Common use of Prohibited Uses Clause in Contracts

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 4 contracts

Samples: Lease Agreement, Lease Agreement, Summit Financial Services Group Inc

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Prohibited Uses. Notwithstanding anything The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for: (1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof, (iii) intentionally omitted; (iv) schools or other training facilities which are not ancillary to the contrary corporate, executive or professional office use; (v) retail or restaurant uses (except as otherwise set forth in this Lease Lease); (vi) communications firms such as radio and/or television stations, or the BLI Rider, including but (vii) an executive suites subleasing business or operation. Tenant shall not limited to, the “Use allow occupancy density of Premises” Section use of the BLI Rider, Premises which is greater than one person per one hundred fifty (150) rentable square feet of the Premises. Tenant hereby represents, warrants further covenants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereofuse, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to be usedthe provisions of the Rules and Regulations set forth in Exhibit D, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee loungeattached hereto, as a restaurant or bar or for the sale same may be amended by Landlord from time to time so long as such amendments are commercially reasonable and Landlord provides written notice of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of such amendments to Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for in violation of the business of (a) operating a shared office facilitylaws, that isstatutes, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc.regulations, or (b) for a fee to persons inside other rules or outside requirements of the BuildingUnited States of America, providing as a service word processingthe State of Utah, secretarialor the ordinances, video conferencingrules, conference services, telephone answering, receptionist regulations or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part requirements of the Premises for photographiclocal municipal or county governing body or other lawful authorities having jurisdiction over the Project, multilith including, without limitation, any such laws, ordinances, regulations or multigraph reproductions requirements relating to the extent that such uses are incidental Hazardous Materials (as defined below) or to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (collectively, the ADALaws) and, notwithstanding ). Tenant shall not do or permit anything to be done in this Lease to or about the contrary, no use Premises which will in any way damage the reputation of the Premises during Project or obstruct or interfere with the Lease Termrights of other tenants or occupants of the Building or the Other Buildings, shall be made that would cause or injure them or use or allow the Premises to be a “place of public accommodation” under used for any unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the ADA and all similar present or future laws, together Premises. Tenant shall comply with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADArecorded covenants, conditions, and assumes responsibility to cure any defaults that result in violations of restrictions now or hereafter affecting the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.Project. 5.3

Appears in 4 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Prohibited Uses. Notwithstanding anything The Mark cannot be used on, or to describe products, including the contrary packaging for such products, in this Lease any manner that implies the product itself is subject to or within the scope of R2 Certification. Applicant may not use the Mark in any way that relates to non-certified activities or facilities, or that might otherwise cause confusion as to which of Applicant’s facilities and/or activities are within the scope of Applicant’s R2 Certification. By way of example of the foregoing, the Xxxx xxx only be displayed in conjunction with those of Applicant’s facilities which are R2 Certified facilities, and may not be displayed on corporate websites or other media in a manner that is not specific and limited to those of Applicant’s facilities (or activities) which are within the scope of Applicant’s R2 Certification. Applicant may not use the Mark in any other way not permitted by SERI, including the following prohibited uses: (a) Applicant may not alter, cut apart or otherwise distort the Mark in perspective or appearance, such as varying the spelling, adding hyphens, changing the visual design aspect of the Mark, except as to remove the words “responsible recycling”, vary the size of the Mark, or the BLI Rideruse of black and white instead of color; (b) Applicant may not combine the Mark with, including within, or in conjunction with, any other material, words, phrases or designs without the prior written permission of SERI; (c) Applicant may not change the configuration or proportion of any artwork; (d) Applicant may not translate the Mark into other languages; (e) Applicant may not use the Mark in any manner not permitted by the Agreement, such as using the Mark as part of or incorporated in the name of a business, URL, social media handle, sponsored link/ad keyword or any other key word search term (e.g., Applicant cannot register, without SERI ’s approval, a domain name such as “xxx.x0xxxxxxxx.xxx” or the like); (f) Applicant may not use the Mark on promotional items, such as t- shirts, coffee mugs, or similar merchandise without SERI’s prior written permission; and (g) Applicant may not use the Mark in any manner or for any purpose that conflicts with the Agreement. Notwithstanding the foregoing, SERI may periodically develop composite logo designs around its Mark and may, at its sole discretion, make them available under the terms of this Agreement. Any use of the Mark is prohibited, and all Marks must be removed, following any suspension, expiration, or withdrawal of R2 Certification(s), including, but not limited to, website usage, email signatures, printed marketing, business cards, and so on. Except as may be provided in the Agreement or by SERI’s written consent, usage of the Mark cannot be delegated, transferred, or assigned to any other party, nor utilized by any affiliate(s) of Applicant. Appendix C: Mark and Guidelines for Use (R2v3) The Mark: The Xxxx xxx be amended by SERI from time to time, e.g., to include new or revised composite marks built around the licensed Mark. This Appendix C provides usage guidelines for the above-displayed design Mark and any associated logos or composite marks of SERI formed around such Mark which may be supplied to Applicant and as amended by SERI periodically, pursuant to the SERI License Agreement for R2 Certification (the “Use of Premises” Section of the BLI RiderAgreement”). This Appendix C provides guidelines only, Tenant hereby represents, warrants and agrees that Tenant’s business is not intended to replace the terms and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, (i) conditions for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except License granted to Applicant by SERI in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for Agreement. which is in all respects hereby affirmed. Capitalized terms herein shall have the preparation, dispensing or consumption of food or beverages meaning used in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etcAgreement., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 2 contracts

Samples: Seri License Agreement, Seri License Agreement

Prohibited Uses. Notwithstanding anything The Mark cannot be used on, or to the contrary in this Lease or the BLI Riderdescribe products, including but not limited tothe packaging for such products, in any manner that implies the “Use product itself is subject to or within the scope of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall R2 Certification. Applicant may not use the Premises Mark in any way that relates to non- certified activities or any part thereoffacilities, or permit that might otherwise cause confusion as to which of Applicant’s facilities and/or activities are within the Premises scope of Applicant’s R2 Certification. By way of example of the foregoing, the Xxxx xxx only be displayed in conjunction with those of Applicant’s facilities which are R2 Certified facilities, and may not be displayed on corporate websites or other media in a manner that is not specific and limited to those of Applicant’s facilities (or activities) which are within the scope of Applicant’s R2 Certification. Applicant may not use the Mark in any part thereof other way not permitted by SERI, including the following prohibited uses: (a) Applicant may not alter, cut apart or otherwise distort the Mark in perspective or appearance, such as varying the spelling, adding hyphens, changing the visual design aspect of the Mark, except as to be usedremove the words “Certified”, (i) for vary the business size of photographicthe Mark, multilith or multigraph reproductions or offset printingthe use of black and white instead of color; (iib) [intentionally deleted]Applicant may not combine the Mark with, within, or in conjunction with, any other material, words, phrases or designs without the prior written permission of SERI; (iiic) [intentionally deleted], Applicant may not change the configuration or proportion of any artwork; (ivd) [intentionally deleted], Applicant may not translate the Mark into other languages; (ve) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for Applicant may not use the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages Mark in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for not permitted by the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basisAgreement, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of using the Building, providing Mark as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of or incorporated in the Premises for photographicname of a business, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) andURL, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.social media

Appears in 2 contracts

Samples: Seri License Agreement, Seri License Agreement

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, In no event shall Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith any retail sales activity or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use for any of the Premises made by Tenant is not following noxious uses: (i) a use deemed as “second hand or surplus store; (ii) a mobile home park or trailer court; (iii) a fire, bankruptcy or auction sale; (iv) a laundry or dry cleaning operation; (v) automobile, truck, R.V. sales, leasing, display or repair; (vi) mortuary; (vii) any center for medical procedures, counseling or activities related to abortion, birth control or euthanasia; (viii) any establishment selling or exhibiting pornographic materials; (ix) an auto parts store or gas station; (x) any church, synagogue, mosque, temple or other place of public accommodationworship; (xi) a “headunder shop or any establishment displaying or selling drug paraphernalia; (xii) a massage parlor, topless bar or club or restaurant which provides striptease entertainment; (xiii) a landfill, garbage dump or for the Americans with Disabilities Act dumping, disposal, incineration or storage of 1990 garbage or any business storing or handling hazardous materials except in the course of a Permitted Use; (“ADA”xiv) and, notwithstanding any carnival or amusement park; (xv) a temporary placement service; (xvi) a drug or alcohol recovery or treatment facility; (xvii) a school or trade school; or (xviii) an off track betting facility or betting club or any other type of gambling establishment. Tenant shall not do or permit anything to be done in this Lease to the contrary, no use of or about the Premises during that will in any way cause a nuisance, obstruct or interfere with the Lease Termrights of neighbors or injure or annoy them. Tenant shall not use the Premises, shall be made that would cause nor allow the Premises to be a “place used, for any purpose or in any manner that would invalidate any policy of public accommodation” under insurance now or hereafter carried on the ADA Building or the Premises. Landlord may promulgate and all similar present modify from time to time rules and regulations for the safety, care or future laws, together with all regulations promulgated under any cleanliness of the laws. Landlord covenants that the Building Premises which shall be complied with by Tenant and Premises are currently in compliance with the ADAits employees, agents, visitors and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premisesinvitees.

Appears in 2 contracts

Samples: Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)

Prohibited Uses. (a) Notwithstanding anything to the contrary in any other provision of this Lease or the BLI RiderLease, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or the Building, or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof to be used, by any of the Tenant Parties (i) for in a manner which violates any of the business covenants, agreements, terms, provisions and conditions of photographic, multilith or multigraph reproductions or offset printingthis Lease; (ii) [intentionally deleted], for any unlawful purposes or in any unlawful manner; (iii) [intentionally deleted]which, in the reasonable good faith judgment of Landlord (taking into account the use of the Building as a combination laboratory, research and development and office building and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services, or the use of any of the Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any other tenants or occupants of the Building or their property; or (d) cause harmful air emissions, laboratory odors or noises or any unusual or other objectionable odors, noises or emissions to emanate from the Premises taking into account the use of the Building as a combination laboratory, research and development and office building and the Permitted Uses); (iv) [intentionally deleted]in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development and laboratory facility; (v) [intentionally deletedomitted], ; or (vi) except in connection with an employee lounge, as a restaurant manner which shall increase such insurance rates on the Building or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, on property located therein over that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude applicable when Tenant from using any part first took occupancy of the Premises for photographichereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to time. From and after the Execution Date, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything Landlord shall include substantially similar provisions in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that other leases at the Building and Premises are currently shall not enforce such provisions in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premisesa discriminatory manner.

Appears in 2 contracts

Samples: Indenture of Lease (uniQure B.V.), Indenture of Lease (uniQure B.V.)

Prohibited Uses. Notwithstanding anything The Xxxx cannot be used on, or to describe products, including the contrary packaging for such products, in this Lease any manner that implies the product itself is subject to or within the scope of R2 Certification. Applicant may not use the Xxxx in any way that relates to non-certified activities or facilities, or that might otherwise cause confusion as to which of Applicant’s facilities and/or activities are within the scope of Applicant’s R2 Certification. By way of example of the foregoing, the Xxxx xxx only be displayed in conjunction with those of Applicant’s facilities which are R2 Certified facilities, and may not be displayed on corporate websites or other media in a manner that is not specific and limited to those of Applicant’s facilities (or activities) which are within the scope of Applicant’s R2 Certification. Applicant may not use the Xxxx in any other way not permitted by SERI, including the following prohibited uses: (a) Applicant may not alter, cut apart or otherwise distort the Xxxx in perspective or appearance, such as varying the spelling, adding hyphens, changing the visual design aspect of the Xxxx, except as to remove the words “responsible recycling”, vary the size of the Xxxx, or the BLI Rideruse of black and white instead of color; (b) Applicant may not combine the Xxxx with, including within, or in conjunction with, any other material, words, phrases or designs without the prior written permission of SERI; (c) Applicant may not change the configuration or proportion of any artwork; (d) Applicant may not translate the Xxxx into other languages; (e) Applicant may not use the Xxxx in any manner not permitted by the Agreement, such as using the Xxxx as part of or incorporated in the name of a business, URL, social media handle, sponsored link/ad keyword or any other key word search term (e.g., Applicant cannot register, without SERI ’s approval, a domain name such as “xxx.x0xxxxxxxx.xxx” or the like); (f) Applicant may not use the Xxxx on promotional items, such as t- shirts, coffee mugs, or similar merchandise without SERI’s prior written permission; and (g) Applicant may not use the Xxxx in any manner or for any purpose that conflicts with the Agreement. Notwithstanding the foregoing, SERI may periodically develop composite logo designs around its Xxxx and may, at its sole discretion, make them available under the terms of this Agreement. Any use of the Xxxx is prohibited, and all Marks must be removed, following any suspension, expiration, or withdrawal of R2 Certification(s), including, but not limited to, website usage, email signatures, printed marketing, business cards, and so on. Except as may be provided in the Agreement or by SERI’s written consent, usage of the Xxxx cannot be delegated, transferred, or assigned to any other party, nor utilized by any affiliate(s) of Applicant. Appendix C: Xxxx and Guidelines for Use (R2v3) The Xxxx: The Xxxx xxx be amended by SERI from time to time, e.g., to include new or revised composite marks built around the licensed Xxxx. This Appendix C provides usage guidelines for the above-displayed design Xxxx and any associated logos or composite marks of SERI formed around such Xxxx which may be supplied to Applicant and as amended by SERI periodically, pursuant to the SERI License Agreement for R2 Certification (the “Use of Premises” Section of the BLI RiderAgreement”). This Appendix C provides guidelines only, Tenant hereby represents, warrants and agrees that Tenant’s business is not intended to replace the terms and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, (i) conditions for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except License granted to Applicant by SERI in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for Agreement. which is in all respects hereby affirmed. Capitalized terms herein shall have the preparation, dispensing or consumption of food or beverages meaning used in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etcAgreement., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 2 contracts

Samples: Seri License Agreement, Seri License Agreement

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, In no event shall Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith any retail sales activity or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use for any of the Premises made by Tenant is not following noxious uses: (i) a use deemed as “second hand or surplus store; (ii) a mobile home park or trailer court; (iii) a fire, bankruptcy or auction sale; (iv) a laundry or dry cleaning operation; (v) automobile, truck, R.V. sales, leasing, display or repair; (vi) mortuary; (vii) any center for medical procedures, counseling or activities related to abortion, birth control or euthanasia; (viii) any establishment selling or exhibiting pornographic materials; (ix) an auto parts store or gas station; (x) any church, synagogue, mosque, temple or other place of public accommodationworship; (xi) a “headunder shop or any establishment displaying or selling drug paraphernalia; (xii) a massage parlor, topless bar or club or restaurant which provides striptease entertainment; (xiii) a landfill, garbage dump or for the Americans with Disabilities Act dumping, disposal, incineration or storage of 1990 garbage or any business storing or handling hazardous materials; (“ADA”xiv) and, notwithstanding any carnival or amusement park; (xv) a temporary placement service; (xvi) a drug or alcohol recovery or treatment facility; (xvii) a school or trade school; or (xviii) an off track betting facility or betting club or any other type of gambling establishment. Tenant shall not do or permit anything to be done in this Lease to the contrary, no use of or about the Premises during that will in any way cause a nuisance, obstruct or interfere with the Lease Termrights of neighbors or injure or annoy them. Tenant shall not use the Premises, shall be made that would cause nor allow the Premises to be a “place used, for any purpose or in any manner that would invalidate any policy of public accommodation” under insurance now or hereafter carried on the ADA Building or the Premises. Landlord may promulgate and all similar present modify from time to time rules and regulations for the safety, care or future laws, together with all regulations promulgated under any cleanliness of the laws. Landlord covenants that the Building Premises which shall be complied with by Tenant and Premises are currently in compliance with the ADAits employees, agents, visitors and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premisesinvitees.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Medpace Holdings, Inc.)

Prohibited Uses. It is agreed that the Premises shall not be used for any of the following uses, and LESSOR'S consent to such uses will not be provided a bar, night club, lounge, dance hall, discotheque, teenager gathering place, massage parlor, adult book store, or similar business catering to pornographic interests, establishments engaged in the business of selling, distributing, displaying, or offering for sale, xxxxx clips, water pipes, bongs, coke spoons, hypodermic syringes or other paraphernalia commonly used in the use of or ingestion of illicit drugs (including, without limitations, a so-called “head shop”), bowling alley, kiosk business, firearms shooting range, bingo hall, theatre, funeral parlor, flea market, amusement or video arcade, pool or billiard hall, pawn shop, gun shop, tattoo parlor, car wash, automobile repair shop, or any business servicing motor vehicles in any respect, including, without limitation, any quick lube oil change service, tire center or gasoline or service station or facility, any carnival, amusement park or circus, hotel/motel, area for commuter parking, any use which involves the sale or display of merchandise generally offensive to the public, or any use which will in any way increase the existing rate of or affect any fire or extended coverage insurance policy upon the building of which the Premises are a part, or cause a cancellation of any insurance policy covering the building of which the Premises are a part. The foregoing list shall not be interpreted as a limitation or restriction of LESSOR'S discretion in its decision on consent to uses of the Premises by LESSEE. Notwithstanding the foregoing or anything else to the contrary contained in this Lease or the BLI Riderlease, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business LESSEE is not and shall not be, and that Tenant shall not use prohibited from using the Premises or any part thereof, or permit the Premises or any part portion thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale or distribution of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for alcoholic beverages without the preparation, dispensing or consumption prior written consent of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) LESSOR. Adequate liquor liability insurance with LESSOR as an employment agencyadditional insured shall be a prerequisite, labor union officealthough not the only precondition, physician’s to LESSOR'S consent. LESSEE shall not conduct sidewalk sales, tent sales, auction sales, warehouse sales or dentist’s office, dance or music studio, school (except for fire sales at the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salonPremises, or (x) for in the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etcCommon Facilities., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 1 contract

Samples: Business Property Lease (Nuvectra Corp)

Prohibited Uses. (a) Notwithstanding anything to the contrary in any other provision of this Lease or the BLI RiderLease, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or the Building, or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof to be used, by any of the Tenant Parties (i) for in a manner which violates any of the business covenants, agreements, terms, provisions and conditions of photographic, multilith or multigraph reproductions or offset printingthis Lease; (ii) [intentionally deleted], for any unlawful purposes or in any unlawful manner; (iii) [intentionally deleted]which, in the reasonable good faith judgment of Landlord (taking into account the use of the Building as a combination laboratory, research and development, GMP manufacturing, and office building and the Permitted Uses) shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services, or the use of any of the Common Areas; (c) occasion discomfort, inconvenience or annoyance in any material respect, or cause any injury or damage to any other tenants or occupants of the Building or their property; or (d) cause harmful air emissions, laboratory odors or noises or any unusual or other objectionable odors, noises or emissions to emanate from the Premises taking into account the use of the Building as a combination laboratory, research and development, GMP manufacturing, and office building and the Permitted Uses); (iv) [intentionally deleted]in a manner which is materially inconsistent with the operation and/or maintenance of the Building as a first-class combination office, research, development, GMP manufacturing, and laboratory facility; (v) [intentionally deletedomitted], ; or (vi) except in connection with an employee lounge, as a restaurant manner which shall increase such insurance rates on the Building or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, on property located therein over that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude applicable when Tenant from using any part first took occupancy of the Premises for photographichereunder unless Tenant pays such increase within thirty (30) days after demand therefor from time to time. From and after the Execution Date, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything Landlord shall include substantially similar provisions in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that other leases at the Building and Premises are currently shall not enforce such provisions in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premisesa discriminatory manner.

Appears in 1 contract

Samples: Indenture of Lease (Replimune Group, Inc.)

Prohibited Uses. (a) Notwithstanding anything to the contrary in any other provision of this Lease or the BLI RiderLease, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or the Building, or any part thereof, or suffer or permit the use or occupancy of the Premises or the Building or any part thereof to be used, by any of the Tenant Parties (hereinafter defined) (i) for in a manner which would violate any of the business covenants, agreements, terms, provisions and conditions of photographic, multilith this Lease or multigraph reproductions otherwise applicable to or offset printingbinding upon the Premises; (ii) [intentionally deleted], for any unlawful purposes or in any unlawful manner; (iii) [intentionally deleted]in a manner which, in the reasonable judgment of Landlord shall (a) impair the appearance or reputation of the Building; (b) impair, interfere with or otherwise diminish the quality of any of the Building services or the proper and economic heating, cleaning, ventilating, air conditioning or other servicing of the Building or Premises; or (c) cause harmful air emissions or any unusual or other objectionable odors, noises or emissions to emanate from the Premises; (iv) [intentionally deleted], in a manner which is inconsistent with the operation and/or maintenance of the Building as a first-class office and laboratory building; (v) [intentionally deleted], for any fermentation processes except in the ordinary course of Tenant’s business and then only if adequately vented in Landlord’s reasonable judgment (it being understood and agreed that in no event shall there be fermentation for the purpose of creating alcoholic beverages for human consumption); (vi) except to operate a vivarium in excess of 3,500 square feet; or (vii) in a manner which shall increase such insurance rates on the Building or on property located therein over that applicable when Tenant first took occupancy of the Premises hereunder. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for all liabilities, costs and expenses arising from or in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part compliance of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under with the Americans with Disabilities Act of 1990 Act, 42 U.S.C. § 12101, et seq., and any state and local accessibility laws, codes, ordinances and rules (collectively, and together with regulations promulgated pursuant thereto, the “ADA”) and), notwithstanding anything in this Lease to and Tenant shall defend, indemnify and hold Landlord and the contrary, no use of the Premises during the Lease Term, shall be made that would cause Landlord Parties harmless from and against any Claims arising from any such failure the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance comply with the ADA. Landlord agrees that Landlord’s Base Building Work shall be constructed in conformance with the ADA. In the event Landlord’s Base Building Work is not constructed in conformance with the ADA in effect as of the date Landlord commences the Landlord’s Base Building Work, and assumes responsibility to cure any defaults that result in violations of provided Tenant provides Landlord written notice thereof within three (3) months after the ADA associated with the BuildingCommencement Date, other than those resulting from and provided Landlord does not dispute Tenant’s use determination of the Premisesnon-compliance, Landlord shall, as Tenant’s sole and exclusive remedy, address any such non-compliance of Landlord’s Base Building Work (and expressly not any Tenant Improvements or any modifications or alterations of Landlord’s Base Building Work that are made necessary as a result of Tenant Improvements, which such modifications or alterations are Tenant’s sole responsibility and cost).

Appears in 1 contract

Samples: Indenture of Lease (Intellia Therapeutics, Inc.)

Prohibited Uses. Notwithstanding anything [NOTE: All Prohibited Uses marked “*” shall apply to both Landlord and Tenant; all others apply to Tenant only.] * • A flea market; * • A pawn shop; • A banquet hall, auditorium or other place of public assembly; • A library or reading room (except incidental to the contrary sale at retail of books); • A discotheque or dance hall, any establishment offering live entertainment of any kind (excluding live music in this Lease restaurants), and a theatre, cinema or playhouse, provided that readings, demonstrations, television, video and other displays, and/or interactive presentations, shall be permitted as incidental to any other lawful use; * • A mortuary, funeral home or crematorium; • Living quarters, sleeping apartment or lodging rooms; * • Any use which is a public or private nuisance; * • Any use which produces: (A) noise or sound that is objectionable due to intermittence, high frequency, shrillness or loudness (except as otherwise permitted), (B) noxious odors, (C) noxious, toxic, caustic or corrosive fumes, fuel or gas, (D) dust, dirt or fly ash in excessive quantities, or (E) fire, explosion or other damaging or dangerous hazard, excluding in all cases the normal operations of SACs; * • Any assembling, manufacturing, industrial, distilling, refining, smelting, agriculture or mining operation; * • Junk yard or dump; * • A massage parlor, or the BLI Ridersale, including but not limited torental or display of “adult” or pornographic materials, the “Use of Premises” Section of the BLI Riderincluding, Tenant hereby representswithout limitation, warrants and agrees that Tenant’s business is not and shall not bemagazines, books, movies, videos, and that Tenant shall not use the Premises photographs, or any part thereofpornographic display of any nature, excepting massages offered by a spa; • A casino, gaming hall, off‑track betting facility, or permit the Premises other gambling operation or any part thereof to be usedfacility, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for excepting the sale of confectionerylottery tickets and gambling where allowed under applicable Legal Requirements; * • A “head shop” or other business selling drug paraphernalia, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of and • A retail use that is primarily (a) operating an off‑price or discount store (other than a shared office facilitystore operated under the “Sears”, that is“Kmart” or “Shop Your Way” brand or name or any abbreviation or derivative of such brand or name (such as, a business which subleases space and/or offers centralized services to subtenants by way of example only and not by way of limitation, “K” or customers on a shared basis, such as secretarial, receptionist, telephone, etc.“Big K”), or any other brand or name including therein the name “Sears”, “Kmart” or “Shop Your Way” or any abbreviation or derivative for such brand or name as aforesaid ), or *(b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt servicessecond‑hand store. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made EXHIBIT C FORM OF SNDA Prepared by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”and after recording return to: ) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.) ) ) ) ) ) )

Appears in 1 contract

Samples: Master Lease (Seritage Growth Properties)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use permit the Leased Premises to be used (a) for uses that are dangerous to the Leased Premises or to the public; (b) in any part thereofmanner that violates any Permitted Exception or any applicable Laws; (c) occupancy by any governmental agency or authority; (d) to conduct of auctions or gambling activities; (e) by any construction-related, maintenance, or permit the Premises repair companies (other than executive offices); (f) as flea markets or any part thereof to be usedswap meets; (g) as a theater; (h) as a massage parlor, adult book store (which shall mean a store which sells or offers for sale sexually explicit printed materials, audio or videotapes or films and sexual devices); (i) for the as a bar, ballroom, dance hall, discotheque or nightclub (other than incidental to a business of photographic, multilith or multigraph reproductions or offset printingoperated primarily as a restaurant); (iij) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or funeral parlor; (k) as a facility for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or paraphernalia for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, use with illicit drugs; (vii) [intentionally deleted], (viiil) as an employment agency, labor union office, physician’s off-track betting parlor or dentist’s office, dance or music studio, school bingo parlor; (except for the training of employees of Tenant), (ixm) as a xxxxxx new or used car dealership, gas station, auto repair shop or beauty salon, or car wash; (xn) for the business of (a) operating a shared office facilityany use which emits an obnoxious odor, that is, a business noise or sound which subleases space and/or offers centralized services to subtenants can be heard or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or smelled outside of the Building, providing as or which is in violation of any law or constitutes a service word processingprivate or public nuisance; (o) for any use of flashing, secretarialtraveling or rotating lights or signs, video conferencingor the use of loudspeakers, conference servicestelephones, telephone answeringphonographs, receptionist radios or mail receipt services. Nothing other audio or mechanical devices in this Section 5.B., shall preclude Tenant from using any part a manner so that they can be heard outside of the Premises Leased Premises; or (p) for photographic, multilith or multigraph reproductions to the extent any other use inconsistent with a first-class corporate headquarters and research facility. Tenant agrees that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Leased Premises and any assignee and/or sublessee of Tenant use of the Leased Premises are limited by and subject to the Permitted Exceptions as more fully set forth on the attached Exhibit C. Tenant will not use or permit the use of the Land, Building or Leased Premises in any manner that would result or would with the passage of time result in the creation of any easement or prescriptive right. Tenant shall not use or occupy the Leased Premises, or knowingly permit them to be used or occupied, contrary to applicable Laws, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other insurance thereon required to be furnished hereunder at Tenant’s expense, or which would cause structural injury to the improvements or cause the value or usefulness of the Leased Premises, or any portion thereof, to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use.

Appears in 1 contract

Samples: Lease (Calyxt, Inc.)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the "Use of Premises" Section of the BLI Rider, Tenant hereby represents, warrants covenants and agrees that Tenant’s 's business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be usedused without Landlord's prior written consent, [(i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted]for a retail banking, trust company, depository, guarantee or safe deposit business open to the general public, or indoor automated teller machines, (iii) [intentionally deleted]as a savings bank, a savings and loan company open to the general public, (iv) [intentionally deleted]for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (v) [intentionally deleted]as a stock broker's or dealer's office or for the underwriting or sale of securities open to the general public, (vi) except in connection with an employee lounge, as a restaurant restaurant, cafeteria, bar, or bar or an establishment for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted]as a news or cigar stand, (viii) as an employment agency, labor union office, physician’s 's or dentist’s 's office, dance or music studio, school (except for the training of employees and clients of Tenant), (ix) as a xxxxxx barber shop or beauty salon, or (x) for the business of (a) operating a shared xxxxxx office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services, (xi) for any services or uses to the general public to be conducted on the Premises, (xii) amateur recreational uses or movie theaters, (xiii) retail sales, including but not limited to drug stores or florists, or (xiv) warehousing, showroom and wholesale uses. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s 's own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 1 contract

Samples: Letter Agreement (1997 Corp)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the "Use of Premises" Section of the BLI Rider, Tenant hereby represents, warrants covenants and agrees that Tenant’s 's business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be usedused without Landlord's prior written consent, [(i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted]for a retail banking, trust company, depository, guarantee or safe deposit business open to the general public, or indoor automated teller machines, (iii) [intentionally deleted]as a savings bank, a savings and loan company open to the general public, (iv) [intentionally deleted]for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (v) [intentionally deleted]as a stock broker's or dealer's office or for the underwriting or sale of securities open to the general public, (vi) except in connection with an employee lounge, as a restaurant restaurant, cafeteria, bar, or bar or an establishment for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted]as a news or cigar stand, (viii) as an employment agency, labor union office, physician’s 's or dentist’s 's office, dance or music studio, school (except for the training of employees and clients of Tenant), (ix) as a xxxxxx barber shop or beauty salon, or (x) for the business of (a) operating a shared xxxxxx office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services, (xi) for any services or uses to the general public to be conducted on the Premises, (xii) amateur recreational uses or movie theaters, (xiii) retail sales, including but not limited to drug stores or florists, or (xiv) warehousing, showroom and wholesale uses. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s 's own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises6.

Appears in 1 contract

Samples: Cybear Inc

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the "Use of Premises" Section of the BLI Rider, Tenant hereby represents, warrants covenants and agrees that Tenant’s 's business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be usedused without Landlord's prior written consent, [(i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted]for a retail banking, trust company, depository, guarantee or safe deposit business open to the general public, or indoor automated teller machines, (iii) [intentionally deleted]as a savings bank, a savings and loan company open to the general public, (iv) [intentionally deleted]for the sale to the general public of travelers checks, money orders, drafts, foreign exchange or letters of credit or for the receipt of money for transmission, (v) [intentionally deleted]as a stock broker's or dealer's office or for the underwriting or sale of securities open to the general public, (vi) except in connection with an employee lounge, as a restaurant restaurant, cafeteria, bar, or bar or an establishment for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted]as a news or cigar stand, (viii) as an employment agency, labor union office, physician’s 's or dentist’s 's office, dance or music studio, school (except for the training of employees and clients of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services, (xi) for any services or uses to the general public to be conducted on the Premises, (xii) amateur recreational uses or movie theaters, (xiii) retail sales, including but not limited to drug stores or florists, or (xiv) warehousing, showroom and wholesale uses. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s 's own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 1 contract

Samples: Andrx Corp

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Prohibited Uses. Notwithstanding anything Any use or occupancy of the Premises that in Landlord’s reasonable judgment would: (a) cause damage to the contrary in this Lease or the BLI RiderBuilding, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereofequipment, facilities or permit other systems therein; (b) impair the appearance of the Premises; (c) interfere with the efficient and economical maintenance, operation and repair of the Premises or any part thereof to be usedthe Building or the equipment, facilities or systems thereof; or (id) violate the certificate of occupancy issued for the business of photographic, multilith Premises or multigraph reproductions or offset printingthe Building; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (xe) for materially adversely affect the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside first class image of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using Prohibited Use also includes the use of any part of the Premises for: (i) a restaurant, tavern or bar; (ii) the preparation, consumption, storage, manufacture or sale of food, liquor or beverages (except in connection with any type of food service facility installed solely and exclusively for photographicthe use of Tenant Permitted Parties in the Premises and invitees), tobacco or drugs; (iii) the business of photocopying, multilith or multigraph reproductions to the extent that such uses are incidental to offset printing (except photocopying in connection with Tenant’s own business); (iv) a school or classroom, other than for Tenant’s employees; (v) lodging or sleeping or any residential use; (vi) the operation of retail facilities (meaning a business or activities. The Use whose primary patronage arises from the generalized solicitation of the Premises made by Tenant is not general public to visit Xxxxxx’s offices in person without a use deemed as “place prior appointment); (vii) offices of public accommodation” under a foreign government; (viii) a xxxxxx, beauty or manicure shop; (ix) an employment agency, executive search firm or similar enterprise; (x) offices of the Americans with Disabilities Act City of 1990 Minneapolis or the State of Minnesota or of any other Governmental Authority, or a non-profit, the United Nations, or any agency or department of; (“ADA”xi) andthe manufacture, notwithstanding anything in this Lease retail sale, storage of merchandise or auction of merchandise, goods or property of any kind to the contrarygeneral public; (xii) any facility performing abortions; (xiii) any pornographic, indecent or immoral use or purpose including, without limitation, an establishment selling or exhibiting pornographic materials or drug related paraphernalia or an adult theatre or live performance theatre exhibiting nude or lewd performers or performances or lascivious behavior; (xiv) any illegal purposes or any activity constituting a legal nuisance; (xv) a fire sale, bankruptcy or going out of business sale (unless permitted pursuant to a court order with proper permits issued by the City of Minneapolis); (xvi) a mortuary or funeral home; (xvii) a carnival or flea market; (xviii) an off-track betting store or parlor; (xix) a pawn shop or currency exchange; (xx) a deep discount store; (xxi) a bowling alley, disco, nightclub, pool or billiard hall, dance hall or amusement or video arcade; (xxii) a massage parlor; (xxiii) a gun shop or firing range; (xxiv) a salvage shop; (xxv) a methadone clinic or drug or alcohol dependency clinic or rehabilitation institute; (xxvi) a dry cleaner or other use which produces odors that emanate beyond the Premises; (xxvii) a retail branch banking facility; or (xxviii) for the operation or conduct, in whole or in part, as a pharmacy, The following Prohibited Uses apply to an EY Competitor (i) no use space on the fifth (5th) floor of the Premises during Building may be leased, subleased or used by an EY Competitor, (ii) no EY Competitor may install signage on the Lease Termoutside of the Building other than on the plaque sign near the entrance or, shall if such EY Competitor occupies less RSF in the Building than Ernst & Young U.S. LLP, any signage in the Building lobby other than listings in the Building directory, if any and (iii) the Building may not be made that would cause the Premises named after an EY Competitor. For purposes of this paragraph an EY Competitor means (1) any entity operating as Deloitte, PwC, KPMG, BDO, Grant Xxxxxxxx, Accenture, IBM or McKinsey, or (2) any successor to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the lawsentities listed in clause (1). Landlord covenants that No space on the eighth (8th) floor of the Building may be leased, subleased or used by a Conopco Competitor. For purposes of this paragraph, a Conopco Competitor means Procter & Xxxxxx, Reckitt Benckiser, Beiersdorf, L’Oreal, Xxxxxxx & Xxxxxxx, Colgate Palmolive and Premises are currently in compliance with Henkel. Conopco may update the ADA, and assumes responsibility Conopco Competitor list to cure include any defaults that result in violations successor to any of the ADA associated with then current Conopco Competitors effective as of January 1 and July 1 of each calendar year (each such date, the “Applicable Effective Date”) by delivering Notice to Landlord of such change not less than fifteen (15) Business Days prior to the Applicable Effective Date but in no event shall such list contain more than six (6) names. No space in the Building may be leased, subleased, or used by a Prudential Competitor leasing less than 75,000 RSF in the Building. For purposes of this paragraph, other Prudential Competitor means MassMutual, Ameriprise Financial and Allianz. Prudential may revise the list of Prudential Competitors only on January 1 of each calendar year during the term of its lease (each such date, the “Prudential Applicable Effective Date”) by Notice given to Landlord not less than those resulting from Tenant’s use of fifteen (15) Business Days prior to such Prudential Applicable Effective Date; provided that in no event shall there be more than three (3) names on the Premises.Prudential Competitor list at any one time. EXHIBIT A OUTLINE OF PREMISES Exhibit A - 1 EXHIBIT B TENANT WORK LETTER

Appears in 1 contract

Samples: Office Lease (Sezzle Inc.)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease So long as Tenant occupies all or the BLI Rider, including but not limited toa portion of Building 3, the “Use following uses will be prohibited in Xxxxxxxx 0, Xxxxxxxx 0 and Building 3 unless consented to in writing by Landlord and Tenant: (i) offices of Premises” Section any agency or bureau of the BLI RiderUnited States or any commonwealth or state or political subdivision thereof that may utilize additional parking in excess of the typical number of visitor spaces in Comparable Buildings or parking in excess of the tenant's pro rata share of parking to accommodate public visitors, or is principally a law enforcement agency; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization that may utilize additional parking in excess of the typical number of visitor spaces in Comparable Buildings or parking in excess of the tenant's pro rata share to accommodate public visitors; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail, restaurant or bar uses; (vi) telemarketing or call center that would require additional parking in excess of the parking allocated to such space ; (vii) collection agency; (viii) offices for an employment agency; (ix) a warehouse, other than for storage incidental to a business operation conducted on the same premises, (x) music hall, cinema, theatre, auditorium, or other similar place of public entertainment or general assembly; (xi) health/exercise spa or club or sporting event or other sports facility; (xii) any assembly or manufacturing operation which creates excessive noise or vibration; (xiii) a factory; (xiv) an off-track betting club or facility, (xv) a church or other house of worship, (xvi) the storage of explosives, or (xvii) a funeral parlor. Tenant hereby represents, warrants further covenants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereofuse, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose which is contrary to be used, (i) for the business provisions of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salonthis Lease, or (x) for which is in violation of the business laws of (a) operating a shared office facilitythe United States of America, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc.the Commonwealth of Massachusetts, or (b) for a fee to persons inside the ordinances, regulations or outside requirements of the Buildinglocal municipal or county governing body or other lawful authorities having jurisdiction over the Project including, providing as a service word processingwithout limitation, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all ordinances, regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently or requirements relating to Hazardous Materials as defined in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the PremisesSubsection 29.31.1 below.

Appears in 1 contract

Samples: Office Lease (Cytyc Corp)

Prohibited Uses. Notwithstanding anything The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof, unless Landlord has agreed to permit such uses within other portions of the office component of the Project; (ii) offices or agencies of any foreign governmental or political subdivision thereof, unless Landlord has agreed to permit such uses within other portions of the office component of the Project; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; and (vi) uses prohibited under the 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -19- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. Underlying Documents. Tenant's use shall not result in an occupancy density for the Premises which is greater than the density permitted by Applicable Laws and zoning requirements, and further provided that Landlord shall not be obligated to make any changes to the contrary in this Lease Base Building or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Common Areas to accommodate Tenant's occupancy density. Tenant hereby represents, warrants further covenants and agrees that Tenant’s business is not and it shall not be, and that Tenant shall not use the Premises or any part thereofuse, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the rules and regulations attached to this Lease as Exhibit D ("Rules and Regulations"), provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, the other provisions of this Lease shall control. Tenant shall not do or permit anything to be used, (i) for done in or about the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages Premises which will in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s material way obstruct or dentist’s office, dance interfere with the rights of other tenants or music studio, school (except for occupants of the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salonProject, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause allow the Premises to be a “place of public accommodation” under the ADA and all similar present used for any unlawful purpose, nor shall Tenant cause, maintain or future lawspermit any nuisance in, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of on or about the Premises.

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or Common Area or any part thereof, or permit in violation of rules and regulations which are promulgated by Landlord and delivered to Tenant from time to time governing the Common Area and the Premises, provided that they are not inconsistent with any express provision of this Lease, and are applied in a non-discriminatory manner as to all tenants. Landlord shall not lease any space in Center, and Tenant shall not use any portion of the Premises or any part thereof to be used, Center; (i) for to conduct or advertise any auction, bankruptcy, fire, distress, liquidation, sheriff’s or receiver’s sale on or from the business of photographic, multilith or multigraph reproductions or offset printingPremises; (ii) [intentionally deleted]to sell any so-called “Army and Navy”, surplus, or previously worn or “used” goods, as those terms are generally used at this time and from time to time hereafter; (iii) [intentionally deleted]auditorium, activity facility, or meeting hall; (iv) [intentionally deleted], any self storage facilities; (v) [intentionally deleted]any medical or health-oriented facilities or offices (excluding a health spa, health club, exercise club, gymnasium or other similar operation); any industrial type use (vi) except in connection with an employee loungee.g., as a restaurant or bar or for the sale of confectionerymanufacturing, sodawarehousing, beveragesprocessing, sandwichesassembly, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, plating); (vii) [intentionally deleted], to conduct any activity which may make void or voidable or increase the premium on any insurance coverage on Center or parts thereof; (viii) as an employment agencyautomotive, labor union officetire, physician’s gasoline, or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), oil service centers; (ix) as a xxxxxx shop for any governmental use or beauty salon, office or any social service functions or facilities; (x) for the business operation of (a) operating a shared office facilitymassage parlor or bath house, that is, a business which subleases space and/or offers centralized services to subtenants adult book or customers on a shared basis, such as secretarial, receptionist, telephone, etc.adult video store, or for the sale, rental or exhibition of pornographic material and/or display in storefront windows or in areas within the Premises which are visible from the outside of the Premises, any sign, product or advertising material which is or is for pornographic or “adult” material; (bxi) in a manner which is a public or private nuisance including any which creates undue noise, sound, vibration, litter or odor; (xii) for a fee to persons inside night club or outside discotheque, tavern, bar, cocktail lounge or similar establishment which features any form of “adult entertainment” or any form of regularly scheduled live entertainment or the Buildingsale of alcoholic beverages; (xiii) for a roller or skating rink, providing as a service word processingskateboard or other rink or area, secretarialbilliard parlor, video conferencingamusement center, conference servicesarcade, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of including the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Termany video or mechanical game machines, shall be made that would cause the Premises to be bowling alley or similar operations; (xiv) for lodging, including a “place of public accommodation” under the ADA and all hotel, motor inn, apartments or condominiums; (xv) for vehicle, including automobile, truck, trailer, R.V. or boat dealer (or other similar present enterprise), sales, leasing, display or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, repair (other than those for office functions relating to such operations); (xvi) for a funeral parlor or mortuary; (xvii) for a mobile home or trailer court; (xvii) for any dumping, disposing, recycling, incineration or reduction on a large-scale commercial basis of refuse and recyclables (exclusive of collection in appropriately screened areas of refuse and recyclables resulting from Tenant’s use normal day to day operations in the locations designated by Landlord from time to time); (xix) for any commercial laundry or dry cleaning plant or coin operated laundromat; (xx) day care center or school (other than in conjunction with a retail or, in the case of day care, office operation); (xxi) for any veterinary hospital, animal boarding, training or raising facilities or pet shop; (xxii) for any separately demised newsstand; (xxiii) for an off-track betting, business, bingo, lottery or similar “games of chance” sales or facility; (xxiv) for the placement of any aerial or antenna on the roof or exterior walls of the Premises; (xxv) for the display of billboards or large advertisements whether free-standing, painted upon or affixed to the exterior of any structure; (xxvi) for any astrology, palm reading, tarot card or other like service or facility; or (xxvii) tattoo parlor. All of the foregoing uses are collectively referred to herein as the “Prohibited Uses”.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Pacific Premier Bancorp Inc)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that (a) Tenant shall not use or occupy the Premises or any part thereof, or permit or suffer the Premises or any part thereof to be usedused or occupied for any of the following (collectively, the “Prohibited Uses”): (i) for the a retail banking, trust company, or safe deposit business of photographic(except that Tenant may conduct a safe deposit business ancillary to Tenant’s private banking services and management services), multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted]a retail savings bank, a retail savings and loan association, or a retail loan company, (iii) [intentionally deleted]the retail sale of travelers’ checks and/or foreign exchange, (iv) [intentionally deleted]a retail stock brokerage office or for stock brokerage purposes (it being agreed that for the purposes of this Lease, the term “retail” shall refer to a business whose primary patronage are members of the general public), (v) [intentionally deleted]a restaurant, (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training sale of employees of Tenantfood and beverages to Permitted Users and except for vending machines), (ixvi) as a xxxxxx shop or beauty salon, or photographic reproductions and/or offset printing (x) for the business of (a) operating a shared office facility, except that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any Permitted Users may use part of the Premises for photographicphotographic reproduction, multilith solely in connection with its or multigraph reproductions to the extent their business), (vii) an employment or travel agency (except that such uses are incidental to Tenant’s own business or activities. The Use Permitted Users may use part of the Premises made for a travel agency serving their employees), (viii) a school or classroom; provided, that Permitted Users shall be permitted to conduct training ancillary and incidental to the Primary Office Use, (ix) medical or psychiatric offices (other than as set forth in Section 6.01(xii)), (x) conduct of an auction (except that if the Tenant hereunder or a subtenant is a law firm, then such Tenant or such subtenant may conduct auctions of a type incidental to such Tenant’s or such subtenant’s legal practice; provided, that such auctions shall not be open for attendance by Tenant is not the general public or excessive numbers of people), (xi) gambling activities, (xii) conduct of obscene, pornographic or similar disreputable activities, (xiii) offices of any stock exchange or for any purpose by any stock exchange, offices of any agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them (except as otherwise provided in Section 10.02(c)), (xiv) offices of any charitable, religious, union or other not‑for‑profit organization, (xv) offices of any tax exempt entity within the meaning of Section 168(h)(2) of the Internal Revenue Code of 1986, as amended, or any successor or substitute statute, or rule or regulation applicable thereto, (xvi) a use deemed xxxxxx shop, beauty salon or manicure shop, (xvii) offices of a public utility company, (xviii) as “place reservation center(s) for airlines or travel agencies, (xix) for clerical support services (except as such services are used in connection with the business of Permitted Users) or offices of public accommodation” under stenographers or public typists, or (xx) for any purpose by the Americans with Disabilities Act Federal Reserve Bank of 1990 New York (“ADA”except as otherwise provided in Section 10.02(c)) and, notwithstanding anything in this Lease to or for a trading floor or headquarter facilities for the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the PremisesNew York Stock Exchange.

Appears in 1 contract

Samples: Agreement (Bank of New York Mellon Corp)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that (a) Tenant shall not use or occupy the Premises or any part thereof, or permit or suffer the Premises or any part thereof to be usedused or occupied as or for any of the following (collectively, the “Prohibited Uses”): (i) for the business of photographica retail banking, multilith trust company, or multigraph reproductions or offset printing; safe deposit business, (ii) [intentionally deleted]a retail savings bank, a retail savings and loan association, or a retail loan company, (iii) [intentionally deleted], the retail sale of travelers’ checks and/or foreign exchange (iv) [intentionally deleted]a retail stock brokerage office (it being agreed that for the purposes of this Lease (including clauses (i) through (iv) above), the term “retail” shall refer to a business whose primary patronage are customers visiting the Premises in person without prior appointment), (v) [intentionally deleted]a restaurant, (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages (it being acknowledged that nothing contained herein shall prohibit the use of Tenant’s Kitchen or any Dining Facility or prohibit Tenant from installing vending machine(s) containing beverages or snacks in the Premises, for the exclusive use by Tenant’s subtenants, licensees, employees and permitted invitees, provided the same is not visible from the exterior of the Premises, (vi) photographic reproductions and/or offset printing (except that portions of the Premises may be used for photographic reproduction in connection with any manner whatsoeverbusiness otherwise permitted to be operated in the Premises), (vii) [intentionally deleted]an employment or travel agency (except for the exclusive use of employees of the occupants of the Premises), (viii) as an employment agency, labor union office, physician’s a school or dentist’s office, dance classroom (excluding the ancillary or music studio, school (except incidental use for training facilities in connection with the training business operations of employees the occupants of Tenantthe Premises), (ix) medical or psychiatric offices (except to the extent expressly permitted as an ancillary use pursuant to Section 6.01), (x) conduct of an auction (except for electronic, telephonic or written auctions of securities, commodities or businesses, provided that no such auctions are conducted on a face-to-face basis at the Premises and that the commodities being auctioned are not displayed, stored or maintained in the Premises), (xi) gambling activities, (xii) conduct of obscene, pornographic or similar disreputable activities, (xiii) intentionally omitted, (xiv) offices of any agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (xv) offices of any charitable, religious, union or other not‑for‑profit organization (provided, however, that Tenant may host events in the Premises sponsored by or for the benefit of such organizations and the Tenant named herein may sublease the Premises or a portion thereof to one or more Affiliates of said named Tenant which are charitable, religious or other not‑for‑profit organizations), (xvi) offices of any tax exempt entity within the meaning of Section 168(h)(2) of the Internal Revenue Code of 1986, as amended, or any successor or substitute statute, or rule or regulation applicable thereto (provided, however, that Tenant may host events in the Premises sponsored by or for the benefit of such entities and the Tenant named herein may sublease the Premises or a portion thereof to one or more Affiliates of said named Tenant which are tax exempt entities), (xvii) a xxxxxx shop shop, beauty salon or beauty salonmanicure shop, (xviii) offices of a public utility company, (xix) as reservation center(s) for airlines or travel agencies, (xx) for clerical support services (except to the extent expressly permitted as an ancillary use pursuant to Section 6.01), (xxi) for offices of public stenographers or public typists, (xxii) for any purpose by the Federal Reserve Bank of New York, or (xxxiii) for any purpose that would require a change in the business certificate of occupancy for the Building (a) operating a shared office facilityunless Tenant shall, that isat its sole cost and expense, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions obtain an amendment to the extent that such uses are incidental to Tenant’s own business or activities. The Use certificate of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that occupancy for the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s permitting such use of the Premises, provided further that such use shall not be in violation of the preceding terms and conditions of this Section 6.02).

Appears in 1 contract

Samples: Lease (KCG Holdings, Inc.)

Prohibited Uses. Notwithstanding anything As a condition of use, you agree not to use Kidcaboo Properties for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Submissions on or through Kidcaboo Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Kidcaboo’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Kidcaboo; (vi) interferes with or attempt to interfere with the contrary proper functioning of Kidcaboo Properties or uses Kidcaboo Properties in any way not expressly permitted by this Lease Agreement; or the BLI Rider(vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Kidcaboo Properties, including but not limited toto violating or attempting to violate any security features of Kidcaboo Properties, the using manual or automated software or other means to access, Use of Premisesscrape,Section of the BLI Rider“crawl” or “spider” any pages contained in Kidcaboo Properties, Tenant hereby representsintroducing viruses, warrants and agrees that Tenant’s business is not and shall not be, and that Tenant shall not use the Premises or any part thereofworms, or permit the Premises or any part thereof to be used, (i) for the business of photographic, multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted], (iii) [intentionally deleted], (iv) [intentionally deleted], (v) [intentionally deleted], (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (vii) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salonsimilar harmful code into Kidcaboo Properties, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services interfering or attempting to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any part of the Premises for photographic, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans interfere with Disabilities Act of 1990 (“ADA”) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease TermKidcaboo Properties by any other user, shall be made that would cause the Premises to be a host or network, including by means of overloading, place of public accommodationflooding,under the ADA and all similar present “spamming,” “mail bombing,” or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises“crashing” Kidcaboo Properties.

Appears in 1 contract

Samples: static1.squarespace.com

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the "Use of Premises" Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s 's business is not and shall not be, and that Tenant shall not use the Premises or any part thereof, or permit the Premises or any part thereof to be used, [(i) for the business of photographicFOR THE BUSINESS OF PHOTOGRAPHIC, multilith or multigraph reproductions or offset printingMULTILITH OR MULTIGRAPH REPRODUCTIONS OR OFFSET PRINTING; (ii) [intentionally deleted]FOR A RETAIL BANKING, TRUST COMPANY, DEPOSITORY, GUARANTEE OR SAFE DEPOSIT BUSINESS OPEN TO THE GENERAL PUBLIC, OR INDOOR AUTOMATED TELLER MACHINES, (iii) [intentionally deleted]AS A SAVINGS BANK, A SAVINGS AND LOAN COMPANY OPEN TO THE GENERAL PUBLIC, (iv) [intentionally deleted]FOR THE SALE TO THE GENERAL PUBLIC OF TRAVELERS CHECKS, MONEY ORDERS, DRAFTS, FOREIGN EXCHANGE OR LETTERS OF CREDIT OR FOR THE RECEIPT OF MONEY FOR TRANSMISSION, (v) [intentionally deleted]AS A STOCK BROKER'S OR DEALER'S OFFICE OR FOR THE UNDERWRITING OR SALE OF SECURITIES OPEN TO THE GENERAL PUBLIC, (vi) except in connection with an employee loungeAS A RESTAURANT, as a restaurant or bar or for the sale of confectioneryCAFETERIA, sodaBAR, beveragesOR AN ESTABLISHMENT FOR THE SALE OF CONFECTIONERY, sandwichesSODA, ice cream or baked goods or for the preparationBEVERAGES, dispensing or consumption of food or beverages in any manner whatsoeverSANDWICHES, ICE CREAM OR BAKED GOODS OR FOR THE PREPARATION, DISPENSING OR CONSUMPTION OF FOOD OR BEVERAGES IN ANY MANNER WHATSOEVER, (vii) [intentionally deleted]AS A NEWS OR CIGAR STAND, (viii) as an employment agencyAS AN EMPLOYMENT AGENCY, labor union officeLABOR UNION OFFICE, physician’s or dentist’s officePHYSICIAN'S OR DENTIST'S OFFICE, dance or music studioDANCE OR MUSIC STUDIO, school SCHOOL (except for the training of employees of TenantEXCEPT FOR THE TRAINING OF EMPLOYEES OF TENANT), (ix) as a xxxxxx shop or beauty salonAS A XXXXXX SHOP OR BEAUTY SALON, or (x) for the business of FOR THE BUSINESS OF (aA) operating a shared office facilityOPERATING A SHARED OFFICE FACILITY, that isTHAT IS, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basisA BUSINESS WHICH SUBLEASES SPACE AND/OR OFFERS CENTRALIZED SERVICES TO SUBTENANTS OR CUSTOMERS ON A SHARED BASIS, such as secretarialSUCH AS SECRETARIAL, receptionistRECEPTIONIST, telephoneTELEPHONE, etcETC., or OR (bB) for a fee to persons inside or outside of the BuildingFOR A FEE TO PERSONS INSIDE OR OUTSIDE OF THE BUILDING, providing as a service word processingPROVIDING AS A SERVICE WORD PROCESSING, secretarialSECRETARIAL, video conferencingVIDEO CONFERENCING, conference servicesCONFERENCE SERVICES, telephone answeringTELEPHONE ANSWERING, receptionist or mail receipt services. Nothing in this Section 5.B.RECEPTIONIST OR MAIL RECEIPT SERVICES, shall preclude Tenant from using any part of the Premises for photographic(xi) FOR ANY SERVICES OR USES TO THE GENERAL PUBLIC TO BE CONDUCTED ON THE PREMISES, multilith or multigraph reproductions to the extent that such uses are incidental to Tenant’s own business or activities. The Use of the Premises made by Tenant is not a use deemed as “place of public accommodation” under the Americans with Disabilities Act of 1990 (“ADA”xii) andAMATEUR RECREATIONAL USES OR MOVIE THEATERS, notwithstanding anything in this Lease to the contrary(xiii) RETAIL SALES, no use of the Premises during the Lease TermINCLUDING BUT NOT LIMITED TO DRUG STORES OR FLORISTS, shall be made that would cause the Premises to be a “place of public accommodation” under the ADA and all similar present or future lawsOR (xiv) WAREHOUSING, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with the Building, other than those resulting from Tenant’s use of the Premises.SHOWROOM

Appears in 1 contract

Samples: Lease (Hiway Technologies Inc)

Prohibited Uses. Notwithstanding anything to the contrary in this Lease or the BLI Rider, including but not limited to, the “Use of Premises” Section of the BLI Rider, Tenant hereby represents, warrants and agrees that Tenant’s business is not and shall not be, and that (a) Tenant shall not use or occupy the Premises or any part thereof, or permit or suffer the Premises or any part thereof to be usedused or occupied for any of the following (collectively, the “Prohibited Uses”): (i) a retail banking, trust company, or safe deposit business (for purposes of this Lease, the term “retail” shall refer to a business of photographicwhose primary patronage are customers visiting the Premises in person), multilith or multigraph reproductions or offset printing; (ii) [intentionally deleted]a retail savings bank, a retail savings and loan association, or a retail loan company, (iii) [intentionally deleted]the retail sale of travelers’ checks and/or foreign exchange, (iv) [intentionally deleted]a retail securities brokerage office or for securities brokerage purposes, (v) [intentionally deleted]a restaurant, (vi) except in connection with an employee lounge, as a restaurant or bar or for the sale of confectionery, soda, food or beverages, sandwiches, ice cream or baked goods or for the preparation, dispensing or consumption of food or beverages in any manner whatsoever, (viivi) [intentionally deleted], (viii) as an employment agency, labor union office, physician’s or dentist’s office, dance or music studio, school photographic reproductions and/or offset printing (except for the training of employees of Tenant), (ix) as a xxxxxx shop or beauty salon, or (x) for the business of (a) operating a shared office facility, that is, a business which subleases space and/or offers centralized services to subtenants or customers on a shared basis, such as secretarial, receptionist, telephone, etc., or (b) for a fee to persons inside or outside of the Building, providing as a service word processing, secretarial, video conferencing, conference services, telephone answering, receptionist or mail receipt services. Nothing in this Section 5.B., shall preclude Tenant from using any may use part of the Premises for photographicphotographic reproduction, multilith solely in connection with its own business), (vii) an employment or multigraph reproductions travel agency, (viii) a school or classroom; provided, that Tenant (and any subtenants and licensees) shall be permitted to conduct training ancillary and incidental to the extent that such uses are incidental to Tenant’s own business Primary Office Use, (ix) medical or psychiatric offices, (x) conduct of an auction, (xi) gambling activities. The Use , (xii) conduct of obscene, pornographic or similar disreputable activities, (xiii) offices of any stock exchange or for any purpose by any stock exchange, offices of any agency, department or bureau of the Premises made by Tenant is not United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (xiv) offices of any charitable, religious, union or other not-for-profit organization, (xv) offices of any tax exempt entity within the meaning of Section 168(h)(2) of the Internal Revenue Code of 1986, as amended, or any successor or substitute statute, or rule or regulation applicable thereto, (xvi) a use deemed xxxxxx shop, beauty salon or manicure shop, (xvii) offices of a public utility company, (xviii) as “place reservation center(s) for airlines or travel agencies, (xix) for clerical support services or offices of public accommodation” under stenographers or public typists, (xx) for any purpose by the Americans with Disabilities Act Federal Reserve Bank of 1990 New York or for a trading floor or headquarter facilities for the New York Stock Exchange, or (“ADA”xxi) and, notwithstanding anything in this Lease to the contrary, no use of the Premises during the Lease Term, shall be made for any purpose that would cause require a change in the Premises to be a “place certificate of public accommodation” under the ADA and all similar present or future laws, together with all regulations promulgated under any of the laws. Landlord covenants that the Building and Premises are currently in compliance with the ADA, and assumes responsibility to cure any defaults that result in violations of the ADA associated with occupancy for the Building, other than those resulting from Tenant’s use of the Premises.

Appears in 1 contract

Samples: Lease (Monotype Imaging Holdings Inc.)

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