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. 8.03 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: Indenture (Navarre Corp /Mn/)

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 (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: Letter Agreement (Mediquik Services 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.)

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 (Nve Corp /New/)

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 (Optelecom-Nkf, Inc.)

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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 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 (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.)

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