Common use of Observance of Law Clause in Contracts

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

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Observance of Law. The Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shallwill, at its sole cost expense and expensesubject to Section 8.2, upon Notice from Landlordpromptly: (a) comply with all provisions of law including, immediately discontinue any without limitation, all requirements of all governmental authorities, including federal, provincial and municipal legislative enactments, by-laws, police, fire and sanitary regulations (whether imposed by governmental authorities or fire insurance underwriters), and other regulations now or hereafter in force which pertain to or affect the Leased Premises, the Tenant's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, or other changes to the Leased Premises; (b) obtain all necessary permits, licenses and approvals relating to the use and occupancy of the Leased Premises and the conduct of business therein, including without limitation, those required under the Business Corporations Act (Ontario) and the Investment Canada Act (Canada); (c) carry out all modifications, alterations or changes of or to the Leased Premises and the Tenant's conduct of business in or use of the Leased Premises which is declared are required by any governmental authority having jurisdiction to be a violation of law or such authorities, as set out herein. Without limiting the generality of the Certificate of Occupancy. foregoing, the Tenant shall promptly complywill: (i) co-operate with the Landlord in, at its sole cost and expense, comply with all laws, statutesby-laws, ordinances regulations and governmental rulesorders relating to, the conservation of all forms of energy in and serving the Building and the Leased Premises; and (ii) at its own cost and expense comply with all reasonable requests and demands of the Landlord made with a view to such energy conservation. It is understood and agreed that: (1) any and all costs and expenses paid or incurred by the Landlord in installing energy conservation equipment and physical safety systems will be included in Operating Costs for the purposes of Section 3.5; and (2) the Landlord will not be liable to the Tenant in any way for any loss, costs, damages or expenses whether direct or consequential, paid, suffered or incurred by the Tenant due to any reduction in the services provided by the Landlord to the Tenant or to the Building, or any part thereof, as a result of the Landlord's compliance with such laws, by-laws, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forceorders.

Appears in 2 contracts

Samples: Office Lease (Adexa Inc), Office Lease (Adexa Inc)

Observance of Law. 33.1 Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises (other than the express permitted use hereunder) which will in violation of any declarations, covenant, condition or restriction, or way conflict with any law, statute, ordinance or governmental rules, regulations rule or requirements regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting Tenant’s manner of using or occupying the Premises, excluding structural changes not related to or affected by Tenant’s improvements or acts. Landlord shall be responsible for complying with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, the remainder of the Building. 33.2 Tenant covenants and agrees, at its sole cost and expense, to comply with all present and future laws, orders, and regulations of all state, federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash. Tenant shall sort and separate such waste products, garbage, refuse, and trash into such categories as provided by law. Each separately sorted category of waste products, garbage, refuse, and trash shall be placed in separate receptacles reasonably approved by Landlord. Such separate receptacles may, at Landlord’s option, be removed from the demised Premises in accordance with a collection schedule prescribed by law. 33.3 Landlord reserves the right to refuse to collect or accept from Tenant any waste products, garbage, refuse, or trash that is not separated and sorted as required by law. Tenant shall pay all costs, expenses, fines, penalties, or damages that may be imposed which shall on Landlord or Tenant by reason of Tenant’s Use or occupancy failure to comply with the provisions of the Premisesthis Section 33.3, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shalland, at Tenant’s sole cost and expense, bring shall indemnify, defend, and hold Landlord harmless (including reasonable legal fees and expenses) from and against any actions, claims, and suits arising from such noncompliance, utilizing counsel reasonably satisfactory to Landlord. 33.4 Landlord covenants that, as of the Premises into compliance Commencement Date, (i) the Building and the Building Common Areas (excluding the Premises), along with the parking garage for the Building shall comply with all such lawslaws and regulations, including the Americans With with Disabilities Act of 1990(“ADA”) and (ii) the equipment and Building systems serving the Premises and Building Common Areas shall be in good working order. Landlord shall comply with all laws and regulations, as amended (including the ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes applicable to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section Building Common Areas and parking garage throughout the Term, the cost of which shall be included in Operating Expenses, subject to the terms of limitations set forth in Section 12 hereof5.2(b). The judgment Landlord shall correct any latent defects promptly after Tenant notifies Landlord of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forcelatent defect.

Appears in 2 contracts

Samples: Office Building Lease, Office Building Lease (Avalara Inc)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 12. hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at a t its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s 's Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s 's Use or occupation. Further, Tenant shall, at Tenant’s 's sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s 's Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s 's employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 12. hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force.

Appears in 1 contract

Samples: Lease Agreement (Nve Corp /New/)

Observance of Law. The Tenant will, at its expense, and subject to Section 9.3: (i) comply with all provisions or changes of law and other requirements of all governmental bodies which pertain to or affect the Premises or require or govern the making of any repairs, alterations or other changes of or to the Premises or the Tenant's use of it; (ii) obtain all necessary permits, licences and approvals relating to the use of the Premises and the conduct of business therein; and (iii) comply with all reasonable directions given or regulations introduced by the Landlord or measures introduced by any governmental or quasi-governmental authority from time to time in the interest of energy conservation and to control Operating Costs whereby the Landlord may by the use of a pulse or other system turn out or reduce all lighting in the Premises by local switching for the Premises and reduce energy consumption in the Premises or in the Building. However, if the Tenant does not participate in such measures with respect to the Premises, the Tenant may be required to pay, as Additional Rent, for the additional energy consumed in the Premises as a result of its not participating in such measures. In addition, it is understood and agreed that any and all costs and expenses paid or incurred by the Landlord in installing energy conservation equipment and systems and safety or life support systems shall be included in Operating Costs. Notwithstanding the foregoing, the Tenant shall not use or occupy be responsible for any non-compliance of the Premises or permit anything with respect to be done in or about the Premises in violation requirements of any declarationslaws, covenantorders, condition or restrictionordinances, or lawrules and regulations of any governmental authority having jurisdiction and which exists on the date the Tenant takes possession of the Premises, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shalland the Landlord, at its sole cost and expense, upon Notice from Landlordshall promptly take all actions necessary and perform all work necessary to correct such non-compliance. In addition, immediately discontinue the Tenant shall not be responsible for making any use of repairs or improvements to the Premises which is declared may be required by any governmental authority having jurisdiction to be a violation of law or of the Certificate aforesaid bodies if the Tenant would not have to make such repairs or improvements pursuant to the other terms of Occupancy. Tenant shall promptly complythis Lease, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now unless such repairs or improvements are necessitated as a result of the Tenant's business operations in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon in which case the Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall will be subject to the terms of Section 12 hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forceresponsible.

Appears in 1 contract

Samples: Office Lease (Delano Technology Corp)

Observance of Law. The Tenant shall not use or occupy comply promptly with and conform to the Premises or permit anything to be done in or about the Premises in violation requirements of any declarationsall applicable statutes, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all by-laws, statuteslaws, regulations, ordinances and governmental rules, regulations orders from time to time or requirements now at any time in force during the Term and affecting the condition, maintenance, repair, use or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy occupation of the PremisesLeased Premises (or equipment therein) and with every applicable regulation, impose order and requirement of the Insurance Advisory Organization or any duty upon body having similar functions or of any liability or fire insurance company by which the Landlord and the Tenant or either of them may be insured at any time during the Term, and, in the event of the default of the Tenant under the provisions of this Section, the Landlord may itself comply with respect any such requirements as aforesaid and the Tenant will forthwith pay all costs and expenses incurred by the Landlord together with such further or other costs or fees pursuant to Tenant’s Use or occupation. Further, Section 12.05 of this Lease and the Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with agrees that all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, costs and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section expenses shall be subject to recoverable by the terms of Section 12 hereof)Landlord as if the same were Additional Rent reserved and in arrears under this Lease. The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, that the Leased Premises in its vacant state complies with all Applicable Laws without reference to the best Tenant’s improvements or alterations to the Leased Premises and without taking into account the Tenant’s particular use or activities within the Leased Premises. In fulfilling its obligations set out in Section 6.07 and Section 6.09 of its knowledge, without the requirement of further investigation, that as of the reference date hereofthis Lease, the Premises, Building or Project, including the Common Area, are in substantial compliance Landlord agrees that it shall comply with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, Applicable Laws without regard or reference to the Tenant’s Improvements or alterations to the Leased Premises and government rules, regulations without taking into account the Tenant’s particular use or requirements now in forceactivities within the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Navarre Corp /Mn/)

Observance of Law. The Tenant shall not use will, at its expense, and subject to Section 7.02: (a) comply with all provisions or occupy changes of Laws and other requirements of all governmental bodies which pertain to or affect the Leased Premises or permit anything to be done in require or about govern the Premises in violation making of any declarationsrepairs, covenantclean-ups, condition alterations or restrictionother changes of or to the Leased Premises or the Tenant’s use of it including promptly complying with all Laws, or law, statute, ordinance or governmental rules, regulations and directions regulating the use, generation, release, storage, transportation or requirements now disposal of any Contaminants; (b) obtain all necessary permits, licences and approvals relating to the use of the Leased Premises and the conduct of business therein, including, without limitation, those required under the applicable provincial or federal Business Corporations Act(s) and the Investment Canada Act (Canada); (c) comply with all reasonable directions given or regulations introduced by the Landlord or measures introduced by any Authority from time to time in force the interest of energy conservation or which may hereafter be enacted or promulgatedthe control of Operating Costs and Utilities; (d) comply with all present and future Laws regarding the collection, sorting, separation and recycling of waste products, garbage, refuse and trash. The Tenant shall, at its sole cost and expense, upon Notice sort and separate such waste products, garbage, refuse and trash into such categories as provided by law. Each separately sorted category of waste products, garbage, refuse and trash shall be placed in separate receptacles approved by the Landlord. Such separate receptacles may, at the Landlord’s option, be removed from the Leased Premises in accordance with a collection schedule prescribed by law. The Landlord reserves the right to refuse to collect or accept from the Tenant any waste products, garbage, refuse or trash that is not separated and sorted as required by law, and to require the Tenant to arrange for such collection at the Tenant’s expense, utilizing a contractor satisfactory to the Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. The Tenant shall promptly complypay all costs, at its sole cost and expenseexpenses, with all lawsfines, statutes, ordinances and governmental rules, regulations penalties or requirements now in force or which damages that may hereafter be imposed which shall on the Landlord or the Tenant by reason of the Tenant’s Use or occupancy failure to comply with provisions of this Section 5.03(d) and, at the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such lawsshall promptly indemnify, including the Americans With Disabilities Act of 1990, as amended defend (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes utilizing counsel satisfactory to the Premises required Landlord) and hold the Landlord harmless from and against all Claims arising from such non-compliance. (e) indemnify, defend (utilizing counsel satisfactory to accommodate TenantLandlord) and hold harmless the Landlord and Landlord’s respective officers, directors, beneficiaries, shareholders, partners, agents, employees with disabilities and all other Persons for whom the Landlord is in law responsible from all Claims (any work performed pursuant to this Section shall be subject to including, without limitation, (1) the terms costs of Section 12 hereof). The judgment defending or counterclaiming or claiming over against third parties in respect of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against matter, and (2) any cost, liability or damage arising out of a settlement of any action entered into by the Landlord with or without the consent of the Tenant) arising out of or in any way connected with any deposit, whether Landlord is a party thereto spill, discharge or notother release of any Contaminants that occurs during the term of this Lease, ‘that Tenant has violated any such lawat, statutein, ordinanceon, from, under or about the Leased Premises, or governmental regulation, rule or requirement in which arises at any time from the Tenant’s use or occupancy of the Leased Premises, Building or Project shall be conclusive of that fact as between Landlord and from the Tenant. Landlord hereby represents and warrants ’s failure to Tenantprovide all information, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with make all declarations, covenants, conditions, restrictions, laws, statutes, ordinancessubmissions, and government rules, regulations take all steps required by any Authority under the Laws and all other environmental laws. The Tenant’s obligations and liabilities under this sub-section 5.03(e) shall survive the expiration or requirements now in forceearlier termination of this Lease.

Appears in 1 contract

Samples: Office Lease (Whitney Information Network Inc)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s 's Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s 's Use or occupation. Further, Tenant shall, at Tenant’s 's sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Xxxxxx's Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s 's employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 12. hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Notwithstanding the foregoing, Tenant shall not be responsible for bringing into complance existing doors with the Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force's premises.

Appears in 1 contract

Samples: Lease Agreement (Sonus Networks Inc)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises Premises, which will in violation of anyway conflict with any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations rule or requirements regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason in force, and with the requirements of Tenant’s Use any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use of occupancy of or the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereof). The judgment of any court of competent jurisdiction or the admission by of Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, ordinance or governmental regulationrule, rule regulation or requirement in the use or occupancy of the Premisesrequirement, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants Tenant shall also, at its sole cost, promptly comply with the provisions of the recorded documents affecting the Premises insofar as the same relate to or affect the condition, use, occupational safety or occupancy of the Premises. Tenant, 's obligations pursuant to the best of its knowledgeforegoing shall include, without limitation, maintaining and restoring the requirement Premises and making structural and nonstructural alterations and additions in compliance in conformity with all laws and recorded documents relating to the condition, use, occupancy or occupational safety of further investigationthe Premises during the Lease Term; provided, however, that at Landlord's option, Landlord may make the required alteration, addition or change, and Tenant shall pay the cost thereof as additional rent. Any alternations or additions undertaken by Tenant pursuant to the foregoing shall be subject to the requirements of Article 12 of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forceLease.

Appears in 1 contract

Samples: Office Building Lease (Mediquik Services Inc)

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Observance of Law. Tenant shall not use or knowingly or recklessly occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 12. hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to TenantAs of the date of execution of this Lease, to the best of its Landlord’s knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are is in substantial compliance with all declarationsthe applicable local building codes and the Americans With Disabilities Act of 1990, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forceas amended (ADA).

Appears in 1 contract

Samples: Lease Agreement (Optelecom-Nkf, Inc.)

Observance of Law. Tenant 32.1 Tenants shall not use or occupy the Premises or permit anything to be done in or about the Premises which will in violation of any declarations, covenant, condition or restriction, or way conflict with any law, statute, ordinance or governmental rules, regulations rule or requirements regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason in force, and with the requirements of Tenant’s Use any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Premises, impose any duty upon Tenant excluding structural changes not related to or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered affected by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereof)improvements or acts. The judgment of any court of competent jurisdiction or the admission by of Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, ordinance or governmental regulationrule, rule regulation or requirement in the use or occupancy of the Premisesrequirement, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents . 32.2 Tenant covenants and warrants to Tenantagrees, at its sole cost and expense, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance comply with all declarations, covenants, conditions, restrictions, present and future laws, statutes, ordinancesorders, and government rulesregulations of all state, federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash. Tenant shall sort and separate such waste products, garbage, refuse, and trash into such categories as provided by law. Each separately sorted category of waste products, garbage, refuse, and trash shall be placed in separate receptacles reasonably approved by Landlord. Such separate receptacles may, at Landlord’s option, be removed from the demised Premises in accordance with a collection schedule prescribed by law. 32.3 Tenant shall pay all costs, expenses, fines, penalties, or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of applicable laws, orders, and regulations or requirements now in forceof all state, federal, municipal, and local governments with respect to recycling of waste products.

Appears in 1 contract

Samples: Office Building Lease (Realnetworks Inc)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring maintain the Premises into in compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 12. hereof). Notwithstanding the foregoing sentence to the contrary, Tenant shall not be responsible for any non-compliance with the ADA that exists on the Possession Date The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force.

Appears in 1 contract

Samples: Lease Agreement (Integrated Alarm Services Group Inc)

Observance of Law. Tenant shall not use do anything or occupy the Premises or permit suffer anything to be done in or about the Premises Premises, Building or the Project which will in violation of any declarations, covenant, condition or restriction, or way conflict with any law, statute, ordinance or other governmental rulesrule, regulations regulation or requirements requirement now in force or which may hereafter be enacted or promulgated, including, without limitation, those relating to hazardous materials and hazardous substances and handicapped access (collectively, "Applicable Laws"). Tenant shall, at its sole cost and expense, upon Notice from Landlordpromptly comply with any Applicable Laws which relate to (i) Tenant's specific use of the Premises, immediately discontinue (ii) any Leasehold Improvements made by Tenant to the Premises, or (iii) the Building Systems and Building Structure, but as to the Building Systems and Building Structure, only to the extent such obligations are triggered by Leasehold Improvements made by Tenant to the Premises, or Tenant's use of the Premises which is declared for non-typical general office use. Should any standard or regulation now or hereafter be imposed on Tenant by any governmental authority having jurisdiction to be a violation virtue of law its specific use, occupancy or improvement of the Certificate Premises by a state, federal or local governmental body charged with the establishment, regulation and enforcement of Occupancy. occupational, health or safety standards for employers, employees or tenants, then Tenant shall promptly complyagrees, at its sole cost and expense, to comply promptly with all laws, statutes, ordinances and governmental rules, regulations such standards or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereof)regulations. The judgment of any court of competent jurisdiction or the admission by of Tenant in any action or proceeding against Tenantjudicial action, regardless of whether Landlord is a party thereto or notthereto, that Tenant has violated any such lawof said Applicable Laws, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants shall comply with all other Applicable Laws relating to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Projectand Project (specifically excluding the Leasehold Improvements), including the Common Area, are in substantial provided that compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinancessuch Applicable Laws is not the responsibility of Tenant under this Lease, and government rulesprovided further that Landlord's failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Premises, regulations or requirements now would unreasonably and materially affect the safety of Tenant's employees or create a significant health hazard for Tenant's employees. Landlord shall be permitted to include in forceOperating Expenses any costs or expenses incurred by Landlord under this Article 33 to the extent consistent with the terms of Section 5.2 above.

Appears in 1 contract

Samples: Office Building Lease (Premiere Global Services, Inc.)

Observance of Law. The Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expenseexpense and, upon Notice from Landlordwhere applicable, immediately discontinue any in compliance with Sections 8.01 and 8.02 hereof, promptly observe and comply with all laws or requirements of all governmental authorities, including federal, provincial and municipal legislative enactments, by-laws and other regulations and all other authorities having jurisdiction, including fire insurance underwriters, now or hereafter in force which pertain to or affect the Leased Premises, the Tenant's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises. The Tenant shall carry out all modifications, alterations or changes of or to the Leased Premises and the Tenant's conduct of business in or use of the Leased Premises which is declared are required by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancysuch authorities. Tenant shall promptly complyTHE LANDLORD SHALL AT ITS SOLE COST AND EXPENSE, at its sole cost and expensePROMPTLY OBSERVE AND COMPLY WITH ALL LAWS OR REQUIREMENTS OF ALL GOVERNMENTAL AUTHORITIES, with all lawsINCLUDING FEDERAL, statutesPROVINCIAL AND MUNICIPAL LEGISLATIVE ENACTMENTS, ordinances and governmental rulesBY-LAWS AND OTHER REGULATIONS AND ALL OTHER AUTHORITIES HAVING JURISDICTION, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the PremisesINCLUDING FIRE INSURANCE UNDERWRITERS, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended NOW OR HEREAFTER IN FORCE WHICH PERTAIN TO OR AFFECT THE COMPLEX (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 hereofSAVE AND EXCEPT FOR THE LEASED PREMISES AND ANY SPACE IN THE COMPLEX WHICH IS LEASED TO OTHER TENANTS). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against TenantTHE LANDLORD SHALL CARRY OUT ALL MODIFICATIONS, whether Landlord is a party thereto or not, ‘that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building or Project shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in forceALTERATIONS OR CHANGES OF OR TO SUCH SPACE WHICH ARE REQUIRED BY ANY SUCH AUTHORITIES.

Appears in 1 contract

Samples: Office Lease Agreement (Daleen Technologies Inc)

Observance of Law. Tenant shall not use or occupy the Premises or permit anything to be done in or about the Premises in violation of any declarations, covenant, condition or restriction, or law, . statute, ordinance or governmental rules, regulations or requirements now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, upon Notice from Landlord, immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of law or of the Certificate of Occupancy. Tenant shall promptly comply, at its sole cost and expense, with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be imposed which shall by reason of Tenant’s Use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to Tenant’s Use or occupation. Further, Tenant shall, at Tenant’s sole cost and expense, bring the Premises into compliance with all such laws, including the Americans With Disabilities Act of 1990, as amended (ADA), whether or not the necessity for compliance is triggered by Tenant’s Use, and Tenant shall make, at its sole cost and expense, any changes to the Premises required to accommodate Tenant’s employees with disabilities (any work performed pursuant to this Section shall be subject to the terms of Section 12 15. hereof). The judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant, whether Landlord is a party thereto or not, that Tenant has violated any such law, statute, ordinance, or governmental regulation, rule or requirement in the use or occupancy of the Premises, Building Premises or Project Complex shall be conclusive of that fact as between Landlord and Tenant. Landlord hereby represents and warrants to Tenant, to the best of its knowledge, without the requirement of further investigation, that as of the reference date hereof, the Premises, Building or Project, including the Common Area, are in substantial compliance with all declarations, covenants, conditions, restrictions, laws, statutes, ordinances, and government rules, regulations or requirements now in force.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

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