Tenant Covenants. The Tenant covenants and agrees that the Tenant will: A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations. B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the Premises, or the equipment thereof, or the comfort, quiet and convenience of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control. C. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced notice, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided. D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified. E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions Tenant receives written notice thereof, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord. F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants. G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the termination of this Lease. H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein. I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend and hold the Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord. J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Samples: Lease Agreement (Integra Lifesciences Holdings Corp)
Tenant Covenants. The Tenant covenants and agrees that the Tenant willas follows:
A. Faithfully observe (a) to operate the Premises in a good, efficient and comply with business-like manner in the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon best interests of the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or PremisesBuilding, and such additional reasonable in compliance with all applicable laws, ordinances, rules and regulations as of governmental authorities;
(b) to keep the Premises in a clean, orderly and sanitary condition, and to repaint and redecorate at reasonable intervals;
(c) to comply with all reasonable requests of the Landlord hereafter at relating to energy conservation that do not unreasonably interfere with the Tenant’s business;
(d) to pay directly to the supplier when due all charges for any time or from time to time may make utilities separately metered and apply to all tenants of the Building and may communicate in writing billed to the Tenant, whichor that the Landlord directs the Tenant to pay directly;
(e) not to damage, in or impair the reasonable judgment efficient and proper operation of the Building, the Lands or any equipment located on them;
(f) not to commit or permit to be committed waste upon the Premises or any nuisance;
(g) subject to the Landlord, shall be necessary or desirable for ’s compliance with the reputation, safety, care or appearance Tenant’s standard protocol with respect to entering restricted portions of the LandPremises and with the proviso that the Tenant may refuse entry to any person on any reasonable and lawful basis, Building and/or the Premises, including but not limited to compliance with applicable laws or the preservation of good order thereinTenant’s contractual obligations to third parties, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the Premises, or the equipment thereof, or the comfort, quiet and convenience of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control.
C. Permit to allow the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, upon two (2) business days prior written notice (except in an emergency when no notice is required) to enter the Premises at all any reasonable hours time or times, with as little interference to the conduct of the Tenant’s business as is reasonably possible, to enable the Landlord to inspect the Premises and comply with or cause the Tenant to comply with any laws now or in the future applicable to the Premises whether or not the application of the laws to the Premises results from an act or omission of the Landlord or any other person;
(h) if the Tenant has knowledge, or has reasonable advanced noticecause to believe, that any Hazardous Substances has come to be located on, under or above the Premises, to give written notice of such condition to the Landlord;
(i) if the Landlord has reasonable cause to believe that the Premises have become contaminated with any Hazardous Substances, to allow the Landlord upon reasonable prior notice (except in an emergency when no notice is required) to enter the Premises and obtain samples from the Premises for the purposes purpose of inspection, or of making repairs, replacements or improvements in or analyzing the same to determine whether and to what extent the Premises or the Building or equipment, or of complying with any laws, orders, environment have become so contaminated and requirements of governmental or other authority or of exercising any right reserved to the Landlord extent that contamination is found and that such contamination was caused by this Lease (including the right during Tenant or by those for whom in law the progress of any such repairsTenant is responsible, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon reimburse the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the carecosts of such inspection, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions Tenant receives written notice thereof, sampling and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation exceptedanalysis. The Landlord and shall immediately clean-up or ensure the immediate clean-up, of any release of the contaminant which was not caused by the Tenant specifically agree that, notwithstanding anything or by those for whom in this Lease law the Tenant is responsible (which clean-up shall include any necessary restoration or remediation to a condition that complies with any and all government regulations and where the contraryrelease was not caused by the Tenant or by those for whom in law the Tenant is responsible, the Tenant shall not be required incur any costs or expenses associated with such clean-up or restoration or remediation);
(j) to remove provide the Landlord annually upon request, the Tenant’s policy and operating procedures relating to the generation, use, manufacture, storage, handling, transfer, treatment, refining, processing and production of Hazardous Substances on or in the Premises, including spill reporting requirements, inventory and waste manifests; and
(k) to indemnify and save harmless the Landlord and its directors, officers, employees and agents from and against any alterationsand all claims, installationslosses, additions liabilities, damages, costs and expenses, including without limitation, legal fees and costs on a solicitor and own client basis arising out of or improvements made in any way connected with the use, generation, storage, escape, seepage, leakage, spillage, release, discharge, disposal or presence on, under, about or from the Premises, the Lands or the Building of any Hazardous Substances during the Term by the Tenant, its employees, agents, invitees, contractors or any others under the control of the Tenant upon or for whom the Premises nor to restore Tenant is responsible in law including, without limitation, the Premises to its original condition prior to cost of any required or necessary repair, remediation or detoxification and preparation of any closure or other required plans in connection therewith and such indemnity obligations of the Termination Date. The Tenant’s obligations to observe and perform this covenant shall Tenant will survive the expiry or sooner termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend and hold the Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. (a) Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, set forth on Exhibit B hereto and such additional reasonable rules Rules and regulations Regulations as the Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, which in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the PremisesLand and Building, or the equipment thereof, or the comfort, quiet and convenience comfort of tenants or others in the Enterprise Business CenterBuilding; provided, however, that (i) in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control, (ii) nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the Rules and Regulations or the terms, covenants or conditions in any other lease as against any other tenant, and (iii) Landlord shall not be liable to Tenant for any violation of the Rules and Regulations by any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
C. (b) Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with and upon reasonable advanced notice,, for the purposes purpose of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, orders and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease Lease. (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders order or requirements to keep and store within the Premises all necessary materials, tools and equipment)) provided that any such storage shall be in a manner which minimizes the disruption of the Tenant’s business activities. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts partss thereof other than as specifically herein provided.
D. (c) Make no claim against Landlord for any injury or damage to Tenant or to any other person for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of Ten ant or of any other person.
(d) Not bring or keep in the Premises any property other than such as might normally be brought upon or kept left in the Premises as an incident to the tile reasonable use of the Premises for the purposes purpose herein specified.
E. (e) Not violate, or permit the violation of, : any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions Tenant receives written notice thereofcarriers, and not or do anything or to permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. (f) Permit the Landlord, during business hours, with reasonable advanced notice, hours within the six three (63) month period next preceding the Termination Date termination date with respect to all or any part of the Premises, to show the same to prospective new tenantsTenants.
G. (g) Quit and surrender the Premises at the expiration or earlier termination of this Lease the term broom clean and in as good condition as ordinary wear and with all installationsreasonable use will permit, alterationsexcept for repairs caused by fire or their casualty, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property property, and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the said expiration or earlier termination of this Lease.
H. (h) At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) and the Tenant is dates to which rent has been paid in full and complete possessionadvance, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or usedif any, and (v) stating whether or not, to the best knowledge of the signer of such Certificate, the certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being beillg intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgageemollgagee, or assignee of any mortgage mortgage, of the tile Building and/or the tile Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend (i) Indemnify and hold save harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the demised Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend indemnify and hold the save Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant Ten ant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, ; servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, Tenant upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. (j) Not place this Lease on record without the prior written consent of Landlord. At the request of the Landlord onlyLandlord, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
(k) During the term hereof; maintain and deliver to Landlord public liability and property damage insurance policy (or certificates thereof) with respect to the Premises, in which Landlord, Tenant and Landlord’s mortgagee and/or ground lessor, if required, shall be named as additional insureds, for a minimum of: One Million ($1,000,000.00) Dollars combined single limit for coverage purposes only, and with no obligation on the part of Landlord, Landlord’s mortgagee and/or ground lessor to pay premiums. Such policy or policies shall be reasonably satisfactory to Landlord with provision for at least ten (10) days’ notice to Landlord of cancellation and shall include a cross liability endorsement. At least ten (10) days before the expiration of any such policy, Tenant shall supply Landlord with a substitute therefor with evidence of payment of the premiums thereof If such premiums shall not be so paid and/or the policies therefor shall not be so delivered, then Landlord may procure and/or pay for the same and the amounts so paid by Landlord shall be added to the installment of rent becoming due on the first of the next succeeding month and shall be collected as additional rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Tangoe Inc)
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules Rules and regulations Regulations as the Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the PremisesLand and Building, or the preservation of good order therein, or the operation, maintenance, insurance maintenance or safekeeping of the Land, Building and/or the PremisesLand and Building, or the equipment thereof, or the comfort, quiet and convenience comfort of tenants or others in the Enterprise Business CenterBuilding; provided, however, that (I) in the case of any conflict between the provisions of this Lease and any such Rules and Regulationsconflict, the provisions of this Lease shall control, (ii) nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the Rules and Regulations upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
C. B. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor Landlord under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced noticehours, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s 's interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
C. Make no claim against Landlord for any injury or damage to Tenant or to any other person for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of Tenant or of any other person, unless caused by the negligence of Landlord, its employees, agents or servants.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s 's insurance carriers of which conditions Tenant receives written notice thereofcarriers, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, hours with reasonable advanced notice, within the six (6) month period next preceding the Termination Date termination date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the expiration or earlier termination of this Lease the Term broom clean and in as good condition as ordinary wear and reasonable use will permit, except for repairs caused by fire or other casualty, and, subject to Landlord's exercise of the election provided in Article 8, with all installations, alterations, additions, additions and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s 's removable fixtures and furniture shall remain the Tenant’s property 's property, and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s 's obligations to observe and perform this covenant shall survive the said expiration or earlier termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ days prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect except as modified and stating the modifications), (iii) and the Tenant is dates to which rent has been paid in full and complete possessionadvance, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or usedif any, and (v) stating whether or not, to the best knowledge of the signer of such Certificate, the certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor Landlord under any ground or underlying lease, or any lessee Tenant or mortgagee, or any prospective purchaser, lesseeTenant, mortgagee, or assignee of any mortgage mortgage, of the Building and/or the Land or of the Landlord’s 's interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend Indemnify and hold save harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Demised Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend indemnify and hold the save Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s 's expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. Not record this Lease in the County Clerk's Office without the prior written consent of Landlord. At the request of the Landlord onlyLandlord, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
K. The recording of this Lease or a memorandum thereof in violation of J. above by Tenant without Landlord's prior written consent shall constitute a default hereunder.
L. Indemnify, defend and hold Landlord harmless from and against any and all liability, claims, suits, demands, judgments, costs, interest and expenses (including but not limited to, counsel fees incurred in the defense of any action or proceeding) to which Landlord may be subject or suffer by reason of Tenant's having had dealings with respect to the Premises or this Lease with any real estate agent or broker, other than Broker named herein.
M. During the Term hereof, maintain and deliver to Landlord public liability and property damage insurance policies (or certificates thereof) with respect to the Premises, in which Landlord, Tenant and Landlord's mortgagee and/or ground Landlord, if required, shall be named as additional insureds, for a minimum of One Million ($1,000,000) Dollars combined single limit for coverage purposes only, with no obligation on the part of Landlord, Landlord's mortgagee and/or ground Landlord to pay premiums. Such policy or policies shall be in such form and with such insurance companies as shall be reasonably satisfactory to Landlord with provision for at least fifteen (15) days notice to Landlord of cancellation and shall name Landlord as additional insured. At least ten (10) days before the expiration of any such policy, Tenant shall supply Landlord with a substitute therefor with evidence of payment of the premiums thereof. If such premiums shall not be so paid and/or the policies therefor shall not be so delivered, then Landlord may procure and/or pay for the same and the amounts so paid by Landlord shall be added to the installment of rent becoming due on the first of the next succeeding month and shall be collected as additional rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Fundtech LTD)
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the Premises, or the equipment thereof, or the comfort, quiet and convenience of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control.
C. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced notice, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions Tenant receives written notice thereof, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged released, disposed or used and does not discharge release, dispose or use any hazardous or toxic substance or waste at the Premises which is not properly discharged handled or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend and hold the Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Samples: Lease Agreement (Integra Lifesciences Holdings Corp)
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which reasonable Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the PremisesLand and Building, or the preservation of good order therein, or the operation, maintenance, insurance maintenance or safekeeping of the Land, Building and/or the PremisesLand and Building, or the equipment thereof, or the comfort, quiet and convenience comfort of tenants or others in the Enterprise Business CenterBuilding; provided, however, that (i) in the case of any conflict between the provisions of this Lease and any such Rules and Regulationsconflict, the provisions of this Lease shall control, (ii) nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the Rules and Regulations upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
C. B. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises premises at all reasonable hours with reasonable advanced noticehours, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s 's interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises premises or the Building or any parts thereof other than as specifically herein provided.
C. Make no claim against Landlord for any injury or damage to Tenant or to any other person for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of Tenant or of any other person, unless caused by the negligence of Landlord, its employees, agents or servants.
D. Not bring or keep in the Premises premises any property other than such as might normally be brought upon or kept in the Premises premises as an incident to the reasonable use of the Premises premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s 's insurance carriers of which conditions Tenant receives written notice thereofcarriers, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premisespremises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, hours within the six nine (69) month period next preceding the Termination Date termination date with respect to all or any part of the Premisespremises, to show the same to prospective new tenants.
G. Quit and surrender the Premises premises at the expiration or earlier termination of this Lease the term broom clean and in as good condition as ordinary wear and reasonable use will permit, except for repairs caused by fire or other casualty, and, subject to Landlord's exercise of the election provided in Article 8, with all installations, alterations, additions, additions and improvements, including partitions which may have been installed by either of the parties upon the Premises premises (except that the Tenant’s 's removable fixtures and furniture shall remain the Tenant’s property 's property, and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s 's obligations to observe and perform this covenant shall survive the said expiration or earlier termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ days prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) and the Tenant is dates to which rent has been paid in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or usedadvance, and (v) stating the commencement and expiration dates of the lease, current monthly charges, security deposits, whether Tenant claims any offsets and such other items as are requested by Landlord. The estoppel shall also state whether or not, to the best knowledge of the signer of such Certificate, the certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or of underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage mortgage, of the Building and/or the Land or of the Landlord’s 's interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend Indemnify and hold save harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work act or thing omission whatsoever done by or on behalf of the Tenant in or about the Premises demised premises as well as from the use and occupancy of the Premises premises by the Tenant, and further indemnify, defend indemnify and hold the save Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s 's expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of the Landlord onlyLandlord, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary. The recording of the Lease or a memorandum thereof by Tenant without Landlord's consent shall constitute a default hereunder.
K. Indemnify, defend and hold Landlord harmless from and against any and all liability, claims, suits, demands, judgments, costs, interest and expenses (including but not limited to, counsel fees incurred in the defense of any action or proceeding) to which Landlord may be subject or suffer by reason of Tenant's having had dealings with respect to the premises or this Lease with any real estate agent or broker, other than Broker named herein.
L. During the term hereof, maintain and deliver to Landlord public liability and property damage insurance policies (or certificates thereof) with respect to the premises, in which Landlord and Landlord's managing agent, Tenant and Landlord's mortgagee and/or ground lessor, if required, shall be named as additional insureds, for a minimum of One Million ($1,000,000) Dollars combined single limit for coverage purposes only, with no obligation on the part of Landlord, Landlord's mortgagee and/or ground lessor to pay premiums. Such policy or policies shall be in such form and with such insurance companies as shall be reasonably satisfactory to Landlord with provision for at least fifteen (15) days notice to Landlord of cancellation and shall name Landlord and Landlord's managing agent as additional insureds. At least ten (10) days before the expiration of any such policy. Tenant shall supply Landlord with a substitute therefor with evidence of payment of the premiums thereof. If such premiums shall not be so paid and/or the policies therefor shall not be so delivered, then Landlord may procure and/or pay for the same and the amounts so paid by Landlord shall be added to the installment of rent becoming due on the first of the next succeeding month and shall be collected as additional rent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Medjet Inc)
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the which Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the PremisesLand and Building, or the preservation of good order therein, or the operation, maintenance, insurance maintenance or safekeeping of the Land, Building and/or the PremisesLand and Building, or the equipment thereof, or the comfort, quiet and convenience comfort of tenants or others in the Enterprise Business CenterBuilding; provided, however, that (i) in the case of any conflict between the provisions of this Lease and any such Rules and Regulationsconflict, the provisions of this Lease shall control, (ii) provided that the Rules and Regulations are evenly applied to all tenants, nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the Rules and Regulations upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
C. Permit the B. Upon reasonable prior notice during Business Hours, permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises premises at all reasonable hours with reasonable advanced noticehours, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises premises in a reasonable manner (and thereafter promptly remove) all necessary materials, tools and equipment); provided however that Landlord agrees to use reasonable efforts not to interfere with or interrupt Tenant's business operation in the Premises and all trade fixtures and other equipment owned by Tenant and located in the Premises. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s 's interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises premises or the Building or any parts thereof other than as specifically herein provided, except to the extent caused by such party's gross negligence or willful misconduct.
C. Make no claim against Landlord for any injury or damage to Tenant or to any other person for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of Tenant or of any other person, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or servants.
D. Not bring or keep in the Premises premises any property other than such as might normally be brought upon or kept in the Premises premises as an incident to the reasonable use of the Premises premises for the purposes herein specifiedspecified or in connection with the conduct of Tenant's business therein.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s 's insurance carriers of which conditions Tenant receives written notice thereofcarriers, and not do anything or permit anything to be donedone (other than the permitted use), or keep anything or permit anything to be kept, in the Premisespremises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, upon prior reasonable notice during business hours, hours with reasonable advanced notice, within the six (6) month period next preceding the Termination Date termination date with respect to all or any part of the Premisespremises, to show the same to prospective new tenants.
G. Quit and surrender the Premises premises at the expiration or earlier termination of this Lease the term broom clean and in as good condition as ordinary wear and reasonable use will permit, except for repairs caused by fire or other casualty, and, subject to Landlord's exercise of the election provided in Article 8, with all installations, alterations, additions, additions and improvements, including partitions which may have been installed by either of the parties upon the Premises premises (except that the Tenant’s 's removable fixtures trade fixtures, personal property and furniture shall remain the Tenant’s property 's property, and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s 's obligations to observe and perform this covenant shall survive the said expiration or earlier termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ days prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect except as modified and stating the modifications), (iii) and the Tenant is dates to which rent has been paid in full and complete possessionadvance, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or usedif any, and (v) stating whether or not, to the best knowledge of the signer of such Certificate, the certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or of underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage mortgage, of the Building and/or the Land or of the Landlord’s 's interest therein.
I. Except for to the extent caused by the negligence or willful or negligent acts misconduct of the Landlord, its contractors, agents or employees, indemnify, defend indemnify and hold save harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Demised Premises as well as from the use and occupancy of the Premises premises by the Tenant, and further indemnify, defend indemnify and hold the save Landlord harmless against and from any and all claims arising from any breach or default beyond applicable notice and/or cure period on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence in the premises of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all reasonable costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s 's expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of the Landlord onlyor Tenant, the Tenant and Landlord will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, Landlord and Tenant shall deem necessary.
Appears in 1 contract
Samples: Lease Agreement (Qmed Inc)
Tenant Covenants. The Tenant covenants and agrees that the Tenant will:
A. Faithfully observe and comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the which Landlord hereafter at any time or from time to time may make and apply to all tenants of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the PremisesLand and Building, or the preservation of good order therein, or the operation, maintenance, insurance maintenance or safekeeping of the Land, Building and/or the PremisesLand and Building, or the equipment thereof, or the comfort, quiet and convenience comfort of tenants or others in the Enterprise Business CenterBuilding; provided, however, that (i) in the case of any conflict between the provisions of this Lease and any such Rules and Regulationsconflict, the provisions of this Lease shall control, (ii) provided that the Rules and Regulations are evenly applied to all tenants, nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the Rules and Regulations upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
C. Permit the B. Upon reasonable prior notice and prior coordination with Tenant, permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises premises at all reasonable hours with reasonable advanced noticehours, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises premises all necessary materials, tools and equipment); provided, however, that there be no unreasonable obstruction of the right of access to, or unreasonable, interference with, the use and enjoyment of the Premises by Tenant. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s 's interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises premises or the Building or any parts thereof other than as specifically herein provided.
C. Make no claim against Landlord for any injury or damage to Tenant or to any other person for any damage to, or loss (by theft or otherwise) of, or loss of use of, any property of Tenant or of any other person, unless caused by the gross negligence of Landlord, its employees, agents or servants or material breach of any obligations hereunder by Landlord, its employees, agents or servants.
D. Not bring or keep in the Premises premises any property other than such as might normally be brought upon or kept in the Premises premises as an incident to the reasonable use of the Premises premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s 's insurance carriers of which conditions Tenant receives written notice thereofcarriers, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premisespremises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, upon prior reasonable notice during business hours, hours with reasonable advanced notice, within the six (6) month period next preceding the Termination Date termination date with respect to all or any part of the Premisespremises, to show the same to prospective new tenants.
G. Quit and surrender the Premises premises at the expiration or earlier termination of this Lease the term broom clean and in as good condition as ordinary wear and reasonable use will permit, except for repairs caused by fire or other casualty, and, subject to Landlord's exercise of the election provided in Article 8, with all installations, alterations, additions, additions and improvements, including partitions which may have been installed by either of the parties upon the Premises premises (except that the Tenant’s 's removable trade fixtures and furniture shall remain the Tenant’s property 's property, and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s 's obligations to observe and perform this covenant shall survive the said expiration or earlier termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ days prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect except as modified and stating the modifications), (iii) and the Tenant is dates to which rent has been paid in full and complete possessionadvance, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or usedif any, and (v) stating whether or not, to the best knowledge of the signer of such Certificate, the certificate Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or of underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage mortgage, of the Building and/or the Land or of the Landlord’s 's interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend Indemnify and hold save harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Demised Premises as well as from the use and occupancy of the Premises premises by the Tenant, and further indemnify, defend indemnify and hold the save Landlord harmless against and from any and all claims arising from any breach or default beyond applicable notice and/or cure period on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence IN THE PREMISES of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all reasonable costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s 's expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of the Landlord onlyLandlord, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Tenant Covenants. The In addition to such other requirements as may be imposed upon Tenant covenants by law or this Lease, Tenant agrees as follows:
(a) To keep the Unit in a good, clean, safe and agrees sanitary condition and to keep any other part of the Premises that Tenant occupies and uses as clean and safe as the conditions of the Premises permit;
(b) To use in a reasonable and proper manner all utilities and all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and services; to not permit such facilities and services to be discontinued or cut off; to keep all appliances and equipment within the Premises in good and clean condition, reasonable wear and tear excepted, and not to place fixtures, signs or fences in or about the Unit or Premises without prior permission of Owner in writing;
(c) To comply with all obligations primarily imposed upon Tenant by applicable provisions of building and housing codes materially affecting health and safety;
(d) To remove from the Unit all ashes. garbage, rubbish and other waste in a clean and safe manner and in the receptacles provided by Owner;
(e) To keep all plumbing fixtures on the Premises or used by Tenant as clean as their condition permits;
(f) Not to remove or tamper with a properly functioning smoke detector, including removing any working batteries, so as to render the smoke detector inoperative;
(g) Not to use the Unit or the Premises or permit the use thereof by others for any illegal purpose or activities, including, without limitation, the illegal manufacture, possession, distribution, sale, gift or use of any controlled substance or for the facilitation of any such manufacture, possession, distribution sale, gift or use;
(h) To use reasonable efforts to maintain the Unit and any other part of the Premises that Tenant occupies in such a condition as to prevent accumulation of moisture and the growth of mold (including, without limitation, closing all doors and windows during rain or snow) and to promptly notify Owner in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by Tenant;
(i) Not to keep in or about the Unit or Premises any explosives or any inflammable fluids or materials of any kind constituting an unreasonable fire hazard without the prior written consent of Owner;
(j) Not to affix or suspend any advertisements or notices upon or from any part of the Unit or Premises without the prior written consent of Owner:
(k) To be responsible for Tenant’s conduct and the conduct of other xxxxxxx in the Unit or on the Premises with Tenant’s consent (whether known by Tenant or not) to ensure that the Tenant will:other residents’ peaceful enjoyment of the Premises will not be disturbed;
A. Faithfully observe and comply with (l) Not to deliberately or negligently destroy, deface, damage, impair or remove any part of the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord Unit or Premises, or permit any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority person to do so (whether known by Tenant or not) and to repair or replace any such part of the Unit or Premises affected by such deliberate or negligent actions;
(m) To carry out all obligations which Rules are now or hereafter imposed upon Tenant by state statute or local ordinance in connection with his occupancy of the Premises and Regulations apply to the operationwhich, maintenanceif not so carried out, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and may constitute grounds for eviction under such additional statute or ordinance;
(n) To abide by all reasonable rules and regulations as (the Landlord hereafter at any time or from time to time may make and apply to all tenants “Rules of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the Premises, or the equipment thereof, or the comfort, quiet and convenience of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control.
C. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced notice, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions Tenant Occupancy”) imposed by the Landlord’s insurance carriers of which conditions Owner pursuant to this Lease. Tenant receives written notice thereof, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except agrees that the foregoing list of Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the responsibilities is not exclusive, but is in addition to any other requirements imposed upon Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire law or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend and hold the Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Samples: Residential Lease
Tenant Covenants. The Tenant agrees to observe the following covenants and agrees that the Tenant will:
A. Faithfully observe and to comply with the Rules all existing rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules regulations and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional those reasonable rules and regulations as the that Landlord may hereafter at any time or from time to time may make for the Building; however, it is agreed by the Tenant that the Landlord shall not be liable in any way for any damage caused to it or its invitees or employees, by the nonobservance by any of the other tenants of such similar covenants in their leases or of rules and apply regulations provided for herein or in other leases:
A. Tenant shall occupy and use the Premises during the Term hereof for the purpose specified in Section 6. above and none other, and shall not conduct itself, or permit its agents, employees or invitees to all tenants conduct themselves, in the Premises or in the Building, in a manner inconsistent with the character of the Building as an office building of the highest class, or interfere with the comfort or convenience of other tenants;
B. Tenant shall not, without the prior written consent of Landlord, exhibit, sell, or offer for sale on the Premises or in the Building any article or thing except those articles and may communicate things essentially connected with the stated use of the Premises by Tenant as set forth in Section 6 above; C. Tenant will not make or permit to be made any use of the Premises which, directly or indirectly, is forbidden by public law, ordinance, or governmental regulation; D. Tenant shall not sell or offer to sell or permit to be sold or offered for sale in the Premises any alcoholic or other intoxicating beverage; E. Tenant shall not display, inscribe, print, paint, maintain, or affix on any place in or about the Building (or the parking lot or landscaped area of the Building) any sign, notice, legend, direction, figure, or advertisement, except on the doors of the Premises and on the Directory Boards, and then only such name or names and matter, and in such color, size, style, place, and materials, as shall first have been approved in writing by Landlord; however this provision shall not restrict the Tenant from including its name on any directory or suite signage, and does not apply to signs within the TenantPremises; F. Tenant shall not advertise the business, whichprofession, or activities of Tenant conducted in the reasonable judgment Building in any manner which violates the letter or spirit of the Landlordany code of ethics adopted by any recognized association or organization pertaining to such business, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premisesprofession, or activities, and shall not use the preservation of good order therein, or the operation, maintenance, insurance or safekeeping of the Land, Building and/or the Premises, or the equipment thereof, or the comfort, quiet and convenience of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall control.
C. Permit the Landlord and any mortgagee name of the Building for any purposes other than that of the business address of Tenant, and Tenant shall never use any picture or likeness of the Building in any circulars, notices, advertisements, or correspondence without Landlord's prior written consent; G. Tenant shall not obstruct or use for storage or for any purpose other than ingress and egress, the Land or common and/or public areas of the interest of the Landlord therein and Building; H. No additional locks or similar devices shall be attached to any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced notice, for the purposes of inspection, or of making repairs, replacements or improvements door in or to the Premises or the Building without Landlord's prior written consent and only upon the condition that Landlord shall have the keys to or equipmentcombination of such additional locks or devices; I. No keys for any door other than those provided by Landlord shall be made by Tenant; if more than twenty five keys for the entry door are desired, Landlord will provide the same to the Tenant at the Tenant's cost; J. Upon termination of this Lease or of Tenant's possession of the Premises, Tenant shall surrender all keys and entry cards to the Premises and the Building; K. Tenant shall not install or operate any steam or internal combustion engine, boiler, pressure vessel, machinery, refrigerating, or of complying with heating device (except for kitchen appliances customarily used in offices), or air conditioning apparatus in or about the Premises, or carry on any lawsmechanical business therein, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violatehousing accommodations or lodging or sleeping purposes, or do any cooking therein, or use any illumination other than electric light, or use or permit to be brought into the violation ofBuilding any flammable oils or fluids such as gasoline, kerosene, naphtha and benzine, or any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions explosive, radioactive materials, or other articles hazardous to life, limb, or property; L. Tenant receives written notice thereof, and shall not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, Premises which would increase the fire or other casualty insurance rates rate on the Building or the property thereinBuilding, or which would result in the Landlord's insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by satisfactory to Landlord; M. In the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended event that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by Tenant increases the cost of insurance, Tenant shall pay such increased cost to Landlord on demand, but such demand or acceptance of such payment shall not be construed as a consent by Landlord to Tenant's such use, or limit Landlord's further remedies under this Lease; N. Tenant shall cooperate fully with Landlord to assure the effective operation of the Building's air conditioning, heating, and further indemnifyventilating systems; O. Landlord reserves the right to require that any alterations or additions done by the Tenant be done using Landlord's designated contractors or contractors approved by Landlord, defend provided such contractors are market competitive; P. Tenant shall not use lamps in the ceiling light fixtures or window coverings of a color or style other than that approved in advance in writing by Landlord or managing agent; Q. The color of all paint and hold other decorating materials used by Tenant on those portions of the Landlord harmless against and from any and all claims arising from any breach or default Premises which are visible to the exterior shall be approved in writing in advance by Landlord; R. Tenant will not install on the part windows facing the exterior or the interior lobby any window coverings without the prior written consent of Landlord; S. Tenant shall keep the doors to the corridors closed except when in use for ingress and egress, and Tenant shall not place or allow anything to be placed against or near the doors to the corridors which may diminish the light in or be unsightly from the corridors; T. Tenant shall not hang drapes, blinds, or other window treatments except in a color, style, and manner approved by Landlord; U. Tenant shall not bring or permit to be in the Building any bicycle or other vehicle, or dog (except in the company of a blind person), or other animal or bird; V. Tenant shall not make or permit any noise, vibration, or odor to emanate from the Premises; W. Tenant shall not do anything therein tending to create or maintain a nuisance; X. Tenant shall not disturb, solicit, or canvass any occupant of the Building; Y. Tenant in shall not do any act tending to injure the performance of any covenant or agreement on the part reputation of the Building; and/or Z. Tenant represents, warrants, and covenants to be performed pursuant to Landlord that Tenant shall at no time (a) use or permit the terms use of this Leasethe Premises and/or the Building for the generation, manufacture, production, storage, release, discharge, or arising disposal of Hazardous Materials (as hereinafter defined) except in accordance with Environmental Regulations (as hereinafter defined); or (b) to transport Hazardous Materials to or from the Premises, except in accordance with Environmental Regulations; or (c) perform any act or negligence action whatsoever which violates any Environmental Regulations; and/or (d) allow or permit any other person or entity to do any of the Tenantabove:
1. The term "Hazardous Materials" is defined as and includes, without limitation, any flammable explosives, radioactive materials, asbestos and asbestos containing materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sections 6901, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any of its agentsother federal, contractorsstate, servantsor local environmental laws, employees ordinances, rules, or licenseesregulations dealing with hazardous materials, excluding customary general office and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlordcleaning supplies.
J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
Appears in 1 contract
Samples: Lease Agreement (Delphi Information Systems Inc /De/)
Tenant Covenants. The Tenant covenants and agrees that to be bound by the following covenants, which shall be binding for the benefit of Landlord and enforceable by Landlord against Tenant willto the fullest extent permitted by law and equity:
A. Faithfully observe (a) Tenant (and any subtenants of the Premises or any part thereof) shall comply with the Rules and Regulations. Nothing contained in this Lease shall be construed to impose upon the Landlord any duty or obligation to enforce the Rules and Regulations.
B. The phrase “Rules and Regulations” as used in this Lease shall mean all such rules, regulations, statutes and/or laws that are created, enacted and/or instituted by any governmental authority (applicable federal, state, county or local) having the authority to do so and which Rules and Regulations apply to the operation, maintenance, use, appearance and/or safety with respect to the Land, the Building and/or Premises, and such additional reasonable rules and regulations as the Landlord hereafter at any time or local laws in effect from time to time may make and apply to all tenants prohibiting discrimination or segregation by reason of age, race, creed, religion, sex, color, national origin, ancestry, sexual orientation or affectional preference, disability, or marital status (collectively, "Prohibited Distinctions") in the sale, lease, or occupancy of the Building and may communicate in writing to the Tenant, which, in the reasonable judgment Premises.
(b) Tenant shall not effect or execute any sublease of the Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land, Building and/or the Premises, or any part thereof, if restricted upon the preservation basis of good order thereinany Prohibited Distinction.
(c) Tenant (and any subtenants of the Premises or any part thereof) shall include the covenants of (a) and (b) in any sublease of the Premises entered into after the date hereof.
(d) So long as the City or its designee shall be Landlord, Tenant shall comply with the provisions of Executive Order No. 50 (April 25, 1980) as amended, or any successor thereto, as long as such executive or any successor thereto, in whatever form and whenever enacted, is in force, in whole or in part, and the operation, maintenance, insurance or safekeeping regulations promulgated thereunder and orders of the LandDirector of the Division of Labor Services (subject to any applicable future amendments to Executive Order No. 50), Building and/or and Tenant shall incorporate the Premises, language required thereby in any construction contract related to Construction Work.
(e) In no event shall Tenant be required to issue a notice of default or the equipment thereof, or the comfort, quiet and convenience terminate a Sublease as a result of tenants or others in the Enterprise Business Center; provided, however, that in the case of any conflict between a Subtenant’s failure to comply with the provisions of this Lease and any such Rules and Regulations, the provisions of this Lease shall controlSection 40.10.
C. Permit the Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of the Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the Premises at all reasonable hours with reasonable advanced notice, for the purposes of inspection, or of making repairs, replacements or improvements in or to the Premises or the Building or equipment, or of complying with any laws, orders, and requirements of governmental or other authority or of exercising any right reserved to the Landlord by this Lease (including the right during the progress of any such repairs, replacements or improvements or while performing work and furnishing materials in connection with the compliance with any such laws, orders or requirements to keep and store within the Premises all necessary materials, tools and equipment). Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord or any mortgagee of the Landlord’s interest in the Land and/or Building, any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises or the Building or any parts thereof other than as specifically herein provided.
D. Not bring or keep in the Premises any property other than such as might normally be brought upon or kept in the Premises as an incident to the reasonable use of the Premises for the purposes herein specified.
E. Not violate, or permit the violation of, any reasonable conditions imposed by the Landlord’s insurance carriers of which conditions Tenant receives written notice thereof, and not do anything or permit anything to be done, or keep anything or permit anything to be kept, in the Premises, which would increase the insurance rates on the Building or the property therein, or which would result in insurance companies of good standing refusing to insure the Building or any such property in amounts and against risks as reasonably determined by the Landlord.
F. Permit the Landlord, during business hours, with reasonable advanced notice, within the six (6) month period next preceding the Termination Date with respect to all or any part of the Premises, to show the same to prospective new tenants.
G. Quit and surrender the Premises at the termination of this Lease broom clean and in good condition and with all installations, alterations, additions, and improvements, including partitions which may have been installed by either of the parties upon the Premises (except that the Tenant’s removable fixtures and furniture shall remain the Tenant’s property and the Tenant shall remove the same), ordinary wear and tear from reasonable use and damages caused by fire or other casualty or condemnation excepted. The Landlord and the Tenant specifically agree that, notwithstanding anything in this Lease to the contrary, the Tenant shall not be required to remove any alterations, installations, additions or improvements made by the Tenant upon the Premises nor to restore the Premises to its original condition prior to the Termination Date. The Tenant’s obligations to observe and perform this covenant shall survive the termination of this Lease.
H. At any time and from time to time upon not less than ten (10) days’ prior notice by the Landlord to the Tenant, execute, acknowledge and deliver to the Landlord, or to anyone the Landlord shall designate, a statement of the Tenant (or if the Tenant is a corporation, an appropriate officer of the Tenant) in writing certifying that (i) the Tenant has accepted the Premises, has made no advancements for or on behalf of the Landlord for which it has the right to conduct from or offset against future rentals as of the date of certification and the dates to which Rent has been paid in advance, if any, (ii) this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (iii) the Tenant is in full and complete possession, (iv) the Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which is not properly discharged or used, and (v) whether or not, to the best knowledge of the signer of such Certificate, the Landlord is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default of which the signer may have knowledge; it being intended that any such statement delivered pursuant hereto may be relied upon by any lessor under any ground or underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgagee, or assignee of any mortgage of the Building and/or the Land or of the Landlord’s interest therein.
I. Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and hold harmless the Landlord against and from any and all claims by or on behalf of any person or persons, firm or firms, corporations, arising from the conduct or management of or from any work or thing whatsoever done by or on behalf of the Tenant in or about the Premises as well as from the use and occupancy of the Premises by the Tenant, and further indemnify, defend and hold the Landlord harmless against and from any and all claims arising from any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend at the Tenant’s expense such action or proceeding by counsel reasonably satisfactory to the Landlord.
J. At the request of the Landlord only, the Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as the Landlord, in its sole discretion, shall deem necessary.
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