Common use of POSSESSION AND USE OF PREMISES Clause in Contracts

POSSESSION AND USE OF PREMISES. (a) Tenant shall be entitled to possession of the Premises when theLandlord Work is Substantially Complete. Provided however, before the LandlordWork is Substantially Complete Tenant may, with Landlord's prior writtenconsent, which will not unreasonably be withheld, enter the Premises solely forthe purpose of performing Tenant Work under the Workletter, installing Tenant'sfixtures and Tenant's personal property, including cabling for phones andcomputers, as long as such entry will not interfere with the timely and orderlyconstruction and completion of the Landlord Work. Tenant shall notify Landlordof its desired time(s) of entry and shall submit for Landlord's approval thescope of the work to be performed and the name(s) of the contractor(s) who willperform such work. Such work and such contractors shall be subject to Landlord'sapproval as provided in the Workletter. Such entry shall be without payment ofMonthly Base Rent or Rent Adjustments, but such entry and all acts and omissionsin connection with it are subject to and governed by all other provisions of theLease, including Tenant's indemnification obligations, insurance obligations andobligations under this Article Seven. Tenant shall occupy and use the Premisesonly for the uses specified in Section 1.01(15) to conduct Tenant's business.Tenant shall not occupy or use the Premises (or permit the use or occupancy ofthe Premises) for any purpose or in any manner which: (i) is unlawful or inviolation of any Law or Environmental Law; (ii) may be dangerous to persons orproperty or which may increase the cost of, or invalidate, any policy ofinsurance carried on the Building or covering its operations; (iii) is contraryto or prohibited by the terms and conditions of this Lease or the rules andregulations as provided in Article Eighteen; (iv) contrary to or prohibited bythe articles, bylaws or rules of any owner's association affecting the Project;(v) is improper, immoral, or objectionable; (vi) would obstruct or interferewith the rights of other tenants or occupants of the Project, or injure or annoythem, or would tend to create or continue a nuisance; or (vii) would constituteany waste in or upon the Premises or Project. No manufacturing operations may beconducted from the Premises. Without limiting the generality of the foregoing,Tenant shall not maintain, service, repair, fuel or refuel any truck or vehicleof any kind on the Premises or the Property, except that Tenant may take any ofthe actions described on Exhibit G hereto and by this reference incorporatedherein.

POSSESSION AND USE OF PREMISES. (a) The Tenant shall be entitled to will take possession of the Premises when theLandlord Work is Substantially Completeon the Commencement Date. Provided howeverThe Tenant will not use or permit the Premises or any part thereof to be used for any purpose other than for business offices and related uses. Without restricting the generality of the foregoing, before the LandlordWork is Substantially Complete Tenant maywill not carry on any business which because of the merchandise or services likely to be sold or the merchandising or pricing methods likely to be used would in the reasonable opinion of the Landlord tend to lower the character of the Building. The Premises will be used solely for the purpose of administrative and employment training offices and related uses, and will be operated continuously throughout the Term by the Tenant under the name DOMAIN HOLDINGS INC. (or such other name as the Landlord may approve in writing), in accordance with any rules and regulations for the Building as established by the Landlord from time to time. - 15 - If, with the permission of the Landlord's , the Tenant occupies the Premises or any part thereof prior writtenconsentto the Commencement Date, such occupancy will be deemed to be permissive at the will of the Landlord and in the absence of any other written agreement relating thereto will be governed by the provisions of this Lease including payment for use and occupation at the rate of Basic Rent and Additional Rent herein mentioned pro-rated on a daily basis. The Tenant shall not allow the Premises to be unoccupied or otherwise stop operating its normal course of business or otherwise "go dark" for a period of more than fourteen (14) days without the written permission of the Landlord. 4.4 No Nuisance, Overloading or Waste At no time during the Term will the Tenant carry on or permit or suffer to be carried on in the Premises or elsewhere in the Building anything which is noxious or offensive or which would constitute a public or private nuisance or which would annoy or disturb or cause nuisance or damage to the occupiers or owners of lands and premises adjoining or in the vicinity of the Premises or the Building. The Tenant will not permit any overloading of the floor of the Premises and will not place thereon any heavy object without the prior written consent of the Landlord. The Tenant will not cause any waste or damage to the Premises. 4.5 No Hazardous Substances The Tenant will not locate, create or store in the Premises, the Building or the Lands and will not permit any of its agents, employees, suppliers, customers, invitees, sub-tenants, licensees or any other person having business with or under the control of the Tenant to locate, create or store on the Premises, the Building or the Lands any Hazardous Substance. A "Hazardous Substance" shall include, without limitation, any solid, liquid, smoke, waste, odour, heat, vibration, radiation, or combination thereof, which will not unreasonably is deemed, classed or found to affect the natural, physical, chemical or biological quality of the environment, or which is or is likely to be withheldinjurious to the health or safety of persons, enter the Premises solely forthe purpose of performing Tenant Work under the Workletter, installing Tenant'sfixtures and Tenant's personal or which is injurious or damaging to property, including cabling for phones andcomputersplant or animal life, as long as such entry will not or which interferes with or is likely to interfere with the timely and orderlyconstruction and completion comfort, livelihood or enjoyment of the Landlord Work. Tenant shall notify Landlordof its desired time(s) of entry and shall submit for Landlord's approval thescope of the work life by a person, or which is declared to be performed and hazardous or toxic under any law or regulation now or hereinafter enacted or promulgated by a governmental authority having jurisdiction over the name(s) of Landlord, the contractor(s) who willperform such work. Such work and such contractors shall be subject to Landlord'sapproval as provided in the Workletter. Such entry shall be without payment ofMonthly Base Rent or Rent Adjustments, but such entry and all acts and omissionsin connection with it are subject to and governed by all other provisions of theLease, including Tenant's indemnification obligations, insurance obligations andobligations under this Article Seven. Tenant shall occupy and use the Premisesonly for the uses specified in Section 1.01(15) to conduct Tenant's business.Tenant shall not occupy or use the Premises (or permit the use or occupancy ofthe Premises) for any purpose or in any manner which: (i) is unlawful or inviolation of any Law or Environmental Law; (ii) may be dangerous to persons orproperty or which may increase the cost of, or invalidate, any policy ofinsurance carried on the Building or covering its operations; (iii) is contraryto or prohibited by the terms and conditions of this Lease or the rules andregulations as provided in Article Eighteen; (iv) contrary to or prohibited bythe articlesPremises, bylaws or rules of any owner's association affecting the Project;(v) is improper, immoral, or objectionable; (vi) would obstruct or interferewith the rights of other tenants or occupants of the Project, or injure or annoythem, or would tend to create or continue a nuisance; or (vii) would constituteany waste in or upon the Premises or Project. No manufacturing operations may beconducted from the Premises. Without and without limiting the generality of the foregoing,foregoing shall include any dangerous, noxious, toxic, flammable or explosive substance, radioactive material, asbestos or PCB�s. If the Tenant shall not maintainis in breach of the foregoing prohibition regarding the location, servicecreation or storage of Hazardous Substances, repairthe Landlord, fuel in addition to all other remedies it has under this Lease, may require the Tenant, at the Tenant's costs to cause such Hazardous Substances to be removed and to cause the Premises, the Building or refuel the Lands, as the case may be, to be properly restored and repaired all in accordance with any truck applicable laws, bylaws, rules, regulations or vehicleof any kind orders. Alternatively, at its option, the Landlord may cause such hazardous substances to be removed and may repair and restore the Premises, the Building or the Lands, as the case may be, and may cause its employees or agents to enter on the Premises for such purpose. Should the Landlord undertake such removal, repair or restoration, the PropertyTenant shall forthwith pay to the Landlord the total cost of such removal, except that repair or restoration plus a fee equal to ten percent (10%) of such cost and the total of such fee and costs shall, until paid to the Landlord, bear interest at the rate stipulated herein for amounts in arrears and shall be - 16 - recoverable as Additional Rent reserved hereunder. The Tenant may take any ofthe actions described hereby indemnifies and holds the Landlord harmless from and against all loss, cost, damage and expense (including, without limitation, legal fees on Exhibit G hereto a solicitor and by this reference incorporatedherein.own client basis and costs incurred in the investigation, defense and settlement of claims) that

POSSESSION AND USE OF PREMISES. (a) Tenant shall be entitled to possession of the Premises when theLandlord the Landlord Work is Substantially Complete. Provided however, before the LandlordWork Landlord Work is Substantially Complete Tenant may, with Landlord's prior writtenconsentwritten consent, which will not unreasonably be withheld, enter the Premises solely forthe for the purpose of performing Tenant Work under the Workletter, installing Tenant'sfixtures Tenant's fixtures and Tenant's personal property, including cabling for phones andcomputersand computers, as long as such entry will not interfere with the timely and orderlyconstruction orderly construction and completion of the Landlord Work. Tenant shall notify Landlordof Landlord of its desired time(s) of entry and shall submit for Landlord's approval thescope the scope of the work to be performed and the name(s) of the contractor(s) who willperform will perform such work. Such work and such contractors shall be subject to Landlord'sapproval Landlord's approval as provided in the Workletter. Such entry shall be without payment ofMonthly of Monthly Base Rent or Rent Adjustments, but such entry and all acts and omissionsin omissions in connection with it are subject to and governed by all other provisions of theLeasethe Lease, including Tenant's indemnification obligations, insurance obligations andobligations and obligations under this Article Seven. Tenant shall occupy and use the Premisesonly Premises only for the uses specified in Section 1.01(15) to conduct Tenant's business.. Tenant shall not occupy or use the Premises (or permit the use or occupancy ofthe of the Premises) for any purpose or in any manner which: (i) is unlawful or inviolation in violation of any Law or Environmental Law; (ii) may be dangerous to persons orproperty or property or which may increase the cost of, or invalidate, any policy ofinsurance of insurance carried on the Building or covering its operations; (iii) is contraryto contrary to or prohibited by the terms and conditions of this Lease or the rules andregulations and regulations as provided in Article Eighteen; (iv) contrary to or prohibited bythe by the articles, bylaws or rules of any owner's association affecting the Project;(vProject; (v) is improper, immoral, or objectionable; (vi) would obstruct or interferewith interfere with the rights of other tenants or occupants of the Project, or injure or annoythemannoy them, or would tend to create or continue a nuisance; or (vii) would constituteany constitute any waste in or upon the Premises or Project. No manufacturing operations may beconducted be conducted from the Premises. Without limiting the generality of the foregoing,, Tenant shall not maintain, service, repair, fuel or refuel any truck or vehicleof vehicle of any kind on the Premises or the Property, except that Tenant may take any ofthe of the actions described on Exhibit G hereto and by this reference incorporatedhereinincorporated herein.

POSSESSION AND USE OF PREMISES. (a) The Tenant shall be entitled to will take possession of the Premises when theLandlord Work is Substantially Completeon the Commencement Date. Provided however, before the LandlordWork is Substantially Complete The Tenant may, with Landlord's prior writtenconsent, which will not unreasonably be withheld, enter the Premises solely forthe purpose of performing Tenant Work under the Workletter, installing Tenant'sfixtures and Tenant's personal property, including cabling for phones andcomputers, as long as such entry will not interfere with the timely and orderlyconstruction and completion of the Landlord Work. Tenant shall notify Landlordof its desired time(s) of entry and shall submit for Landlord's approval thescope of the work to be performed and the name(s) of the contractor(s) who willperform such work. Such work and such contractors shall be subject to Landlord'sapproval as provided in the Workletter. Such entry shall be without payment ofMonthly Base Rent or Rent Adjustments, but such entry and all acts and omissionsin connection with it are subject to and governed by all other provisions of theLease, including Tenant's indemnification obligations, insurance obligations andobligations under this Article Seven. Tenant shall occupy and use the Premisesonly for the uses specified in Section 1.01(15) to conduct Tenant's business.Tenant shall not occupy or use the Premises (or permit the use Premises or occupancy ofthe Premises) any part thereof to be used for any purpose or in any manner which: (i) is unlawful or inviolation of any Law or Environmental Law; (ii) may be dangerous to persons orproperty or which may increase the cost of, or invalidate, any policy ofinsurance carried on the Building or covering its operations; (iii) is contraryto or prohibited by the terms other than for business offices and conditions of this Lease or the rules andregulations as provided in Article Eighteen; (iv) contrary to or prohibited bythe articles, bylaws or rules of any owner's association affecting the Project;(v) is improper, immoral, or objectionable; (vi) would obstruct or interferewith the rights of other tenants or occupants of the Project, or injure or annoythem, or would tend to create or continue a nuisance; or (vii) would constituteany waste in or upon the Premises or Project. No manufacturing operations may beconducted from the Premisesrelated uses. Without limiting restricting the generality of the foregoing,, the Tenant will not carry on any business which because of the merchandise or services likely to be sold or the merchandising or pricing methods likely to be used would in the reasonable opinion of the Landlord tend to lower the character of the Building. The Premises will be used solely for the purpose of administrative and employment training offices and related uses, and will be operated continuously throughout the Term by the Tenant under the name DOMAIN HOLDINGS INC. (or such other name as the Landlord may approve in writing), in accordance with any rules and regulations for the Building as established by the Landlord from time to time. If, with the permission of the Landlord, the Tenant occupies the Premises or any part thereof prior to the Commencement Date, such occupancy will be deemed to be permissive at the will of the Landlord and in the absence of any other written agreement relating thereto will be governed by the provisions of this Lease including payment for use and occupation at the rate of Basic Rent and Additional Rent herein mentioned pro-rated on a daily basis. The Tenant shall not maintain, service, repair, fuel or refuel any truck or vehicleof any kind on allow the Premises to be unoccupied or otherwise stop operating its normal course of business or otherwise “go dark” for a period of more than fourteen (14) days without the Property, except that Tenant may take any ofthe actions described on Exhibit G hereto and by this reference incorporatedhereinwritten permission of the Landlord.