TENANT'S COMPLIANCE WITH LAW. 15.1 Except as otherwise provided in this Lease, Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner, comply in all respects with all "Applicable Law," which term is used in this Lease to include all laws, rules, regulations, ordinances, and directives or any state, federal or local governmental authority relating in any manner to the Premises. Tenant shall, within five (5) days after receipt of Landlord's written request, provide Landlord with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Law specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises to comply with any Applicable Law. 15.2 Notwithstanding Section 15.1, Tenant shall have the right to contest the validity or applicability to Tenant or to the Premises of any Applicable Law, provided (i) the same is done at Tenant's sole cost and expense, (ii) non-compliance with such Applicable Law will not subject the Premises or any part thereof to sale or other liability by reason of such non-compliance, (iii) such contest shall not subject Landlord to the risk of any criminal or civil liability, (iv) Tenant shall provide security in form and amount reasonably requested by Landlord, taking into account the factors listed in subclauses (i), (ii) and (iii) above, and (v) Tenant complies with such Applicable Law promptly after the conclusion of such contest, if determined adversely to Tenant.
Appears in 1 contract
Samples: Lease (Analog Devices Inc)
TENANT'S COMPLIANCE WITH LAW. 15.1 Except as otherwise specifically provided in this Lease, Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner, manner comply in all respects with all "Applicable Law," which term is used in this Lease to include all laws, rules, regulations, ordinances, directives, covenants, easements and directives restrictions of record, permits, the requirements of any applicable fire insurance underwriter or any staterating bureau, federal or local governmental authority and the recommendations of Landlord's engineers and/or consultants, relating in any manner to the Premises (including, but not limited to, matters pertaining to (a) industrial hygiene, (b) accessibility and use by individuals with disabilities, (c) environmental conditions on, in, under or about the Premises, including air, soil and groundwater conditions, and (d) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any Hazardous Material or Toxic Substance or storage tank), now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from any previously existing policy. Tenant shall, within five (5) days after receipt of Landlord's written request, provide Landlord with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Law specified by Landlord, and shall immediately upon receipt, receipt notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises or to comply with any Applicable Law.
15.2 Notwithstanding Section 15.1, . Tenant shall have obtain and pay for all permits, including a Certificate of Occupancy, required for Tenant's occupancy of the right Premises and shall promptly take all substantial and nonsubstantial actions necessary to contest comply with all Applicable Law regulating the validity use, condition or applicability to Tenant occupancy of the Premises (including structural or other upgrading of or improvements to the Premises required as a result of any Applicable Law, provided (i) the same is done at Tenant's sole cost and expense, (ii) non-compliance with such Applicable Law will not subject activities or use of the Premises or any part thereof to sale or other liability by reason of such non-compliance, (iii) such contest shall not subject Landlord to the risk of any criminal or civil liability, (iv) Tenant shall provide security in form and amount reasonably requested by Landlord, taking into account the factors listed in subclauses (iPremises), (ii) and (iii) above, and (v) Tenant complies with such Applicable Law promptly after the conclusion of such contest, if determined adversely to Tenant.
Appears in 1 contract
TENANT'S COMPLIANCE WITH LAW. 15.1 Except as otherwise provided in this LeaseTenant, Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner, comply in all respects with all "Applicable Law," which term is used in this Lease to include all laws, rules, regulations, ordinances, orders, directives, covenants, easements and directives restrictions of record, permits, the requirements of any applicable fire insurance underwriter or any staterating bureau, federal or local governmental authority and the recommendations of Landlord's engineers and/or consultants, relating in any manner to the Premises (including but not limited to matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Premises. , including soil and ground water conditions, and (iii) the presence, use, generation, manufacture, production, installation, maintenance, removal, disposal, transportation, storage, spill or release of any Hazardous Substance or storage tank), now in effect or which may hereafter come into effect, and whether or not reflecting a change in Applicable Law or policy from any previously existing Applicable Law or policy Tenant shall, within five (5) days after receipt of Landlord's written request, provide Landlord with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Law specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises to comply with any Applicable Law.
15.2 Notwithstanding Section 15.1, Tenant shall have the right to contest the validity or applicability to Tenant or to the Premises of any Applicable Law, provided (i) the same is done at Tenant's sole cost and expense, (ii) non-compliance with such Applicable Law will not subject the Premises or any part thereof to sale or other liability by reason of such non-compliance, (iii) such contest shall not subject Landlord to the risk of any criminal or civil liability, (iv) Tenant shall provide security in form and amount reasonably requested by Landlord, taking into account the factors listed in subclauses (i), (ii) and (iii) above, and (v) Tenant complies with such Applicable Law promptly after the conclusion of such contest, if determined adversely to Tenant.
Appears in 1 contract
Samples: Lease (Ilc Technology Inc)
TENANT'S COMPLIANCE WITH LAW. 15.1 Except as Tenant shall procure at its sole expense any permits and licenses required for the transaction of business in the Premises and shall otherwise provided comply with all applicable federal, state, county and municipal laws, ordinances, governmental regulations and all recorded easements, covenants and restrictions. In addition, if the nature of Tenant's business makes it advisable for Tenant to take any extra precautions (for example, in this Leasethe case of equipment requiring special safety training for employees, Tenant's compliance with all required educational programs and procedures), Tenant shallshall take all such extra precautions. Without limiting the generality of the foregoing Tenant further agrees as follows:
(a) Tenant shall not commence business operations in the Premises without having first obtained any and all permits or approvals necessary for the lawful operation of Tenant's business in the Premises from the appropriate governmental authority;
(b) The following will govern Landlord’s and Tenant’s obligations with respect to Governmental Requirements (hereinafter defined):
(i) If any federal, state or local laws, ordinances, orders, rules, regulations or requirements (including the federal Americans with Disabilities Act of 1990 ("ADA"), as the same may have been or may be amended from time to time, and all federal, state, county and municipal laws, ordinances, codes and regulations which relate in any way to the matters regulated by the ADA (collectively, the "ADA-based Laws")) (collectively, "Governmental Requirements") in existence as of the date of this Lease require an alteration or modification of the Premises (a "Code Modification") and such Code Modification (1) is not made necessary as a result of the specific use being made by Tenant of the Premises (as distinguished from an alteration or improvement which would be required to be made by the owner of any industrial building comparable to the Building irrespective of the use thereof by any particular occupant), and (2) is not made necessary as a result of any alteration of the Premises by Tenant, such Code Modification shall be performed by Landlord, at TenantLandlord's sole cost and expense.
(ii) If, fullyas a result of one or more Governmental Requirements that are not in existence as of the date of this Lease, diligently it is necessary from time to time during the Lease Term, to perform a Code Modification to the Building or the Project that (1) is not made necessary as a result of the specific use being made by Tenant of the Premises (as distinguished from an alteration or improvement which would be required to be made by the owner of any industrial building comparable to the Building irrespective of the use thereof by any particular occupant), and (2) is not made necessary as a result of any alteration of the Premises by Tenant, such Code Modification shall be performed by Landlord and cost thereof shall be included in Operating Costs.
(iii) If, as a timely mannerresult of one or more Governmental Requirements, comply it is necessary from time to time during the Lease Term to perform a Code Modification to the Building or the Project that is made necessary as a result of the specific use being made by Tenant of the Premises or as a result of any alteration of the Premises by Tenant, such Code Modification shall be the sole and exclusive responsibility of Tenant in all respects with all "Applicable Law," which term is used in this Lease to include all lawsrespects; provided, ruleshowever, regulations, ordinances, and directives or any state, federal or local governmental authority relating in any manner to the Premises. Tenant shall, within five (5) days after receipt of Landlord's written request, provide Landlord with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Law specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises to comply with any Applicable Law.
15.2 Notwithstanding Section 15.1, that Tenant shall have the right to contest retract its request to perform a proposed alteration in the validity or applicability to Tenant or to event that the Premises of any Applicable Law, provided (i) the same is done at Tenant's sole cost and expense, (ii) non-compliance with such Applicable Law will not subject the Premises or any part thereof to sale or other liability by reason performance of such non-compliance, alteration would trigger the requirement for a Code Modifications.
(iii) such contest shall not subject Landlord to the risk of any criminal or civil liability, (ivc) Tenant shall provide security in form be responsible for compliance with all federal, state, county and amount reasonably requested by Landlordmunicipal laws and regulations relating to health and safety, taking into account including without limitation the factors listed in subclauses federal Occupational Safety and Health Act of 1970 (i"OSHA"), (ii) and (iii) aboveas the same may have been or may be amended from time to time, and any and all other federal, state, county and municipal laws, ordinances, codes and regulations which relate in any way to the matters regulated by OSHA; and
(vd) At Landlord's request, Tenant complies shall deliver to Landlord copies of all necessary permits and licenses and proof of Tenant's compliance with all such Applicable Law promptly after laws, ordinances, governmental regulations and extra precautions. Any use or occupancy of the conclusion Premises by or on behalf of such contest, if determined adversely Tenant prior to Tenantthe Commencement Date shall be subject to each and every obligation of Tenant under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
TENANT'S COMPLIANCE WITH LAW. 15.1 Except as otherwise provided in this Lease, Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner, comply in all respects with all "Applicable Law," which term is used in this Lease to include all laws, rules, regulations, ordinances, and directives or any state, federal or local governmental authority relating in any manner to the Premises. Tenant shall, within five (5) days after receipt of Landlord's written request, provide provided Landlord with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Tenant's compliance with any Applicable Law specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises to comply with any Applicable Law.
15.2 Notwithstanding Section 15.1, Tenant shall have the right to contest the validity or applicability to Tenant or to the Premises of any Applicable Law, provided (i) the same is done at Tenant's sole cost and expense, (ii) non-compliance with such Applicable Law will not subject the Premises or any part thereof to sale or other liability by reason of such non-compliance, (iii) such contest shall not subject Landlord to the risk of any criminal or civil liability, (iv) Tenant shall provide security in form and amount reasonably requested by Landlord, taking into account the factors listed in subclauses (i), (ii) and (iii) above, and (v) Tenant complies with such Applicable Law promptly after the conclusion of such contest, if determined adversely to Tenant.
Appears in 1 contract
Samples: Lease (Analog Devices Inc)