Tenant Covenants. Tenant covenants and agrees that Tenant will: A. Faithfully observe and comply with any reasonable Rules and Regulations as Landlord hereafter at any time or from time to time may make and may communicate in writing to Tenant, which, in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land and Building, or the preservation of good order therein, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (i) in the case of any conflict, 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. B. Permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the premises at all reasonable hours, 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 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 Landlord or any mortgagee of 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 Building or any parts thereof other than as 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 Landlord's insurance carriers, 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 Landlord. F. Permit Landlord, during business hours within the nine (9) 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 expiration or earlier termination of 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 and improvements, including partitions which may have been installed by either of the parties upon the premises (except that Tenant's removable fixtures and furniture shall remain Tenant's property, and Tenant shall remove the same). Tenant'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 prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that this Lease is unmodified and in full force and effect as modified and stating the modifications), and the dates to which rent has been paid in advance, and 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 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 of 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 Landlord's interest therein. I. Indemnify and save harmless 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 act or omission whatsoever done by or on behalf of Tenant in or about the demised premises as well as from the use and occupancy of the premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of 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 Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord. J. Not place this Lease on record without the prior written consent of Landlord. At the request of Landlord, Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as 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 reasonable 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 and BuildingLand, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance maintenance, insurance or safekeeping of the Land and BuildingLand, Building and/or the Premises, or the equipment thereof, or the comfort comfort, quiet and convenience of tenants or others in the BuildingEnterprise Business Center; provided, however, that (i) in the case of any conflictconflict 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 upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
B. 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 Premises at all reasonable hourshours with reasonable advanced notice, 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 carrierscarriers 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 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 hours, with reasonable advanced notice, within the nine six (96) 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 the term this Lease 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) the Tenant is in full and complete possession, (iv) the dates to Tenant has not discharged or used and does not discharge or use any hazardous or toxic substance or waste at the Premises which rent has been paid in advanceis not properly discharged or used, and 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 (v) whether or not, to the best knowledge of the signer of such certificate 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 of or 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. Indemnify Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and save 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 act work or omission thing whatsoever done by or on behalf of the Tenant in or about the demised premises Premises as well as from the use and occupancy of the premises Premises by the Tenant, and further indemnify indemnify, defend and save 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 ’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 Landlordthe 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. 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 (Integra Lifesciences Holdings Corp)
Tenant Covenants. 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 any reasonable Rules all applicable federal, state, and Regulations as Landlord hereafter at any time or local laws in effect from time to time may make and may communicate in writing to Tenantprohibiting discrimination or segregation by reason of age, whichrace, in the reasonable judgment of Landlordcreed, shall be necessary religion, sex, color, national origin, ancestry, sexual orientation or desirable for the reputationaffectional preference, safety, care or appearance of the Land and Buildingdisability, or the preservation of good order thereinmarital status (collectively, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (i"Prohibited Distinctions") in the case sale, lease, or occupancy of the Premises.
(b) Tenant shall not effect or execute any sublease of the Premises, or any part thereof, if restricted upon the basis of any conflictProhibited 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 regulations promulgated thereunder and orders of the Director of the Division of Labor Services (subject to any applicable future amendments to Executive Order No. 50), and Tenant shall incorporate the 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 terminate a Sublease as a result of a Subtenant’s failure to comply with 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 licenseesSection 40.10.
B. Permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the premises at all reasonable hours, 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 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 Landlord or any mortgagee of 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 Building or any parts thereof other than as 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 Landlord's insurance carriers, 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 Landlord.
F. Permit Landlord, during business hours within the nine (9) 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 expiration or earlier termination of 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 and improvements, including partitions which may have been installed by either of the parties upon the premises (except that Tenant's removable fixtures and furniture shall remain Tenant's property, and Tenant shall remove the same). Tenant'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 prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that this Lease is unmodified and in full force and effect as modified and stating the modifications), and the dates to which rent has been paid in advance, and 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 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 of 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 Landlord's interest therein.
I. Indemnify and save harmless 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 act or omission whatsoever done by or on behalf of Tenant in or about the demised premises as well as from the use and occupancy of the premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of 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 Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of Landlord, Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as 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
Tenant Covenants. Tenant covenants and agrees that Tenant will:
A. Faithfully observe and comply with any reasonable Rules and Regulations as which Landlord hereafter at any time or from time to time may make and may communicate in writing to Tenant, which, in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land and Building, or the preservation of good order therein, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (i) in the case of any conflict, 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.
B. Permit 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 Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the premises at all reasonable hours, 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 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); 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 Landlord or any mortgagee of 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 Building or any parts thereof other than as 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 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 Landlord's insurance carriers, 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 Landlord.
F. Permit Landlord, upon prior reasonable notice during business hours within with the nine six (96) 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 expiration or earlier termination of 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 and improvements, including partitions which may have been installed by either of the parties upon the premises (except that Tenant's removable trade fixtures and furniture shall remain Tenant's property, and Tenant shall remove the same). Tenant'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 prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that this Lease is unmodified and in full force and effect except as modified and stating the modifications), and the dates to which rent has been paid in advance, if any, and 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 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 of 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 Landlord's interest therein.
I. Indemnify and save harmless 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 act work or omission thing whatsoever done by or on behalf of Tenant in or about the demised premises Demised Premises as well as from the use and occupancy of the premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from breach or default beyond applicable notice and/or cure period on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence IN THE PREMISES of 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 Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of Landlord, Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as 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
Tenant Covenants. Tenant covenants and agrees that Tenant will:
A. Faithfully observe and comply with any the Rules and Regulations and such additional reasonable Rules and Regulations as Landlord hereafter at any time or from time to time may make and may communicate in writing to Tenant, which, in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land and Building, or the preservation of good order therein, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (iI) in the case of any conflict, 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.
B. Permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of Landlord therein and any lessor Landlord under any ground or underlying lease, and their representatives, to enter the premises Premises at all reasonable hours, 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 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 Landlord or any mortgagee of Landlord'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 Building or any parts thereof other than as 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 Landlord's insurance carriers, 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 Landlord.
F. Permit Landlord, during business hours within with the nine six (96) month period next preceding the 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 the term 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 and improvements, including partitions which may have been installed by either of the parties upon the premises Premises (except that Tenant's removable fixtures and furniture shall remain Tenant's property, and Tenant shall remove the same). Tenant'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 prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that this Lease is unmodified and in full force and effect except as modified and stating the modifications), and the dates to which rent has been paid in advance, if any, and 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 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 of or underlying lease, or any lessee Tenant or mortgagee, or any prospective purchaser, lesseeTenant, mortgagee, or assignee of any mortgage, of the Building and/or the Land or of Landlord's interest therein.
I. Indemnify and save harmless 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 act work or omission thing whatsoever done by or on behalf of Tenant in or about the demised premises Demised Premises as well as from the use and occupancy of the premises Premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of 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 Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord.
J. Not place record this Lease on record in the County Clerk's Office without the prior written consent of Landlord. At the request of Landlord, Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as Landlord, in its sole discretion, shall deem necessary. .
K. The recording of the this Lease or a memorandum thereof in violation of J. above by Tenant without Landlord's prior written consent shall constitute a default hereunder.
K. 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 Premises or this Lease with any real estate agent or broker, other than Broker named herein.
L. M. During the term Term hereof, maintain and deliver to Landlord public liability and property damage insurance policies (or certificates thereof) with respect to the premisesPremises, in which Landlord and Landlord's managing agent, Tenant and Landlord's mortgagee and/or ground lessorLandlord, 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 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 and Landlord's managing agent as additional insuredsinsured. 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. Tenant covenants and agrees that Tenant will:
A. (a) Faithfully observe and comply with any the Rules and Regulations set forth on Exhibit B hereto and such additional reasonable Rules and Regulations as Landlord hereafter at any time or from time to time may make and may communicate in writing to Tenant, which, which in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land and Building, or the preservation of good order therein, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (i) in the case of any conflictconflict 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 upon 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.
B. (b) Permit Landlord and any mortgagee of the Building or of the Building and the Land or of the interest of Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the premises Premises at all reasonable hourshours and upon reasonable notice,, for the purposes purpose 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, orders and requirements of governmental or other authority or of exercising any right reserved to 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 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 Landlord or any mortgagee of 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 Building or any parts partss thereof other than as herein provided.
C. (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 Ten ant or of any other person, unless caused by the negligence of Landlord, its employees, agents or servants.
D. (d) Not bring or keep in the premises Premises any property other than such as might normally be brought upon or kept left in the premises Premises as an incident to the tile reasonable use of the premises Premises for the purposes purpose herein specified.
E. (e) Not violate, or permit the violation of, : any reasonable conditions imposed by Landlord's ’s insurance carriers, and not or do anything or to 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 Landlord.
F. (f) Permit Landlord, during business hours within the nine three (93) month period next preceding the termination date with respect to all or any part of the premisesPremises, to show the same to prospective new tenantsTenants.
G. (g) Quit and surrender the premises Premises at the expiration or earlier termination of 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 their casualty, and, subject to Landlord's exercise of the election provided in Article 8, with all installations, alterations, additions and improvements, including partitions which may have been installed by either of the parties upon the premises (except that Tenant's ’s removable fixtures and furniture shall remain Tenant's ’s property, and Tenant shall remove the same). Tenant's ’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 days’ prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that 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), and the dates to which rent has been paid in advance, if any, and 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 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 of underlying lease, or any lessee or mortgagee, or any prospective purchaser, lessee, mortgageemollgagee, or assignee of any mortgage, of the tile Building and/or the tile Land or of Landlord's ’s interest therein.
I. (i) Indemnify and save harmless 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 act work or omission thing whatsoever done by or on behalf of Tenant in or about the demised premises Premises as well as from the use and occupancy of the premises Premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant Ten ant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of 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 Landlord by reason of any such claim, Tenant, Tenant upon notice from Landlord, covenants to resist or defend at Tenant's ’s expense such action or proceeding by counsel reasonably satisfactory to Landlord.
J. (j) Not place this Lease on record without the prior written consent of Landlord. At the request of Landlord, Tenant will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as 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 proceedingk) 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 policy (or certificates thereof) with respect to the premisesPremises, in which Landlord and Landlord's managing agent, Tenant and Landlord's ’s mortgagee and/or ground lessor, if required, shall be named as additional insureds, for a minimum of of: One Million ($1,000,0001,000,000.00) Dollars combined single limit for coverage purposes only, and with no obligation on the part of Landlord, Landlord's ’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 ten (1510) days days’ notice to Landlord of cancellation and shall name Landlord and Landlord's managing agent as additional insuredsinclude 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. 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 reasonable 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 and BuildingLand, Building and/or the Premises, or the preservation of good order therein, or the operation, maintenance maintenance, insurance or safekeeping of the Land and BuildingLand, Building and/or the Premises, or the equipment thereof, or the comfort comfort, quiet and convenience of tenants or others in the BuildingEnterprise Business Center; provided, however, that (i) in the case of any conflictconflict 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 upon any other tenant, its servants, employees, agents, visitors, invitees, subtenants or licensees.
B. 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 Premises at all reasonable hourshours with reasonable advanced notice, 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 carrierscarriers 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 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 hours, with reasonable advanced notice, within the nine six (96) 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 the term this Lease 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) the Tenant is in full and complete possession, (iv) the dates to Tenant has not released, disposed or used and does not release, dispose or use any hazardous or toxic substance or waste at the Premises which rent has been paid in advanceis not properly handled or used, and 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 (v) whether or not, to the best knowledge of the signer of such certificate 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 of or 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. Indemnify Except for the willful or negligent acts of the Landlord, its agents or employees, indemnify, defend and save 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 act work or omission thing whatsoever done by or on behalf of the Tenant in or about the demised premises Premises as well as from the use and occupancy of the premises Premises by the Tenant, and further indemnify indemnify, defend and save 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 ’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 Landlordthe 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. 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 (Integra Lifesciences Holdings Corp)
Tenant Covenants. Tenant covenants and agrees that Tenant will:
A. Faithfully observe and comply with any reasonable Rules and Regulations as which Landlord hereafter at any time or from time to time may make and may communicate in writing to Tenant, which, in the reasonable judgment of Landlord, shall be necessary or desirable for the reputation, safety, care or appearance of the Land and Building, or the preservation of good order therein, or the operation, maintenance or safekeeping of the Land and Building, or the equipment thereof, or the comfort of tenants or others in the Building; provided, however, that (i) in the case of any conflict, 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.
B. Permit 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 Landlord therein and any lessor under any ground or underlying lease, and their representatives, to enter the premises at all reasonable hours, 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 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 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 Landlord or any mortgagee of 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 Building or any parts thereof other than as 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 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 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 Landlord's insurance carriers, 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 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 Landlord.
F. Permit Landlord, upon prior reasonable notice during business hours within with the nine six (96) 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 expiration or earlier termination of 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 and improvements, including partitions which may have been installed by either of the parties upon the premises (except that Tenant's removable fixtures trade fixtures, personal property and furniture shall remain Tenant's property, and Tenant shall remove the same). Tenant'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 prior notice by Landlord to Tenant, execute, acknowledge and deliver to Landlord, or to anyone Landlord shall designate, a statement of Tenant (or if Tenant is a corporation, an appropriate officer of Tenant) in writing certifying that this Lease is unmodified and in full force and effect (except as modified and stating the modifications), and the dates to which rent has been paid in advance, if any, and 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 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 of 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 Landlord's interest therein.
I. Indemnify Except to the extent caused by the negligence or willful misconduct of Landlord, its contractors, agents or employees, indemnify and save harmless 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 act work or omission thing whatsoever done by or on behalf of Tenant in or about the demised premises Demised Premises as well as from the use and occupancy of the premises by Tenant, and further indemnify and save Landlord harmless against and from any and all claims arising from breach or default beyond applicable notice and/or cure period on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence in the premises of 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 Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend at Tenant's expense such action or proceeding by counsel reasonably satisfactory to Landlord.
J. Not place this Lease on record without the prior written consent of Landlord. At the request of LandlordLandlord or Tenant, Tenant and Landlord will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as Landlord, in its sole discretion, Landlord and Tenant 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.
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Samples: Lease Agreement (Qmed Inc)