Common use of TENANT’S AGREEMENTS Clause in Contracts

TENANT’S AGREEMENTS. Tenant hereby represents, warrants, covenants and agrees that: (i) Tenant shall not pay any rent under the Lease more than one month in advance of the date due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, above, Tenant has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant hereafter acquires any such additional rights or options, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Property.

Appears in 3 contracts

Samples: Lease Agreement (Ionis Pharmaceuticals Inc), Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)

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TENANT’S AGREEMENTS. a. Tenant hereby representsshall maintain the rented premises in a clean and orderly condition, warrantsand at the termination of this tenancy, covenants for any reason, Tenant shall return said premises to Landlord/Agent, including all keys, in as good condition as when received, excluding reasonable wear and tear. b. The premises shall be used only for the purposes of a single family dwelling unit, and no livestock shall be kept thereon unless expressly stated in the attached instrument. Tenants shall make no unlawful uses of the premises, nor shall any nuisance or any dangerous activities or use carried on which will or can adversely affect fire insurance ratings or constitute any hazard to the premises. c. If utilities are furnished, or to the extent utilities are furnished, Tenant agrees to conserve the same. Should Tenant’s usage be excessive in the opinion of the Landlord/Agent, Landlord/Agent reserves the right to make an extra charge for such excessive use. d. If utilities essential to the heating of the premises are not furnished, Tenant agrees to provide said utilities and to pay promptly all charges which shall be made by the utility company furnishing the same. If Tenant is responsible for providing heating, Tenant expressly assumes the risk of loss or damage to the premises, and shall pay for all such loss or damage caused by any freezing which results from Tenant’s failure to provide proper heating or any shut off of utilities due to nonpayment of bills by Tenant. Tenant agrees to transfer required utilities into their name prior to or at the latest, at the time of occupying the rental or a $45 billing fee, per utility account and per billing, will be charged by LPM. e. Upon vacating the premises, Tenant shall make sure that all light bulbs are operable. f. If Tenant leaves the premises in a condition contrary to the requirements of this agreement at the termination hereof, Tenant agrees to pay the cost of cleaning or repairs necessary to correct such condition, and agrees that: (i) that the security deposit paid to Landlord/Agent may be applied to such purpose to the extent necessary and will pay all and any charges that exceed the security deposit immediately. If Tenant is unable to pay these fees, Tenant agrees to set up a payment arrangement with Landlord/Agent within 10 days. Tenant further agrees to be responsible for Landlord/Agent’s loss of rental income during any period, which is reasonably required to perform such cleaning or repairs, and agrees that the security deposit paid to Landlord/Agent may also be applied toward the same. g. If the rented premise is an apartment or mobile home/trailer/RV, Tenant agrees not to play any musical instruments, radio, television, or other electronic devices set loud enough to be heard by the other tenants during the hours before 8:00 A.M. or after 10:00 P.M. No washing machines may be installed in an apartment premises without Landlord/Agent’s prior permission. No outdoor radio or television antennae of any kind may be installed in or about apartment or mobile home/trailer/RV premises. h. Tenant shall not pay post any rent under signs or advertising material at any location in or upon the Lease more than one month in advance rented premises. i. If any inventory of the date due except as expressly required in the Lease with respect personal property (Landlord/agent’s) is attached to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, abovethis agreement, Tenant has no right or option agrees that all of any nature whatsoeversuch property is present upon the premises and is in good state of repair and that the apartment is in clean condition, whether pursuant except to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the such extent that Tenant hereafter acquires may advise Landlord/Agent within (7) days after taking possession of the premises. j. Tenant agrees to drive no tacks, nails or screws into the woodwork of the rented premises. Tenant agrees not to drive large nails, screws or xxxxx bolts in the walls of the rented premises. Tenant also agrees not to install any such additional rights ceiling hooks in the rented premises. If the rented premise has ceiling cable heat, Tenant agrees to never drive any nails, screws, tacks or options, any object into the same is hereby acknowledged to be subject and subordinate to ceiling of the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and rented premises. k. Smoking within the same time period required dwelling and structures of the property is specifically prohibited. Smoking related damages are considered in excess of normal wear and tear. Smoking damages of any magnitude will require complete painting, blind cleaning and thorough surface cleaning. All costs associated with smoking damage shall be the responsibility of the Tenant. l. If the rented premise is an apartment or mobile home/trailer/RV, Tenant agrees to abide by the Lease, deliver to Agent, such reasonable rules and regulations as Landlord/Agent may from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting time establish for all Tenants of a non-disturbance agreement such apartment building or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertytrailer park.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

TENANT’S AGREEMENTS. Tenant hereby represents, warrants, covenants warrants and agrees that: that Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all Environmental Laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Appropriate Authority because of Hazardous Material present in the soil or ground water on or under the Premises or the Center generally. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises or the Center generally, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises or the Center generally. It shall not be unreasonable for Landlord to withhold its consent to any proposed Transfer otherwise permitted pursuant to Section 7 of the Lease if (i) Tenant shall not pay any rent under the Lease more than one month in advance proposed Transferee's anticipated use of the date due except as expressly required in Premises involves the Lease with respect to security depositsgeneration, operating expensesstorage, taxes and the likeuse, treatment or disposal of Hazardous Material; (ii) Tenant shall have no right the proposed Transferee has been required by any prior landlord, lender or governmental authority to appear take remedial action in any Foreclosure action under connection with Hazardous Material contaminating a property if the Security Instrument (unless named by Agent contamination resulted from such Transferee's actions or use of the property in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes)question; or (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right proposed Transferee is subject to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to an enforcement order issued by any assignments/subletting of Lease undertaken Appropriate Authority in connection with the terms and provisions set forth in the Leaseuse, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments disposal or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, above, Tenant has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant hereafter acquires any such additional rights or options, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting storage of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Property.Hazardous Material. [SEE RIDER]

Appears in 1 contract

Samples: Office Lease Agreement (Costar Group Inc)

TENANT’S AGREEMENTS. The Tenant agrees with the Council to observe and perform the conditions and obligations set out below: 3.1 To pay the rent hereby represents, warrants, covenants and agrees that: (i) Tenant reserved without deduction otherwise than allowed by statute on the Rent Payment Day 3.2 The Allotment Plot shall not pay be used for any rent under purpose other than as an allotment and in particular (without prejudice to the Lease more generality hereof) the Allotment Plot shall not be used for the purposes of any trade or business and is not to be used to grow or allow to be grown any crops specifically for commercial purposes 3.3 The Allotment Plot shall be kept free from weeds and well manured and otherwise maintained in a proper state of cultivation and fertility and in good condition and any pathway or cart-track included therein or abutting thereon shall be kept reasonably free from weeds 3.4 To provide a minimum space of nine inches from the centre of each peg bounding the Allotment Plot for use as a division path between the Allotment Plot and the adjoining Allotment Plot. 3.5 Not to burn or permit or allow the burning of rubbish other than one month in advance normal garden waste on the Allotment Plot 3.6 Not to allow or permit any bonfire to cause a nuisance to residents of adjacent property or to the occupier of any other Allotment Plot. 3.7 No nuisance or annoyance shall be caused or permitted to adjacent property or to the occupier of any other allotment plot, nor other land belonging to the Council and no obstruction or encroachment shall be caused or permitted on any path or roadway set out by the Council for the use of the date due except as expressly required in occupiers of the Lease Allotment Site 3.8 To observe and comply fully with respect all enactments statutory instruments local parochial or other byelaws orders or regulations affecting the Allotment Plot 3.9 Not to security deposits, operating expenses, taxes and assign underlet or part with the like; (ii) Tenant shall have no right to appear in possession of the Allotment Plot or any Foreclosure action under part or parts thereof without the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates of the Council 3.10 No timber or other trees belonging to the Council upon any assignments/subletting part of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval Allotment Site shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease cut or pruned and assignments no mineral gravel sand earth or sublets that do not require clay shall be taken or carried away therefrom without the consent of the Landlord pursuant Council EXCEPT THAT this restriction does not apply to timber or other trees belonging to the terms Tenant on the Allotment Plot 3.11 To keep every hedge that forms part of the Lease)Allotment Plot properly cut and trimmed, keep any ditches on the Allotment Plot properly cleansed, and maintain and keep in repair any attempted amendment fence and gates on the Allotment Plot. 3.12 Not to erect or modification, assignment allow to be erected any buildings or subletting, cancellation structures on the Allotment Plot except garden sheds or termination greenhouses or polytunnels and not exceeding a measurement 8 feet by 6 feet by 7 feet high. 3.13 Not to use or allow to be used any barbed wire for any fence adjoining any path set out by the Council for the use of occupiers of the Lease in violation Allotment Site or any part thereof 3.14 Not to plant or allow to be planted any trees which require more than twelve (12) months to mature without the written consent of the foregoing Council 3.15 Not to deposit, or allow other persons to deposit, on the Allotment Plot any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation) or place any matter in the xxxxxx, ditches or xxxxx situate in the Allotment Site of which the Allotment Plot forms part or in any adjoining land. 3.16 Not to bring any dog into the Allotment Site of which the Allotment Plot forms part or cause one to be brought in unless a) the dog is held on a leash and kept under control by the dog owner and/or handler and b) if the dog owner/handler does bring a dog or dogs into the Allotment Site the Tenant will be responsible for ensuring that any excrement deposited by the dog or dogs on the Allotment Site is immediately removed 3.17 Not to keep any animals or livestock of any kind on the Allotment Plot or the Allotment Site 3.18 Not to erect or allow to be erected any commercial notice or advertisement on the Allotment Plot 3.19 When using sprays or fertilizers the Tenant must take all reasonable care to ensure that adjoining xxxxxx trees and crops are not adversely affected and must make good or replant as necessary should any damage occur and so far as possible select and use chemicals whether for spraying seed dressing or for any other purpose whatsoever that will cause the least harm to members of the public and wildlife other than vermin or pests and to comply at all times with current regulations 3.20 That the Council or it’s agents shall be of no force or effect as have the right to Agent; (iv) Tenant shall not subordinate the Lease refuse admittance to any lien or encumbrance (person other than the Security InstrumentTenant or persons authorised by the Tenant to the Allotment Site unless accompanied by the Tenant 3.21 That any case of dispute between the Tenant and any other occupier of an Allotment Plot shall be referred to the Council or appropriate Allotment Association Committee where applicable and that the Council or the appropriate Allotment Association Committee (as the case may be) without Agent’s prior written consent; will deal with any appeal and the decision of the Council or the appropriate Allotment Association Committee (vas the case may be) except as expressly set forth shall be final. 3.22 That the Tenant shall inform the Council or the Allotment Association where applicable forthwith in Section 6, above, Tenant has no right or option writing of any nature whatsoever, whether pursuant to change of his address. 3.23 That the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant hereafter acquires any such additional rights or options, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to yield up the same extent Allotment Plot at the determination of the tenancy hereby created in such condition as shall be in compliance with the agreements contained in this Agreement. 3.24 That any officer or agent of the Council or the Allotment Association may enter and within inspect the same time period required Allotment Plot when so directed by the Lease, deliver to Agent, from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Property.Council

Appears in 1 contract

Samples: Allotment Agreement

TENANT’S AGREEMENTS. The Tenant agrees with the Council to observe and perform the conditions and obligations set out below: 3.1 To pay the rent hereby represents, warrants, covenants and agrees that: (i) Tenant reserved without deduction otherwise than allowed by statute on the Rent Payment Day 3.2 The Allotment Plot shall not pay be used for any rent under purpose other than as an allotment and in particular (without prejudice to the Lease more generality hereof) the Allotment Plot shall not be used for the purposes of any trade or business and is not to be used to grow or allow to be grown any crops specifically for commercial purposes 3.3 The Allotment Plot shall be kept free from weeds and well manured and otherwise maintained in a proper state of cultivation and fertility and in good condition and any pathway or cart-track included therein or abutting thereon shall be kept reasonably free from weeds 3.4 To provide a minimum space of nine inches from the centre of each peg bounding the Allotment Plot for use as a division path between the Allotment Plot and the adjoining Allotment Plot. 3.5 Not to burn or permit or allow the burning of rubbish other than one month in advance normal garden waste on the Allotment Plot 3.6 Not to allow or permit any bonfire to cause a nuisance to residents of adjacent property or to the occupier of any other Allotment Plot. 3.7 No nuisance or annoyance shall be caused or permitted to adjacent property or to the occupier of any other allotment plot, nor other land belonging to the Council and no obstruction or encroachment shall be caused or permitted on any path or roadway set out by the Council for the use of the date due except as expressly required in occupiers of the Lease Allotment Site 3.8 To observe and comply fully with respect all enactments statutory instruments local parochial or other byelaws orders or regulations affecting the Allotment Plot 3.9 Not to security deposits, operating expenses, taxes and assign underlet or part with the like; (ii) Tenant shall have no right to appear in possession of the Allotment Plot or any Foreclosure action under part or parts thereof without the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates of the Council 3.10 No timber or other trees belonging to the Council upon any assignments/subletting part of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval Allotment Site shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease cut or pruned and assignments no mineral gravel sand earth or sublets that do not require clay shall be taken or carried away therefrom without the consent of the Landlord pursuant Council EXCEPT THAT this restriction does not apply to timber or other trees belonging to the terms Tenant on the Allotment Plot 3.11 To keep every hedge that forms part of the Lease)Allotment Plot properly cut and trimmed, keep any ditches on the Allotment Plot properly cleansed, and maintain and keep in repair any attempted amendment fence and gates on the Allotment Plot. 3.12 Not to erect or modification, assignment allow to be erected any buildings or subletting, cancellation structures on the Allotment Plot except garden sheds or termination greenhouses or poly tunnels not exceeding a measurement 8 feet by 6 feet in width and depth and 7 feet in height. 3.13 Not to use or allow to be used any barbed wire for any fence adjoining any path set out by the Council for the use of occupiers of the Lease in violation Allotment Site or any part thereof 3.14 Not to plant or allow to be planted any trees which require more than twelve (12) months to mature without the written consent of the foregoing Council 3.15 Not to deposit, or allow other persons to deposit, on the Allotment Plot any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation) or place any matter in the xxxxxx, ditches or xxxxx situate in the Allotment Site of which the Allotment Plot forms part or in any adjoining land. 3.16 Not to bring any dog into the Allotment Site of which the Allotment Plot forms part or cause one to be brought in unless a) the dog is held on a leash and kept under control by the dog owner and/or handler and b) if the dog owner/handler does bring a dog or dogs into the Allotment Site the Tenant will be responsible for ensuring that any excrement deposited by the dog or dogs on the Allotment Site is immediately removed 3.17 Not to keep any animals or livestock of any kind on the Allotment Plot or the Allotment Site 3.18 Not to erect or allow to be erected any commercial notice or advertisement on the Allotment Plot 3.19 When using sprays or fertilizers the Tenant must take all reasonable care to ensure that adjoining xxxxxx trees and crops are not adversely affected and must make good or replant as necessary should any damage occur and so far as possible select and use chemicals whether for spraying seed dressing or for any other purpose whatsoever that will cause the least harm to members of the public and wildlife other than vermin or pests and to comply at all times with current regulations 3.20 That the Council or it’s agents shall be of no force or effect as have the right to Agent; (iv) Tenant shall not subordinate the Lease refuse admittance to any lien or encumbrance (person other than the Security InstrumentTenant or persons authorised by the Tenant to the Allotment Site unless accompanied by the Tenant 3.21 That any case of dispute between the Tenant and any other occupier of an Allotment Plot shall be referred to the Council or appropriate Allotment Association Committee where applicable and that the Council or the appropriate Allotment Association Committee (as the case may be) without Agent’s prior written consent; will deal with any appeal and the decision of the Council or the appropriate Allotment Association Committee (vas the case may be) except as expressly set forth shall be final. 3.22 That the Tenant shall inform the Council or an appropriate Allotment Association Committee where applicable forthwith in Section 6, above, Tenant has no right or option writing of any nature whatsoever, whether pursuant to change of his address. 3.23 That the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant hereafter acquires any such additional rights or options, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to yield up the same extent Allotment Plot at the determination of the tenancy hereby created in such condition as shall be in compliance with the agreements contained in this Agreement. 3.24 That any officer or agent of the Council may enter and within inspect the same time period required Allotment Plot when so directed by the Lease, deliver to Agent, from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Property.Council

Appears in 1 contract

Samples: Allotment Agreement

TENANT’S AGREEMENTS. Tenant hereby represents, warrants, covenants and agrees that: (i) Tenant shall not pay any rent under the Lease more than one month in advance of the date due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes)Instrument; (iii) Tenant shall not amend or modifymodify the Lease, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without AgentLender’s prior written consent (consent, except as expressly provided that, (xin Section(s) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require [to be filled in at the consent time of the Landlord pursuant to the terms of the Lease)execution], and any attempted amendment or amendment, modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to AgentLender; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without AgentLender’s prior written consent; (v) Tenant shall promptly (or within the applicable period of time provided for in the Lease) deliver to Lender, from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vi) except as expressly set forth in Section 6, aboveArticle XVIII of the Lease, Tenant has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant has, has had, or hereafter acquires any such additional rights right or optionsoption, other than as set forth in Article XVIII, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, from time to time, a written estoppel statement in the formLender, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertyagreement.

Appears in 1 contract

Samples: Lease Agreement (LogMeIn, Inc.)

TENANT’S AGREEMENTS. a. Tenant hereby representsshall maintain the rented premises in a clean and orderly condition. The premises shall be used only for the purposes of a single family dwelling unit, warrantsand no livestock shall be kept thereon unless expressly stated in the attached instrument, covenants Tenants shall make no unlawful uses of the premises, nor shall any nuisance be maintained nor any dangerous activities or use carried on which will or can adversely affect fire insurance ratings or constitute any hazard to the premises. b. If utilities are furnished, or to the extent utilities are furnished, Tenant agrees to conserve the same. Should Tenant’s usage be excessive in the opinion of the Landlord/Agent, Landlord/Agent reserves the right to make an extra charge for such excessive use. c. Tenant expressly assumes the risk of loss or damage to the premises and shall pay for all such loss or damage caused by any freezing which results from Tenant’s failure to provide proper heating or any shut off of utilities due to nonpayment of bills by Tenant. Tenant agrees to transfer required utilities into their name at time of occupying the rental or a $45 billing fee, per utility account, will be charged by Law Property Management. d. If Tenant leaves the premises in a condition contrary to the requirements of this agreement at the termination hereof, Tenant agrees to pay the cost of cleaning or repairs necessary to correct such condition, and agrees that: (i) that the security deposit paid to Landlord/Agent may be applied to such purpose to the extent necessary and will pay all and any charges that exceed the security deposit immediately. If Tenant is unable to pay these fees, Tenant agrees to set up a payment arrangement with Landlord/Agent within 10 days. Tenant further agrees to be responsible for Landlord/Agent’s loss of rental income during any period, which is reasonably required to perform such cleaning or repairs in such event, and agrees that the security deposit paid to Landlord/Agent may also be applied toward the same. e. Tenant agrees not to play any musical instruments, radio, or television set loud enough to be heard by other tenants during the hours before 8:00 A.M. or after 10:00 P.M. No outdoor radio or television antennae of any kind may be installed in or about premises. f. Tenant shall not pay post any rent under signs or advertising material at any location in or upon the Lease more than one month in advance demised premises. g. If any inventory of the date due except as expressly required in the Lease with respect personal property is attached to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, abovethis agreement, Tenant has no right or option agrees that all of any nature whatsoeversuch property is present upon the premises and is in good state of repair and that the premise is in clean condition, whether pursuant except to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the such extent that Tenant hereafter acquires any may advise Landlord/Agent within (7) days after taking possession of the premises. h. If the rented premise is in a mobile home park, tenant agrees to abide by such additional rights or options, the same is hereby acknowledged to be subject reasonable rules and subordinate to the Security Instrument and is hereby waived and released regulations as against Landlord/Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, may from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting time establish for all Tenants of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertymobile home park.

Appears in 1 contract

Samples: Mobile Home Lease Agreement

TENANT’S AGREEMENTS. Tenant hereby represents, warrants, covenants and agrees that: (i) Tenant shall not pay any rent under the Lease more than one month in advance of the date due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure foreclosure action under the Security Instrument (unless named by Agent Lender in such action, Agent Lender agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modifymodify the Lease, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s Lender's prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease)consent, and any attempted amendment or amendment, modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to AgentLender except that Lender or any Successor agrees to be bound by and subject to any termination of the Lease after the date hereof as a result of Tenant exercising Tenant’s termination rights under Sections 12.2, 13.1 or 42.1 of the Lease or Section 13 of the Work Letter; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s Lender's prior written consent; (v) except as expressly set forth Tenant shall promptly (or within the applicable period of time provided for in Section 6the Lease) deliver to Lender, abovefrom time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vi) Tenant has no right or option of any nature whatsoever, whether pursuant to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the extent that Tenant has, has had, or hereafter acquires any such additional rights right or optionsoption, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, from time to time, a written estoppel statement in the formLender, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) agreement. Nothing in this Section 7 shall prohibit Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under from its express rights to terminate the Lease is assigned pursuant to Agent solely as security for the obligations secured by the Security InstrumentSections 12.2, and neither Agent nor the Lenders shall have any duty, liability 13.1 or obligation under 42.1 of the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to Section 13 of the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the PropertyWork Letter.

Appears in 1 contract

Samples: Lease (Alexion Pharmaceuticals Inc)

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TENANT’S AGREEMENTS. a. Tenant hereby representsshall maintain the rented premises in a clean and orderly condition, warrantsand at the termination of this tenancy, covenants for any reason, Tenant shall return said premises to Landlord/Agent, including all keys, in as good condition as when received, excluding reasonable wear and tear. b. The premises shall be used only for the purposes of a single-family dwelling unit, and no livestock shall be kept thereon unless expressly stated in the attached instrument. Tenants shall make no unlawful uses of the premises, nor shall any nuisance or any dangerous activities or use carried on which will or can adversely affect fire insurance ratings or constitute any hazard to the premises. c. If utilities are furnished, or to the extent utilities are furnished, Tenant agrees to conserve the same. Should Tenant’s usage be excessive in the opinion of the Landlord/Agent, Landlord/Agent reserves the right to make an extra charge for such excessive use. d. If utilities essential to the heating of the premises are not furnished, Tenant agrees to provide said utilities and to pay promptly all charges which shall be made by the utility company furnishing the same. If Tenant is responsible for providing heating, Tenant expressly assumes the risk of loss or damage to the premises, and shall pay for all such loss or damage caused by any freezing which results from Tenant’s failure to provide proper heating or any shut off of utilities due to nonpayment of bills by Tenant. Tenant agrees to transfer required utilities into their name prior to or at the latest, at the time of occupying the rental or a $45 billing fee, per utility account and per billing, will be charged by LPM. e. Upon vacating the premises, Tenant shall make sure that all light bulbs are operable. f. If Tenant leaves the premises in a condition contrary to the requirements of this agreement at the termination hereof, Tenant agrees to pay the cost of cleaning or repairs necessary to correct such condition, and agrees that: (i) that the security deposit paid to Landlord/Agent may be applied to such purpose to the extent necessary and will pay all and any charges that exceed the security deposit immediately. If Tenant is unable to pay these fees, Tenant agrees to set up a payment arrangement with Landlord/Agent within 10 days. Tenant further agrees to be responsible for Landlord/Agent’s loss of rental income during any period, which is reasonably required to perform such cleaning or repairs, and agrees that the security deposit paid to Landlord/Agent may also be applied toward the same. g. If the rented premise is an apartment or mobile home/trailer/RV, Tenant agrees not to play any musical instruments, radio, television, or other electronic devices set loud enough to be heard by the other tenants during the hours before 8:00 A.M. or after 10:00 P.M. No washing machines may be installed in an apartment premises without Landlord/Agent’s prior permission. No outdoor radio or television antennae of any kind may be installed in or about apartment or mobile home/trailer/RV premises. h. Tenant shall not pay post any rent under signs or advertising material at any location in or upon the Lease more than one month rented premises. i. If any inventory of personal property (Landlord/agent’s) is attached to this agreement, Tenant agrees that all of such property is present upon the premises and is in advance good state of repair and that the apartment is in clean condition, except to such extent that Tenant may advise Landlord/Agent within (7) days after taking possession of the date due except as expressly required premises. j. Tenant agrees to drive no tacks, nails, or screws into the woodwork of the rented premises. Tenant agrees not to drive pins, large nails, screws, or xxxxx bolts in the Lease with respect to security deposits, operating expenses, taxes and walls of the like; (ii) rented premises. Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however also agrees not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to install any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth ceiling hooks in the Lease, Agent shall have rented premises. If the same approval rights as the Landlord rented premise has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, aboveceiling cable heat, Tenant has no right or option of agrees to never drive any nature whatsoevernails, whether pursuant to the Lease or otherwisescrews, to purchase the Propertytacks, or any portion thereof or object into the ceiling of the rented premises. k. Smoking within the dwelling and structures of the property is specifically prohibited. Smoking related damages are considered not to be normal wear and tear. Smoking damages of any interest thereinmagnitude will require complete painting, cleaning of blinds, and thorough surface cleaning. All costs associated with smoking damage shall be the responsibility of the Tenant. l. If the rented premise is an apartment or mobile home/trailer/RV, Tenant agrees to the extent that Tenant hereafter acquires any abide by such additional rights or options, the same is hereby acknowledged to be subject reasonable rules and subordinate to the Security Instrument and is hereby waived and released regulations as against Landlord/Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, may from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting time establish for all Tenants of a non-disturbance agreement such apartment building or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertytrailer park.

Appears in 1 contract

Samples: Lease Agreement

TENANT’S AGREEMENTS. a. Tenant hereby representsshall maintain the rented premises in a clean and orderly condition. The premises shall be used only for the purposes of a single family dwelling unit, warrantsand no livestock shall be kept thereon unless expressly stated in the attached instrument, covenants Tenants shall make no unlawful uses of the premises, nor shall any nuisance be maintained nor any dangerous activities or use carried on which will or can adversely affect fire insurance ratings or constitute any hazard to the premises. b. If utilities are furnished, or to the extent utilities are furnished, Tenant agrees to conserve the same. Should Tenant’s usage be excessive in the opinion of the Landlord/Agent, Landlord/Agent reserves the right to make an extra charge for such excessive use. c. Tenant expressly assumes the risk of loss or damage to the premises, and shall pay for all such loss or damage caused by any freezing which results from Tenant’s failure to provide proper heating or any shut off of utilities due to nonpayment of bills by Tenant. Tenant agrees to transfer required utilities into their name within at time of occupying the rental or a $45 billing fee, per utility account, will be charged by Law Property Management. d. If Tenant shall leave the premises in a condition contrary to the requirements of this agreement at the termination hereof, Tenant agrees to pay the cost of cleaning or repairs necessary to correct such condition, and agrees that: (i) that the security deposit paid to Landlord/Agent may be applied to such purpose to the extent necessary and will pay all and any charges that exceed the security deposit immediately. If Tenant is unable to pay these fees, Tenant agrees to set up a payment arrangement with Landlord/Agent within 10 days. Tenant further agrees to be responsible for Landlord/Agent’s loss of rental income during any period, which is reasonable required to perform such cleaning or repairs in such event, and agrees that the security deposit paid to Landlord/Agent may also be applied toward the same. e. Tenant agrees not to play any musical instruments, radio, or television set loud enough to be heard by the tenants during the hours before 8:00 A.M. or after 10:00 P.M. No outdoor radio or television antennae of any kind may be installed in or about premises. f. Tenant shall not pay post any rent under signs or advertising material at any location in or upon the Lease more than one month in advance demised premises. g. If any inventory of the date due except as expressly required in the Lease with respect personal property is attached to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth in the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Security Instrument) without Agent’s prior written consent; (v) except as expressly set forth in Section 6, abovethis agreement, Tenant has no right or option agrees that all of any nature whatsoeversuch property is present upon the premises and is in good state of repair and that the apartment is in clean condition, whether pursuant except to the Lease or otherwise, to purchase the Property, or any portion thereof or any interest therein, and to the such extent that Tenant hereafter acquires any may advise Landlord/Agent within (7) days after taking possession of the premises. h. If the rented premise is a trailer park, tenant agrees to abide by such additional rights or options, the same is hereby acknowledged to be subject reasonable rules and subordinate to the Security Instrument and is hereby waived and released regulations as against Landlord/Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required by the Lease, deliver to Agent, may from time to time, a written estoppel statement in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting time establish for all Tenants of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertytrailer park.

Appears in 1 contract

Samples: Mobile Home Lease Agreement

TENANT’S AGREEMENTS. The Tenant hereby represents, warrants, covenants and agrees that: with the Landlord:- (i) PAYMENTS to pay:- (a) the rent without any set off or counterclaim in accordance with Clause 2; (b) all rates, taxes, assessments, duties, charges, impositions and outgoings that are or now or may at any time during the Term be charged, assessed or imposed upon the Land or upon the owner or occupier of it. The Tenant shall not must also pay and indemnify the Landlord against the proportion reasonably attributable to the Land of all rates, taxes, assessments, duties, charges, impositions and outgoings that are now or may at any rent under time during the term be charged, assessed or imposed on the Land and any other property including Adjoining Property or on their owners or occupiers; (c) the stamp duty on this Lease more than and on one month in advance copy and its own legal fees; and (d) to the Landlord on an indemnity basis all costs, fees, charges, disbursements and expenses including without prejudice to the generality of the date above those payable to counsel, solicitors, surveyors and bailiffs incurred by the Landlord in relation to or incidental:- (1) Every application made by the Tenant for a consent or licence required by the provisions of this Lease whether it is granted, refused or offered subject to any qualification or condition or the application is withdrawn (2) The contemplation, preparation and service of any notices under this Lease or in contemplation of proceedings against the Tenant even if forfeiture is avoided otherwise than by relief granted by the court (3) The recovery or attempted recovery of arrears of rent or other sums due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the this Lease and Tenant shall have no right to cancel any steps taken in contemplation of or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms preparation and provisions set forth in service of a schedule of dilapidation during or after the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent end of the Landlord pursuant Term. REPAIR (a) to the terms keep every part of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance Land (other than the Security InstrumentBuilding) without Agent’s prior written consentand the interior of the RO Area and all fixtures, fittings and equipment in it owned by the Landlord in good condition, clean, tidy and well-decorated, fair wear and tear and damage of which the Tenant, its licensees, invitees or visitors are not the cause excepted; and (vb) except to permit the Landlord and its agents to paint or treat the outside of the Building and all doors leading into the RO Area and the outside of all windows and walls in the RO Area in such colour and manner as expressly set forth in Section 6the Landlord decides. NO ALTERATION (iii) not to alter, above, Tenant has no right cut or option of any nature whatsoever, whether pursuant to damage the Lease or otherwise, to purchase the Property, RO Area or any portion thereof or any interest therein, and other part of the Building without the Landlord's consent (which is deemed to be given to the extent that Tenant hereafter acquires any such additional rights or options, it is within the same is hereby acknowledged to be subject and subordinate to the Security Instrument RO Area and is hereby waived required for the operation of the Tenant's business situated therein) and released as against Agent not to make any exterior alteration in the appearance of the Building; and any Successor, (vi) Tenant shall promptlyif it does so, to pay the same extent and within Landlord on demand the same time period required by entire cost which the Lease, deliver to Agent, from time to time, a written estoppel statement Landlord incurs in the form, and with the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement repairing or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Propertyreplacing that damage.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Consolidated Water Co LTD)

TENANT’S AGREEMENTS. The Tenant hereby represents, warrants, covenants and agrees that: with the Landlord:- (i) PAYMENTS to pay:- (a) the rent without any set off or counterclaim in accordance with Clause 2; (b) all rates, taxes, assessments, duties, charges, impositions and outgoings that are or now or may at any time during the Term be charged, assessed or imposed upon the Land or upon the owner or occupier of it. The Tenant shall not must also pay and indemnify the Landlord against the proportion reasonably attributable to the Land of all rates, taxes, assessments, duties, charges, impositions and outgoings that are now or may at any rent under time during the term be charged, assessed or imposed on the Land and any other property including Adjoining Property or on their owners or occupiers; (c) the stamp duty on this Lease more than and on one month in advance copy and its own legal fees; and (d) to the Landlord on an indemnity basis all costs, fees, charges, disbursements and expenses including without prejudice to the generality of the date above those payable to counsel, solicitors, surveyors and bailiffs incurred by the Landlord in relation to or incidental:- (1) Every application made by the Tenant for a consent or licence required by the provisions of this Lease whether it is granted, refused or offered subject to any qualification or condition or the application is withdrawn (2) The contemplation, preparation and service of any notices under this Lease or in contemplation of proceedings against the Tenant even if forfeiture is avoided otherwise than by relief granted by the court (3) The recovery or attempted recovery of arrears of rent or other sums due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the like; (ii) Tenant shall have no right to appear in any Foreclosure action under the Security Instrument (unless named by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes); (iii) Tenant shall not amend or modify, or assign or sublet, the this Lease and Tenant shall have no right to cancel any steps taken in contemplation of or terminate the Lease, without Agent’s prior written consent (provided that, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms preparation and provisions set forth in service of a schedule of dilapidation during or after the Lease, Agent shall have the same approval rights as the Landlord has with respect to same and (y) no such approval shall be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent end of the Landlord pursuant Term. (a) to the terms keep every part of the Lease), and any attempted amendment or modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing shall be of no force or effect as to Agent; (iv) Tenant shall not subordinate the Lease to any lien or encumbrance Land (other than the Security InstrumentBuilding) without Agent’s prior written consentand the interior of the RO Area and all fixtures, fittings and equipment in it owned by the Landlord in good condition, clean, tidy and well-decorated, fair wear and tear and damage of which the Tenant, its licensees, invitees or visitors are not the cause excepted; and (vb) except to permit the Landlord and its agents to paint or treat the outside of the Building and all doors leading into the RO Area and the outside of all windows and walls in the RO Area in such colour and manner as expressly set forth in Section 6the Landlord decides. NO ALTERATION (iii) not to alter, above, Tenant has no right cut or option of any nature whatsoever, whether pursuant to damage the Lease or otherwise, to purchase the Property, RO Area or any portion thereof or any interest therein, and other part of the Building without the Landlord's consent (which is deemed to be given to the extent that Tenant hereafter acquires any such additional rights or options, it is within the same is hereby acknowledged to be subject and subordinate to the Security Instrument RO Area and is hereby waived required for the operation of the Tenant's business situated therein) and released as against Agent not to make any exterior alteration in the appearance of the Building; and any Successor, (vi) Tenant shall promptlyif it does so, to pay the same extent and within Landlord on demand the same time period entire cost which the Landlord incurs in repairing or replacing that damage. NUISANCE (iv) save as may be required by for the Leasenormal operation of the Tenant's business, deliver not to Agent, from time to time, a written estoppel statement do on or in the form, and with Land or any part of the certifications, required by the Lease; (vii) this Agreement supersedes and satisfies any requirement Building anything which in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Lease; (viii) Tenant is the sole owner of the leasehold estate created by the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either Landlord's opinion:- (a) specifically undertakes such liability in writing, or is a nuisance to others; (b) subject is dangerous; or (c) might prejudice the Landlord's insurance cover or increase the premium and in particular, but without prejudice to the express terms generality of the foregoing or of the exception referred to, not to use on the Land any chemicals which either individually or in combination are noxious or explosive. ENTRY (a) to permit the Landlord and its agents to enter at all reasonable times on reasonable notice except in an emergency (when no notice is required) to:- (1) ascertain whether or not the covenants and conditions of this Agreement, Agent becomes a Successor; Lease have been observed and performed and to view the state of repair and condition of the Land; (x2) if carry out repairs; (3) do any work which the Tenant should have done under this Agreement conflicts Lease; (4) comply with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any its other obligations under this Agreement, the Lease Lease; (or any new lease executed pursuant to this Agreement), and with respect 5) give to the PropertyTenant or leave on the Land a notice specifying the works required to remedy any breach of the Tenant's obligations in this Lease. (b) to carry out the work specified in any such notice to repair as soon as possible. (c) if within one month of service of a notice to repair the Tenant has not started to execute the work referred to in that notice or is not proceeding diligently with it or if the Tenant fails to finish the work within two months, to permit the Landlord to enter the premises to execute the outstanding works and pay to the Landlord the cost of so doing and all expenses incurred by the Landlord including legal costs and surveyors fees within seven days of demand.

Appears in 1 contract

Samples: Lease (Consolidated Water Co LTD)

TENANT’S AGREEMENTS. The Tenant hereby represents, warrants, covenants and agrees that: (i) the Tenant shall not pay any rent or additional rent under the Lease more than one month in advance of the date due except as expressly required in the Lease with respect to security deposits, operating expenses, taxes and the likeadvance; (ii) the Tenant shall have no right to appear in any Foreclosure foreclosure action under the Security Instrument (Mortgage unless named it is made a party to such action by Agent in such action, Agent agreeing however not to name Tenant unless required pursuant to applicable laws, and then only for such purposes)some third party; (iii) the Tenant shall not amend or amend, modify, or assign or sublet, the Lease and Tenant shall have no right to cancel or terminate the Lease, without Agent’s prior written consent (provided thatother than pursuant to rights, (x) as it relates to any assignments/subletting of Lease undertaken in connection with the terms and provisions set forth options or elections expressly contained in the Lease, Agent shall have without the same approval rights as the Landlord has with respect to same and (y) no such approval shall Mortgagee’s prior express written consent, which consent will not be required with respect to amendments solely evidencing the exercise of Tenant’s option to extend the Lease and assignments or sublets that do not require the consent of the Landlord pursuant to the terms of the Lease)unreasonably withheld, and any attempted amendment or amendment, modification, assignment or subletting, cancellation or termination of the Lease in violation of the foregoing without such consent shall be of no force or effect as to Agentthe Mortgagee; (iv) the Tenant shall not voluntarily subordinate the Lease to any lien or encumbrance (other than the Security InstrumentMortgage) without Agentthe Mortgagee’s prior express written consent, which consent will not be unreasonably withheld; (v) the Tenant shall not cancel or terminate the Lease (except as expressly set forth in Section 6permitted thereunder) without the Mortgagee’s prior express written consent, abovewhich consent will not be unreasonably withheld, and any attempted cancellation or termination of the Lease without such consent shall be of no force or effect to the Mortgagee; (vi) the Tenant has no right or option of any nature whatsoever, whether pursuant to shall not assign the Lease or otherwise, to purchase the Property, sublet all or any portion thereof or any interest therein, and to of the extent that Tenant hereafter acquires any such additional rights or options, the same is hereby acknowledged to be subject and subordinate to the Security Instrument and is hereby waived and released Leased Premises (except as against Agent and any Successor, (vi) Tenant shall promptly, to the same extent and within the same time period required permitted by the Lease, deliver to Agent, from time to time, a written estoppel statement in the form, and with the certifications, required by terms of the Lease) without the Mortgagee’s prior express written consent, which consent will not be unreasonably withheld; (vii) this Tenant Subordination, Non-Disturbance and Attornment Agreement supersedes and satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement or providing for subordination of the Leaseagreement; and (viii) the Tenant is shall deliver to the sole owner Mortgagee, from time to time and within fifteen (15) days from the date of request, a written statement in form and substance reasonably satisfactory to the leasehold estate created by Mortgagee certifying to certain matters relating to the Lease; (ix) the interest of Landlord under the Lease is assigned to Agent solely as security for the obligations secured by the Security Instrument, and neither Agent nor the Lenders shall have any duty, liability or obligation under the Lease or any extension or renewal thereof, unless Agent either (a) specifically undertakes such liability in writing, or (b) subject to the express terms of this Agreement, Agent becomes a Successor; (x) if this Agreement conflicts with the Lease, then this Agreement shall govern as between the parties and any Successor, including upon any attornment pursuant to this Agreement; and (xi) upon Agent’s transfer or assignment of Agent’s interests in the Loan, the Lease (or any new lease executed pursuant to this Agreement), or the Property, Agent shall be deemed released and relieved of any obligations under this Agreement, the Lease (or any new lease executed pursuant to this Agreement), and with respect to the Property.

Appears in 1 contract

Samples: Lease Agreement (Dendrite International Inc)

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