Common use of NON-PERMITTED USE Clause in Contracts

NON-PERMITTED USE. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s sole cost and expense. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents and warrants that as of the commencement of the Term, the Premises shall comply with all applicable governmental laws, ordinances, rules and regulations; provided that Tenant shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereof.

NON-PERMITTED USE. Tenant Txxxxx agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord, provided Lxxxxxxx has notified Tenant in writing of any such insurance requirements. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, (i) Tenant shall in no event be obligated to perform or bear the cost of any work or repair of a capital or structural nature in connection with compliance with any laws applicable to the Premises unless required solely due to Tenant’s specific use of the Premises (as opposed to general office purposes); and (ii) Tenant shall not be required to correct any condition that does not comply with laws if such condition existed on or before the Commencement Date. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents and warrants that as of the commencement of the Term, the Premises shall comply with all applicable governmental laws, ordinances, rules and regulations; provided that Tenant shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereof.

NON-PERMITTED USE. A. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the Tenant's particular use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's particular use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and which shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents In connection with the foregoing provision, Tenant covenants and warrants agrees that as it shall not store, process, produce or dispose of the commencement any flammables, explosives, radioactive materials, ACM's, polychlorinated biphesyls (PCB's), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous waste, toxic substances, petroleum and petroleum products, chloraflora carbons (CFC's) and substances declared to be hazardous or toxic (collectively "Hazardous Substances") in violation of the Termany present or future federal, state or local environmental law, ordinance or regulation ("Environmental Laws") upon the Premises shall comply with all applicable governmental lawsor any part thereof without first obtaining Landlord's written consent, ordinanceswhich consent may be withheld or denied in Landlord's sole discretion, rules and regulations; provided that Tenant shall be solely responsible for compliance with lawsLandlord hereby consents to Hazardous Substances in small quantities as are typically used in as office building (such as, ordinancestoner, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereofcleaning fluids, etc.

NON-PERMITTED USE. A. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the Tenant’s particular use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s particular use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s sole cost and expense. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. In connection with the foregoing provision, Tenant covenants and agrees that it shall not store, process, produce or dispose of any flammables, explosives, radioactive materials, ACM’s, polychlorinated biphenyls (PCB’s), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous waste, toxic substances, petroleum and petroleum products, chloraflora carbons (CFC’s) and substances declared to be hazardous or toxic (collectively “Hazardous Substances”) in violation of any present or future federal, state or local environmental law, ordinance or regulation (“Environmental Laws”) upon the Premises or any part thereof without first obtaining Landlord’s written consent, which consent may be withheld or denied in Landlord’s sole discretion, provided that Landlord hereby consents to Hazardous Substances in small quantities as are typically used in an office building (such as, toner, cleaning fluids, etc.). Tenant agrees to indemnify and defend and hold Landlord harmless from and against all fines, suits, claims, actions, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) asserted against Landlord arising out of and in any way connected with Tenant’s failure to comply with its obligations of this Paragraph or arising from the consented to presence of Hazardous Substances (specifically including any diesel fuel), which indemnification shall survive the expiration of the termination of this Lease Agreement. B. Landlord represents and warrants that as it was not the owner of the commencement Building during construction, and makes no representations as to any Hazardous Substances but Landlord shall make available that certain Phase I Environmental Report prepared on behalf of the TermFDIC/RTC (“Environmental Report”) to Tenant. Landlord hereby covenants that if, at any time during the Term of the Lease. Agreement, as the same may be extended, “Hazardous Substances” are required to be removed, encapsulated or otherwise remediated by any legal governmental authority having jurisdiction over the Building, the Premises presence for which Landlord is the “responsible party” and Tenant is not a “responsible party” (as defined by Environmental Laws) then Landlord shall so remediate the same as so required, at Landlord’s sole cost and expense and not as a part of Operating Expenses. Landlord agrees to indemnify and defend and hold Tenant harmless from and against all fines, suits, claims, actions, damages, liabilities, costs and expenses (including attorneys’ fees) asserted by such governmental authorities against Tenant arising out of or in any way connected with Landlord’s failure to comply with all applicable governmental lawsits obligations in the preceding sentence, ordinances, rules and regulations; provided that Tenant which indemnification shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to survive the Premises because expiration or the termination of Tenant’s particular use thereofthis Lease Agreement.

NON-PERMITTED USE. A. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to that neither itself nor anyone under its control will commit or knowingly permit any act to be performed on the Premises by itself or anyone under its control nor will Tenant or anyone under its control commit or permit any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Landlord agrees that typical office use as is customary in the Minneapolis suburban market shall not be deemed in violation of the foregoing sentence. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense, provided the same arises out of Tenant's specific use (as opposed general office purposes). The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. B. Landlord represents that it was not the owner of the Building during construction, but to Landlord's actual knowledge [which is not based upon any outside investigation other than that certain Phase I Environmental Report prepared in connection with Landlord's acquisition of the Building ("ENVIRONMENTAL REPORT"), a copy of which shall be made available to Tenant] that the Building has no asbestos or asbestos containing materials ("ACM"). Landlord represents and warrants hereby covenants that as if, at any time during the Term of the commencement of Lease Agreement, as the Termsame may be extended, "Hazardous Substances" are required to be removed, encapsulated or otherwise remediated by any legal governmental authority having jurisdiction over the Building, the Premises presence for which Landlord is the "responsible party" and Tenant is not a "responsible party" (as defined by Environmental Laws) then Landlord shall so remediate the same as so required, at Landlord's sole cost and expense and not as a part of Operating Expenses. Landlord agrees to indemnify and defend and hold Tenant harmless from and against all fines, suites, claims, actions, damages, liabilities, costs and expenses (including attorneys' fees) asserted by such governmental authorities against Tenant arising out of or in any way connected with Landlord's failure to comply with all applicable its obligations in the preceding sentence, which indemnification shall survive the expiration or the termination of this Lease Agreement. C. Landlord warrants and represents that Landlord has not received any governmental orders, decrees, judgements or notices that the Building, and its use for office purposes, is in violation of or is otherwise not in compliance with any governmental laws, ordinancespolicies, rules ordinances and regulations; provided that Tenant shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to including Title III off the Premises because of Tenant’s particular use thereofAmericans With Disabilities Act.

NON-PERMITTED USE. A. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Landlord agrees that Tenant's use of the Premises as expressly permitted in this Lease Agreement will not increase the insurance rates on the Building or violate any insurance policy carried on the Building by Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the Tenant's particular use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's particular use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents In connection with the foregoing provision, Tenant covenants and warrants agrees that as it shall not store, process, produce or dispose of the commencement any flammables, explosives, radioactive materials, ACM's, polychlorinated biphenyls (PCB's), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous waste, toxic substances, petroleum and petroleum products, chloraflora carbons (CFC's) and substances declared to be hazardous or toxic (collectively "Hazardous Substances") in violation of the Termany present or future federal, state or local environmental law, ordinance or regulation ("Environmental Laws") upon the Premises shall comply with all applicable governmental lawsor any part thereof without first obtaining Landlord's written consent, ordinanceswhich consent may be withheld or denied in Landlord's sole discretion, rules and regulations; provided that Tenant shall be solely responsible for compliance with lawsLandlord hereby consents to Hazardous Substances in small quantities as are typically used in an office building (such as, ordinancestoner, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereof.cleaning fluids,

NON-PERMITTED USE. A. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the Tenant's particular use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's particular use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. The Tenant shall not disturb duster other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents In connection with the foregoing provision, Tenant covenants and warrants agrees that as it shall not store, process, produce or dispose of the commencement any flammables, explosives, radioactive materials, ACM's, polychlorinated biphenyls (PCB's), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous waste, toxic substances, petroleum and petroleum products, [ILLEGIBLE] carbons (CPC's) and substances declared to be hazardous or toxic (collectively "Hazardous Substances") in violation of the Termany present or future Federal, state or local environmental law, ordinance or regulation ("Environmental Laws") upon the Premises shall comply with all applicable governmental lawsor any part thereof without first obtaining Landlord's written consent, ordinanceswhich consent may be withheld or denied in Landlord's sole discretion, rules and regulations; provided that Tenant shall be solely responsible for compliance with lawsLandlord hereby consents to Hazardous substances in small quantities as are typically used in an office building (such as, ordinancestoner, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereofcleaning fluids, etc.

NON-PERMITTED USE. Tenant Xxxxxx agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord, provided Xxxxxxxx has notified Tenant in writing of any such insurance requirements. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s 's use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. Any provision of this Lease to the contrary notwithstanding, (i) Tenant shall in no event be obligated to perform or bear the cost of any work or repair of a capital or structural nature in connection with compliance with any laws applicable to the Premises unless required solely due to Tenant’s specific use of the Premises (as opposed to general office purposes); and (ii) Tenant shall not be required to correct any condition that does not comply with laws if such condition existed on or before the Commencement Date. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord represents and warrants that as of the commencement of the Term, the Premises shall comply with all applicable governmental laws, ordinances, rules and regulations; provided that Tenant shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to the Premises because of Tenant’s particular use thereof.

NON-PERMITTED USE. Tenant agrees to use the Premises only for the purposes set forth in Article 2 hereof. Tenant further agrees not to commit or knowingly permit any act to be performed on the Premises or any omission to occur which shall will be in violation of any statute, regulation regulation, or ordinance of any governmental body or which will increase the insurance rates on the Building or which will be in violation of any insurance policy carried on the Building by the Landlord. Tenant, at its expense, shall comply with all applicable governmental laws, ordinances, rules and regulations applicable to the Tenant's use of the Premises and its occupancy and shall promptly comply with all applicable governmental orders, rulings and directives for the correction, prevention and abatement of any violation upon, or in connection with the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s 's sole cost and expense. The Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise or otherwise and shall not do or permit to be done in or about the Premises anything which will be dangerous to life or limb. Landlord Tenant warrants and represents and warrants that it shall not nor shall it permit the storage, production, use or disposal of hazardous wastes or substances (as defined under Federal or State law) in or around the Premises, Building or Parking Areas, except for relatively small amounts of the commencement foregoing that are routinely and customarily used for office and cleaning purposes in compliance with applicable statutes and laws. Tenant's indemnification ion the next Article shall be deemed to include any breach of this representation and warranty. There shall be no sale of food or beverages by mobile facilities, by vending machine or equipment, or otherwise on the Premises without the written consent of Landlord. Tenant further agrees not to use or permit the use by its employees or visitors of the Term, Parking Areas for the Premises shall comply with all applicable governmental laws, ordinances, rules and regulations; provided that Tenant shall be solely responsible for compliance with laws, ordinances, rules and regulations that are applicable to the Premises because overnight storage of Tenant’s particular use thereofvehicles.