon or about the Premises court of competent jurisdiction or the Property arising at admission of Tenant in any time from such unrestricted access.
c) Notwithstanding the foregoingjudicial action, Tenant understands and acknowledges regardless of whether Landlord is a party thereto, that Landlord Xxxxxx has violated any Applicable Laws, shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against conclusive of that fact as between Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyTenant.
Appears in 1 contract
Samples: Land Lease (Switch, Inc.)
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (as defined below) collectively, "APPLICABLE LAWS"), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant's occupancy of occupancythe Property, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act and Act. Notwithstanding the Americans With Disabilities Act.
b) Without limiting any other provision of this Leaseforegoing, Landlord agrees 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 certain Representatives 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 have unrestricted 24/7/365 access shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to the Premises, (or are triggered by) (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant's use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any 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 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 shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold promptly notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or water infiltration at the Property arising at any time from such unrestricted access.
c) Notwithstanding indicating the foregoing, Tenant understands need for a repair that is the responsibility of Landlord under this Lease and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless material water infiltration in connection with any access (restricted or unrestricted) to the Premises and/or to the PropertyBuilding.
Appears in 1 contract
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements 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 (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Property, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, 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 Occupational Safety fire department or any governmental agency because of Tenant’s specific use of the Property. Tenant shall, at its sole cost and Health Act and the Americans With Disabilities Act.
bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any 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 shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold immediately notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or water infiltration at the Property arising at any time from such unrestricted accessof which Tenant becomes aware.
c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall 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 (Switch, Inc.)
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will Sublessee shall not cause or permit the Premises to be used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlordapplicable law, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Propertyordinance, or (iii) governmental regulation or order, or business park rule, or which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will Sublessee shall obtain and pay for all necessary operational permits, including a certificate an Occupancy Fee, floor tax or personal property tax, required for or related to Sublessee’s occupancy of occupancy, the Premises and will shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant Sublessee of the Premises, including, without limitation, including the Occupational Safety and Health Act Act, federal, state and local environmental laws and regulations, and the Americans With with Disabilities Act.
b; provided, however, Sublessee shall not be responsible for compliance with any laws, regulations, or the like necessitated by Sublessor’s failure to deliver the Premises and/or Sublessor’s Work in accordance with Section 21(a) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, above or requiring (i) subject to any Landlord imposed security requirements structural repairs or measures modifications, or any other closures of the Property by Landlord resulting from any Casualty or any other reasonable purpose, and (ii) provided further that Landlord shall have no responsibility repairs or liability modifications to the utility or Building service equipment located outside of the Premises and Tenant shall assume all responsibility and liability and shall indemnify and hold Landlord harmless for any damage not required solely as a result of Sublessee’s use or arising from or related to any property Sublessee’s occupancy or injury (iii) the installation of new Building service equipment such as fire detection or suppression equipment, unless such repairs, modifications or installations are required either due to Sublessor’s Work, alterations, or death of any person in, upon or about repairs in the Premises or Sublessee’s particular manner of use of the Property arising Premises (as opposed to office use generally) or due to the negligence or willful misconduct of Sublessee or any agent, employee or contractor or Sublessee. Sublessee shall use the Premises for the manufacturing, handling and storage of aerosol and other cans and containers, including, but not limited to, aerosol paint cans and shaving cream cans, other types of rigid plastic or metal containers, and other products which are similar to and/or compatible with the use stated herein, together with ancillary uses relating to such products, including without limitation general office uses, shipping, receiving, storage of finished product (whether manufactured at the Premises or at any time from other location of Sublessee or its affiliates) and storage of raw materials and for no other use without the Primary Lessor’s and Sublessor’s prior written approval. Sublessee may not store any products or any of Sublessee’s personal property or other property outside the Building. Sublessee may not make material changes, alterations, or improvements to the Premises without Sublessor’s written approval. Notwithstanding anything contained herein to the contrary, Sublessee shall be entitled to perform work within the Premises with notice to, but not the consent of, Sublessor as long as (a) the cost of such unrestricted access.
work does not exceed, in the aggregate, $50,000.00; (b) such work does not adversely affect the structural components of the Building or the Building’s systems; (c) Notwithstanding except for exhaust stacks as discussed below, such work is not visible from the foregoingexterior of the Premises; and (d) the terms and conditions of this paragraph of the Sublease are otherwise complied with. In addition, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-partySublessor expressly agrees that, and Tenant waives all claims or liability against Landlord and shall indemnify and hold Landlord harmless in connection with any access (restricted or unrestricted) the installation of its manufacturing equipment, Sublessee shall be entitled to install, at its sole cost and expense, exhaust stacks through the Premises and/or to roof of the PropertyBuilding. Such exhaust stacks shall be constructed in a good and workmanlike manner.
Appears in 1 contract
Samples: Sublease (Bway Corp)
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises to be used in any way which (i) constitutes shall constitute a violation of any Legal Requirements (as defined below) law, ordinance, restrictive covenants, or the rules and regulations (the “Rules and Regulations”) established by Landlordgovernmental regulation or order, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys shall annoy or interferes interfere with the rights of tenants of the Property, or (iii) constitutes which shall constitute a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate of occupancy, occupancy and will shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notes, regulations, orders, recorded declarations, covenants and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, including the Occupational Safety and Health Act. The parties acknowledge that the Americans With Disabilities Act of 1990 (49 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, 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 barrier removal, and that such requirements may be unclear and may or may not apply to the Premises or Property depending on, among other things: (1) whether Tenant’s 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, in their condition as of the date hereof, deviate in any manner under the ADA Accessibility guidelines (“ADAAG”) or any 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 any affiliates or persons or entities related to Tenant, operations of any of them, or the Premises, including, without 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 shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures under Title I of the Property 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 damage ADA pertaining to any property or injury to or death of any person in, upon or about the Premises or the Property arising at any time from such unrestricted accessTenant’s employees.
c) Notwithstanding the foregoing, Tenant understands and acknowledges that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against Landlord and shall 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
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises to be improved or used in any way which (i) constitutes a violation of any Legal Requirements (as defined below) or the rules and regulations (the “Rules and Regulations”) established by Landlordapplicable law, a copy of which is attached as Exhibit Cstatute, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or interferes with the rights of tenants of the Propertyordinance, 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 (iii) collectively, “Applicable Laws”), or which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Premises, and will for all business licenses, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the Premises, 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 Occupational Safety fire department or any governmental agency based on Tenant’s use. Tenant shall, at its sole cost and Health Act and the Americans With Disabilities Act.
bexpense, promptly comply with any Applicable Laws which relate to (or are triggered by) Without limiting any other provision of this Lease, Landlord agrees that certain Representatives of Tenant shall have unrestricted 24/7/365 access to the Premises, (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposePremises, and (ii) provided further that Landlord shall have no responsibility any alteration or liability any 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, environmental or safety standards, then Tenant shall assume all responsibility agrees, at its sole cost and liability expense, to comply promptly with such standards or regulations, including, without limitation, any governmental requirement to obtain and shall indemnify and hold Landlord harmless maintain permits for any damage to any property the use or injury to or death operation of any person in, upon or about equipment at the Premises or regulating effluent discharges in the Property arising course of Tenant's operations at the Premises. The final judgment of any time from such unrestricted access.
c) Notwithstanding court of competent jurisdiction or the foregoingadmission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that Tenant understands and acknowledges has violated any Applicable Laws, shall be conclusive of that Landlord shall in no event be liable to Tenant or to any other third-party, and Tenant waives all claims or liability against fact as between Landlord and Tenant. Tenant shall indemnify and hold promptly notify Landlord harmless in connection with writing of any access (restricted or unrestricted) to water infiltration at the Premises and/or to the PropertyPremises.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Manner of Use. a) Tenant will use the Premises only for the Permitted Uses. Tenant will shall not cause or permit the Premises Property to be improved, developed, or used in any way which (i) constitutes a violation of any Legal Requirements law, statute, ordinance, or governmental regulation or order, or other governmental requirement now in force or which may hereafter be enacted or promulgated (as defined below) collectively, “Applicable Laws”), or the rules and regulations (the “Rules and Regulations”) established by Landlord, a copy of which is attached as Exhibit C, as they may be amended in writing by Industrial Lease Landlord, (ii) annoys or unreasonably interferes with the rights of other tenants of the PropertyLandlord, or (iii) which constitutes a nuisance or waste or will invalidate any insurance carried by Landlordwaste. Tenant will shall obtain and pay for all necessary permits, including a certificate permits required for Tenant’s occupancy of occupancythe Property, and will for all business licenses relating to Tenant’s occupancy of the Property and the operation of its business, and shall promptly take all actions necessary to comply with all applicable Federal, State or local statutes, ordinances, notesrules, regulations, orders, recorded declarations, covenants orders and requirements (collectively, “Legal Requirements”) regulating the use by Tenant of the PremisesProperty, including, including without limitation, limiting to the Occupational Safety and Health Act and Act. Notwithstanding the Americans With Disabilities Act.
b) Without limiting any other provision of this Leaseforegoing, Landlord agrees 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 certain Representatives of may be required by the fire department or any governmental agency. Tenant shall have unrestricted 24/7/365 access shall, at its sole cost and expense, promptly comply with any Applicable Laws which relate to the Premises, (or are triggered by) (i) subject to any Landlord imposed security requirements or measures or any other closures Tenant’s use of the Property by Landlord resulting from any Casualty or any other reasonable purposeProperty, and (ii) provided further any alteration or any 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 shall have no responsibility or liability and Tenant. Tenant shall assume all responsibility and liability and shall indemnify and hold immediately notify Landlord harmless for any damage to any property or injury to or death in writing of any person in, upon or about the Premises or the Property arising water infiltration 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 to any other third-party, and Tenant waives all claims or liability against Landlord and shall 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 (Switch, Inc.)