TENANT'S COVENANTS DURING THE TERM. Tenant covenants during the Term and such other time as Tenant occupies any part of the demised premises: (1) To pay when due (a) all Fixed Rent and additional rent, (b) all taxes which may be imposed on Tenant's personal property in the demised premises (including, without limitation, Tenant's fixtures and equipment) regardless to whomever assessed, and (c) all charges by any public utility for telephone and other utility services rendered to the demised premises; (2) Except as otherwise provided in Article VIII and Section 4(A)(2), to keep the demised premises in good order, repair and condition, reasonable wear only excepted; to replace all light bulbs as necessary; maintain and replace all interior glass; keep all utilities, pipes, conduits, drains and other installations used in connection with the demised premises, including, without limitation, the heating, ventilating and air conditioning systems which serve only the demised premises in good order, condition and repair; and at the expiration or termination of this lease peaceably to yield up the demised premises and all changes and additions therein in such order, repair and condition, first removing all goods and effects of Tenant and those claiming under Tenant and any items the removal of which is required by any agreement between Landlord and Tenant (or specified therein to be removed at Tenant's election and which Tenant elects to remove), and repairing all damage caused by such removal and restoring the demised premises and leaving them clean and neat. Notwithstanding anything to the contrary contained herein, Tenant shall forthwith remove from the demised premises (repairing any damage caused by such removal) any installations, alterations, additions or improvements made by Tenant except for those set forth on Exhibits B and C attached at the commencement of the Term, and which Landlord requests Tenant to remove within sixty (60) days after the expiration or termination of the term of this lease, such removal to include returning the previously modified portions of the demised premises to their condition prior to the making of such installations, alterations, additions or improvements. Tenant's obligations hereunder shall survive the expiration or termination of the term of this lease. For purposes of this Section (2) the word "repairs" includes the making of replacements when necessary. Tenant shall keep the demised premises clean and free of refuse and provide all necessary janitorial services to the demised premises; (3) Continuously from the Commencement Date, to use and occupy the demised premises only for the Permitted Use; and not to injure or deface the demised premises, Building, or Lot; and not to permit in the demised premises any auction sale, nuisance, or the emission from the demised premises of any objectionable noise or odor; nor any use thereof which is improper, offensive, contrary to law or ordinances, or liable to invalidate or increase the premiums for any insurance on the Building (or any portion thereof) or its contents, or liable to render necessary any alteration or addition to the Building. Tenant shall obtain Landlord's consent prior to the installation of antennae or other transmitting devices on the roof of the Building, and Tenant shall pay the fair market rent (determined in the same manner as set forth in Section (B) of Article 13 below) for locating said antennae and/or equipment on the roof of the Building provided, however, that there shall be no charge for one (1) of Tenant's GPS antennae. All antennae shall be reasonable in size and located in an area approved by Landlord; (4) To comply with the rules and regulations set forth in Exhibit E and all other reasonable rules and regulations hereafter made by Landlord (but only after copies thereof have been delivered to Tenant) for the care and use of the Building and Lot and their facilities and approaches, it being expressly understood, however, that Landlord shall not be liable to Tenant for the failure of other tenants of the Building to conform to such rules and regulations; (5) To keep the demised premises equipped with all safety appliances required by law or ordinance or any other regulation of any public authority and/or any insurance inspection or rating bureau having jurisdiction, and to procure all licenses and permits required because of any use made by Tenant and, if requested by Landlord, to do any work required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use; (6) Not without the prior written consent of Landlord to assign, hypothecate, pledge or otherwise encumber this lease, to make any sublease or to permit occupancy of the demised premises or any part thereof by anyone other than Tenant, voluntarily or by operation of law, and as additional rent, to reimburse Landlord promptly upon demand for reasonable legal and other expenses incurred by Landlord in connection with any request by Tenant for consent to assignment or subletting. Without intending to limit Landlord's discretion in granting or withholding such consent, it is agreed that if Tenant requests Landlord's consent to assign this lease or sublet more than fifty percent (50%) of the demised premises, Landlord shall have the option, exercisable by written notice to Tenant given within sixty days after receipt of such request, to terminate this lease as of a date specified in such notice which shall be not less than thirty or more than sixty days after the date of such notice. If Landlord shall so terminate this lease, rent shall be apportioned as of the date of termination, and Landlord may lease the demised premises or any portion thereof to any person or entity (including without limitation, Tenant's proposed assignee or subtenant, as the case may be) without any liability whatsoever to Tenant by reason thereof. Landlord agrees that if it shall not exercise the aforesaid right of termination, Landlord shall not unreasonably withhold, delay or condition its consent to a request by Tenant to assign this lease or sublet the demised premises as aforesaid. If Landlord shall consent to any assignment of this lease by Tenant or a subletting of the whole of the demised premises by Tenant at a rent which exceeds the rent payable hereunder by Tenant, or if Landlord shall consent to a subletting of a portion of the demised premises by Tenant at a rent in excess of the subleased portion's prorata share of the rent payable hereunder by Tenant, then Tenant shall pay to Landlord, as additional rent forthwith upon Tenant's receipt of each installment of any such excess rent, one half (1/2) the amount of any such excess rent. Each request by Tenant for permission to assign this lease or to sublet the whole or any part of the demised premises shall be accompanied by a warranty by Tenant as to the amount of rent to be paid to Tenant by the proposed assignee or sublessee. For purposes of this Section (6), the term "rent" shall mean all fixed rent, additional rent or other payments and/or consideration payable by one party to another for the use and occupancy of premises. Tenant agrees, however, that neither it nor anyone claiming under it shall enter into any sublease, license, concession or other agreement for use, occupancy or utilization of space in the demised premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or in part, on the net income or profits derived by any person or entity from the space leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and Tenant agrees that any such purported sublease, license, concession or other agreement shall he absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy, or utilization of any part of the demised premises. Tenant further agrees that any sublease, license, concession or agreement for use, occupancy or utilization of space in the demised premises entered into by it or by anyone claiming under it shall contain the provisions set forth in the immediately preceding sentence. Tenant further agrees that if a sublease is entered into, neither the rent payable thereunder nor the amount thereof passed on to any person or entity shall have deducted therefrom any expenses or costs related in any way to the subleasing of such space. If and whenever Tenant shall not be a so-called "publicly held" company, it is understood and agreed that the transfer of fifty percent (50%) or more of the stock in Tenant of any class (whether at one time or at intervals) shall constitute an "assignment" of Tenant's interest in this lease. If there shall be any assignment or subletting by Tenant pursuant to the provisions of this paragraph, Tenant shall remain primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be (in the case of any assignment) joint and several with that of such assignee. It is expressly understood and agreed that no assignment of Tenant's interest in this lease shall be effective until such time as Tenant shall deliver to Landlord an agreement from the assignee, which agreement shall be reasonably satisfactory to Landlord in form and substance and shall provide that the assignee agrees with Landlord to be primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be joint and several with that of Tenant. Landlord hereby agrees, however, that Tenant may assign its interest in this lease or sublet the whole of the demised premises to a) a corporation which owns all of the outstanding stock of Tenant ("Tenant's Parent"); (b) a corporation wholly owned by Tenant or by Tenant's Parent ("a Subsidiary"); or (c) a corporation resulting from the consolidation, joint venture, partnership or merger of Tenant with any other corporation. Notwithstanding the foregoing provisions, if the assignment or subletting is to a Subsidiary, said assignment or subletting shall be valid only for such period of time as said Subsidiary is wholly owned by Tenant or Tenant's Parent. In the event that Tenant or Tenant's Parent shall ever sell or otherwise transfer any interest in said Subsidiary to another person or entity, unless Landlord shall have specifically assented thereto, the same shall be deemed to be a material breach of this lease. Notwithstanding any terms of this lease to the contrary, Tenant shall have the right to locate or collocate customer equipment and/or equipment cabinets within the demised premises, provided that such equipment is consistent and compatible with the utilities and services provided to the demised premises. The parties hereto confirm and agree that the location or collocation of such customer equipment shall not constitute a subletting or assignment pursuant to the terms of this lease and shall not be subject to any of the operative terms or provisions or regulating, subletting or assignment hereunder; (7) To defend Landlord, with counsel acceptable to Landlord, save Landlord harmless from, and indemnify Landlord against any liability for injury, loss, accident or damage to any person or property and from any claims, actions, proceedings and expenses and costs in connection therewith (including, without implied limitation, reasonable counsel's fees): (i) arising from the omission, fault, willful act, negligence or other misconduct of Tenant or anyone claiming under Tenant, or from any use made or thing done or occurring upon or about the demised premises but not due to the ommission, fault, willful act, negligence or other misconduct of Landlord, or (ii) resulting from the failure of Tenant to perform and discharge its covenants and obligations under this lease; (8) To maintain public liability insurance upon the demised premises in amounts which shall, at the beginning of the Term, be at least equal to $1,000,000.00 for bodily injury or death to one or more individuals and $500,000.00 for damage to property, and from time to time (but not more often than once annually) during the Term, shall be for such higher limits, if any, as are customarily carried in the area in which the demised premises are located upon property similar in type and use to the demised premises. Such insurance shall name Landlord, Landlord's Managing Agent, and Landlord's Mortgagee as additional insureds. Tenant shall deliver to Landlord certificates thereof, at least fifteen (15) days prior to the Commencement Date, and each renewal certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews. Each such policy shall be written by a responsible insurance company authorized to do business in the Commonwealth of Massachusetts and shall provide that the same shall not be modified or terminated without at least twenty (20) days' prior written notice to each named insured; (9) To keep all employees working in the demised premises covered by workmen's compensation insurance in amounts required by law, and to furnish Landlord with certificates thereof; (10) To permit Landlord and its agents entry: to examine the demised premises at reasonable times upon five (5) days prior notice (except in an emergency when Landlord may enter at any time upon whatever notice is reasonable in the circumstances) and, if Landlord shall so elect, to make repairs, alterations and replacements; to remove, at Tenant's expense, any changes, additions, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing; and to show the demised premises to prospective tenants during the six (6) months preceding the expiration of the Term and to prospective purchasers and mortgagees at all reasonable times. Landlord agrees that in exercising its rights pursuant to this Section (10) it shall not unreasonably interfere with Tenant's business in the demised premises; (11) Not to place a load upon any part of the floor of the demised premises exceeding that for which said floor was designed or in violation of what is allowed by law; and not to move any safe, vault or other heavy equipment in, about or out of the demised premises except in such manner and at such times as Landlord shall approve in writing in each instance. Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be placed and maintained by Tenant in settings of cork, rubber, spring, or other types of vibration eliminators sufficient to confine such vibration or noise to the demised premises. The present floor load is 150 lbs. per square foot. Tenant, at Tenant's expense and subject to Landlord's prior approval shall be permitted to
Appears in 1 contract
Samples: Lease (Net2000 Communications Inc)
TENANT'S COVENANTS DURING THE TERM. Tenant covenants during the Term and such other time as Tenant occupies any part of the demised premises:
(1) To pay when due (a) all Fixed Rent and additional rent, (b) all taxes which may be imposed on Tenant's personal property in the demised premises (including, without limitation, Tenant's fixtures and equipment) regardless to whomever assessed, and (c) all charges by any public utility for telephone and other utility services rendered to the demised premisespremises but which are not made Landlord's responsibility in Section (D) of Article V hereof. Tenant shall provide adequate heat to the demised premises to prevent the freezing and/or bursting of any pipes or duct work therein;
(2) Except as otherwise provided in Article VIII and Subsection (2) of Section 4(A)(2)(A) of Article IV, to keep the demised premises in good order, repair and condition, reasonable wear only excepted; to replace all light bulbs as necessary; maintain and replace all interior glass; keep all utilities, pipes, conduits, drains and other installations used in connection with the demised premises, including, without limitation, the heating, ventilating and air conditioning systems which serve only the demised premises in good order, condition and repair; and at the expiration or termination of this lease peaceably to yield up the demised premises and all changes and additions therein in such order, repair and condition, first removing all goods and effects of Tenant and those claiming under Tenant and any items the removal of which is required by any agreement between Landlord and Tenant (or specified therein to be removed at Tenant's election and which Tenant elects to remove), and repairing all damage caused by such removal and restoring the demised premises and leaving them clean and neat. Notwithstanding anything to the contrary contained herein, Tenant shall forthwith remove from the demised premises (repairing any damage caused by such removal) any installations, alterations, additions or improvements made by Tenant except for those set forth on Exhibits B and C attached at the commencement or Landlord including, without limitation, any installations, alterations, additions or improvements made as part of the TermLandlord's Required Work or as part of Tenant's work, and which Landlord requests Tenant to remove within sixty (60) days after at the expiration or termination time Tenant obtains Landlord's approval for the installation of the term of this leasesame, such removal to include returning the previously modified portions of the demised premises to their condition prior to the making of such installations, alterations, additions or improvements. Tenant's obligations hereunder shall survive the expiration or termination of the term of this lease. For purposes of this Section (2) the word "repairs" includes the making of replacements when necessary. Tenant shall keep the demised premises clean and free of refuse and provide all necessary janitorial services to the demised premises;.
(3) Continuously from the Commencement Date, to To use and occupy the demised premises only for the Permitted Use; and not to injure or deface the demised premises, Building, or Lot; and not to permit in the demised premises any auction sale, nuisance, or the emission from the demised premises of any objectionable noise or odor; nor any use thereof which is improper, offensive, contrary to law or ordinances, or liable to invalidate or increase the premiums for any insurance on the Building (or any portion thereof) or its contents, or liable to render necessary any alteration or addition to the Building. Tenant shall obtain Landlord's consent prior to the installation of antennae or other transmitting devices on the roof of the Building, and Tenant shall pay the fair market rent (determined in the same manner as set forth in Section (B) of Article 13 below) for locating said antennae and/or equipment on the roof of the Building provided, however, that there shall be no charge for one (1) of Tenant's GPS antennae. All antennae shall be reasonable in size and located in an area approved by Landlord;
(4) To comply with the rules and regulations set forth in Exhibit E and all other reasonable rules and regulations hereafter made by Landlord (but only after copies thereof have been delivered to Tenant) for the care and use of the Building and Lot and their facilities and approaches, it being expressly understood, however, that Landlord shall not be liable to Tenant for the failure of other tenants of the Building to conform to such rules and regulations. Landlord agrees that it shall not discriminate against Tenant in enforcing said rules and regulations;
(5) To keep the demised premises equipped with all safety appliances required by law or ordinance or any other regulation of any public authority and/or any insurance inspection or rating bureau having jurisdiction, and to procure all licenses and permits required because of any use made by Tenant and, if requested by Landlord, to do any work required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use. Landlord agrees that the demised premises shall be delivered in compliance with applicable law. If any work is required in order for Tenant to obtain a building permit and as a direct consequence of Tenant's work, Tenant shall perform all such work at Tenant's cost and expense;
(6) Not without the prior written consent of Landlord to assign, hypothecate, pledge or otherwise encumber this lease, to make any sublease or to permit occupancy of the demised premises or any part thereof by anyone other than Tenant, voluntarily or by operation of law, and as additional rent, to reimburse Landlord promptly upon demand for reasonable legal and other expenses incurred by Landlord in connection with any request by Tenant for consent to assignment or subletting. Without intending to limit Landlord's discretion in granting or withholding such consent, it is agreed that if Tenant requests Landlord's consent to assign this lease or sublet more than fifty thirty five percent (5035%) of the demised premises, Landlord shall have the option, exercisable by written notice to Tenant given within sixty days after receipt of such request, to terminate this lease as of a date specified in such notice which shall be not less than thirty or more than sixty days after the date of such notice. If Landlord shall so terminate this lease, rent shall be apportioned as of the date of termination, and Landlord may lease the demised premises or any portion part thereof to any person or entity (including without limitation, Tenant's proposed assignee or subtenant, as the case may be) without any liability whatsoever to Tenant by reason thereof. Landlord agrees that if it shall not exercise the aforesaid right of termination, Landlord shall not unreasonably withhold, delay or condition its consent to a request by Tenant to assign this lease or sublet the demised premises as aforesaid. If Landlord shall consent to any assignment of this lease by Tenant or a subletting of the whole of the demised premises by Tenant at a rent which exceeds the rent payable hereunder by Tenant, or if Landlord shall consent to a subletting of a portion of the demised premises by Tenant at a rent in excess of the subleased portion's prorata pro rata share of the rent payable hereunder by Tenant, then Tenant shall pay to Landlord, as additional rent forthwith upon Tenant's receipt of each installment of any such excess rent, one half (1/2) the amount of any such excess rent. Each request by Tenant for permission to assign this lease or to sublet the whole or any part of the demised premises shall be accompanied by a warranty by Tenant as to the amount of rent to be paid to Tenant by the proposed assignee or sublessee. For purposes of this Section (6), the term "rent" shall mean all fixed rent, additional rent or other payments and/or consideration payable by one party to another for the use and occupancy of premises. Tenant agrees, however, that neither it nor anyone claiming under it shall enter into any sublease, license, concession or other agreement for use, occupancy or utilization of space in the demised premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or in part, on the net income or profits derived by any person or entity from the space leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and Tenant agrees that any such purported sublease, license, concession or other agreement shall he be absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy, or utilization of any part of the demised premises. Tenant further agrees that any sublease, license, concession or agreement for use, occupancy or utilization of space in the demised premises entered into by it or by anyone claiming under it shall contain the provisions set forth in the immediately preceding sentence. Tenant further agrees that if a sublease is entered into, neither the rent payable thereunder nor the amount thereof passed on to any person or entity shall have deducted therefrom any expenses or costs related in any way to the subleasing of such space. If and whenever Tenant shall not be a so-called "publicly held" company, it is understood and agreed that the transfer of fifty percent (50%) or more of the stock in Tenant of any class (whether at one time or at intervals) shall constitute an "assignment" of Tenant's interest in this lease. If there shall be any assignment or subletting by Tenant pursuant to the provisions of this paragraph, Tenant shall remain primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be (in the case of any assignment) joint and several with that of such assignee. It is expressly understood and agreed that no assignment of Tenant's interest in this lease shall be effective until such time as Tenant shall deliver to Landlord an agreement from the assignee, which agreement shall be reasonably satisfactory to Landlord in form and substance and shall provide that the assignee agrees with Landlord to be primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be joint and several with that of Tenant. Landlord hereby agrees, however, that Tenant may assign its interest in this lease or sublet the whole of the demised premises to (a) a corporation an entity which owns all of the outstanding stock of Tenant ("Tenant's Parent"); (b) a corporation an entity wholly owned by Tenant or by Tenant's Parent ("a Subsidiary"); or (c) a corporation an entity resulting from the consolidation, joint venture, partnership consolidation or merger of Tenant with any other corporationentity; or (d) an entity to whom Tenant shall sell all or substantially all of Tenant's assets or stock. Notwithstanding the foregoing provisions, if the assignment or subletting is to a Subsidiary, said assignment or subletting shall be valid only for such period of time as said Subsidiary is wholly owned by Tenant or Tenant's Parent. In the event that Tenant or Tenant's Parent shall ever sell or otherwise transfer any interest in said Subsidiary to another person or entity, unless Landlord shall have specifically assented thereto, thereto the same shall be deemed to be a material breach of this lease. Notwithstanding any terms of this lease to the contrary, Tenant shall have the right to locate or collocate customer equipment and/or equipment cabinets within the demised premises, provided that such equipment is consistent and compatible with the utilities and services provided to the demised premises. The parties hereto confirm and agree that the location or collocation of such customer equipment shall not constitute a subletting or assignment pursuant to the terms of this lease and shall not be subject to any of the operative terms or provisions or regulating, subletting or assignment hereunder;.
(7) To defend Landlord, Landlord with counsel reasonably acceptable to Landlord, save Landlord harmless from, and indemnify Landlord against any liability for injury, loss, accident or damage to any person or property and from any claims, actions, proceedings and expenses and costs in connection therewith (including, without implied limitation, reasonable counsel's fees): (i) arising from the omission, fault, willful wilful act, negligence or other misconduct of Tenant or anyone claiming under Tenant, or from any use made or thing done or occurring upon or about the demised premises but not due to the ommissionomission, fault, willful act, negligence or other misconduct of Landlord, or (ii) resulting from the failure of Tenant to perform and discharge its covenants and obligations under this lease;
(8) To maintain public liability insurance upon the demised premises in amounts which shall, at the beginning of the Term, be at least equal to $1,000,000.00 2,000,000.00 for bodily injury or death to one or more individuals and $500,000.00 for damage to property, and from time to time (but not more often than once annually) during the Term, shall be for such higher limits, if any, as are customarily carried in the area in which the demised premises are located upon property similar in type and use to the demised premises. Such insurance shall name Landlord, Landlord's Managing Agent, and Landlord's Mortgagee Landlord as an additional insuredsinsured. Tenant shall deliver to Landlord the policies of such insurance, or certificates thereof, at least fifteen (15) days prior to the Commencement Date, and each renewal policy or certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews. Each such policy shall be written by a responsible insurance company authorized to do business in the Commonwealth of Massachusetts state in which the Building is located and shall provide that the same shall not be modified or terminated without at least twenty (20) days' prior written notice to each named insured;
(9) To keep all employees working in the demised premises covered by workmen's compensation insurance in amounts required by law, and to furnish Landlord with certificates thereof;
(10) To permit Landlord and its agents entry: entry upon reasonable prior notice and during normal business hours (except in the case of an emergency, when Landlord may enter at any time), to examine the demised premises at reasonable times upon five (5) days prior notice (except in an emergency when Landlord may enter at any time upon whatever notice is reasonable in the circumstances) and, if Landlord shall so elect, to make repairs, alterations and replacements; to remove, at Tenant's expense, any changes, additions, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing; and to show the demised premises to prospective tenants during the six twelve (612) months preceding the expiration of the Term and to prospective purchasers and mortgagees at all reasonable times. Landlord agrees that in exercising its rights pursuant to this Section (10) it shall not unreasonably interfere with Tenant's business in the demised premises;
(11) Not to place a load upon any part of the floor of the demised premises exceeding that for which said floor was designed or in violation of what is allowed by law; and not to move any safe, vault or other heavy equipment in, about or out of the demised premises except in such manner and at such times as Landlord shall approve in writing in each instance. Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be placed and maintained by Tenant in settings of cork, rubber, spring, or other types of vibration eliminators sufficient to confine such vibration or noise to the demised premises. The present floor load is 150 lbs. per square foot. ;
(12) All the furnishings, fixtures, equipment, effects and property of every kind, nature and description of Tenant and of all persons claiming by, through or under Tenant which, during the continuance of this lease or any occupancy of the demised premises by Tenant or anyone claiming under Tenant, may be on the demised premises or elsewhere in the Building or on the Lot shall be at the sole risk and hazard of Tenant, and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, or by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft, or from any other cause, no part of said loss or damage is to be charged to or to be borne by Landlord, unless caused by negligence or willful misconduct of Landlord, its agents, servants, contractors or employees;
(13) To pay promptly when due the entire cost of any work done on the demised premises by Tenant and those claiming under Tenant; not to cause or permit any liens for labor or material performed or furnished in connection therewith to attach to the demised premises; and to discharge within thirty (30) days any such liens which may so attach;
(14) Not to make any alterations, improvements, changes or additions to the demised premises without Landlord's expense prior written consent. Landlord hereby approves the making by Tenant of interior alterations to the demised premises provided same (i) do not affect the structure of the demised premises or the Building which contains the demised premises; and (ii) do not affect the common utility lines or other mechanical systems of the Building which includes the demised premises;
(15) To pay to Landlord two (2) times the total of the Fixed Rent and additional rent then applicable for each month or portion thereof that Tenant shall retain possession of the demised premises or any part thereof after the termination this lease, whether by lapse of time or otherwise, and also to pay all damages sustained by Landlord on account thereof; however, the provisions of this subsection shall not operate as a waiver by Landlord of any right of re- entry provided in this lease or as a matter of law;
(16) To insure the contents, equipment, and improvements of Tenant and those claiming under Tenant, under policies covering at least fire and the standard extended coverage risks, in amounts equal to the replacement cost thereof, the terms of which policies shall provide that such insurance shall not be canceled without at least twenty (20) days' prior written notice to Landlord. Copies of such insurance policy or policies, or certificates there of, shall be delivered to Landlord at least fifteen (15) days prior to the Commencement Date and each renewal policy or certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews;
(17) The losing party shall pay the other party's expenses, including reasonable attorney's fees, incurred in enforcing any obligation of the losing party in this lease; and
(18) To obtain and maintain in full force and effect a heating and air conditioning equipment service contract which shall provide for the periodic inspection and maintenance of the heating and air conditioning equipment servicing the demised premises. Said contract shall be made with a reputable contractor and shall be subject to Landlord's prior approval, which approval Landlord agrees not unreasonably to withhold. Copies of said contract and any renewals and/or replacements thereof shall be permitted todelivered to Landlord.
Appears in 1 contract
Samples: Lease (Sycamore Networks Inc)
TENANT'S COVENANTS DURING THE TERM. Tenant covenants during the Term and such other time as Tenant occupies any part of the demised premises:
(1) To pay when due (a) all Fixed Rent and additional rent, (b) all taxes which may be imposed on Tenant's ’s personal property in the demised premises (including, without limitation, Tenant's ’s fixtures and equipment) regardless to whomever assessed, and (c) all charges by any public utility for telephone and other utility services rendered to the demised premises;
(2) Except as otherwise provided in Article VIII and Section 4(A)(2), to keep the demised premises in good order, repair and condition, reasonable wear and tear only excepted; to replace all light bulbs as necessary; all cleaning and janitorial services for the demised premises; maintain and replace all interior glass; keep all utilities, pipes, conduits, drains and other installations used in connection with the demised premises, including, without limitation, the heating, ventilating and air conditioning systems which serve only the demised premises in good order, condition and repair; and at the expiration or termination of this lease peaceably to yield up the demised premises and all changes and additions therein in such order, repair and condition, first removing all goods and effects of Tenant and those claiming under Tenant and any items the removal of which is required by any agreement between Landlord and Tenant (or specified therein to be removed at Tenant's ’s election and which Tenant elects to remove), and repairing all damage caused by such removal and restoring the demised premises and leaving them clean and neat. Notwithstanding anything the foregoing, in the event that Tenant proposes to make any installation, alteration, addition or improvement to the contrary contained hereindemised premises, Tenant shall forthwith give written notice to Landlord no later than fifteen (15) business days prior to the proposed date of the commencement of construction of such installation, alteration, addition or improvement, together with plans and specifications therefor. Within ten (10) business days after the receipt by Landlord of such written notice and said plans and specifications, Landlord shall notify Tenant in writing whether it must remove the same at the expiration or termination of the Term of this lease, and the failure of Landlord to provide such written determination to Tenant within said ten (10) business days shall constitute Landlord’s determination that such installation, alteration, addition and/or improvement need not be removed at the expiration or termination of the Term of this lease. If Tenant elects not to request Landlord’s consent then Tenant shall remove from the demised premises (repairing any damage caused by such removal) any installationssuch installation, alterationsalteration, additions addition or improvements improvement made by Tenant except for those set forth on Exhibits B and C attached at the commencement of the Term, without Landlord’s consent and which Landlord requests Tenant to remove within sixty thirty (6030) days after the expiration or termination of the term Term of this lease, such . Such removal to shall include returning the previously modified portions of the demised premises to their condition prior to the making of such installations, alterations, additions or improvements. Tenant's ’s obligations hereunder shall survive the expiration or termination of the term of this lease. For purposes of this Section (2) the word "“repairs" ” includes the making of replacements when necessary. Tenant shall keep the demised premises clean and free of refuse and provide all necessary janitorial services to the demised premises;
(3) Continuously from the Commencement Date, to use and occupy the demised premises only for the Permitted Use; and not to injure or deface the demised premises, Buildingbuildings, or Lot; and not to nor permit in the demised premises any auction sale, nuisance, or the emission from the demised premises of any objectionable noise or odor; nor any use thereof which is improper, offensive, contrary to law or ordinances, or which is liable to invalidate or increase the premiums for any insurance on the Building buildings (or any portion thereof) or its contents, or liable to render necessary any alteration or addition to the Buildingbuildings. Tenant shall obtain Landlord's consent prior to the installation of antennae or other transmitting devices on the roof of the Building, and Tenant shall pay the fair market rent (determined in the same manner as set forth in Section (B) of Article 13 below) for locating said antennae and/or equipment on the roof of the Building provided, however, Landlord acknowledges that there shall be no charge for one (1) of Tenant's GPS antennae. All antennae shall be reasonable in size and located in an area approved by Landlord;
(4) To comply with the rules and regulations set forth in Exhibit E and all other reasonable rules and regulations hereafter made by Landlord (but only after copies thereof have been delivered to Tenant) for the care and ’s use of the Building and Lot and their facilities and approaches, it being expressly understood, however, that Landlord shall not be liable to Tenant for the failure of other tenants of the Building to conform to such rules and regulations;
(5) To keep the demised premises equipped with all safety appliances required by law or ordinance or any other regulation of any public authority and/or any insurance inspection or rating bureau having jurisdiction, and to procure all licenses and permits required because of any use made by Tenant and, if requested by Landlord, to do any work required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use;
(6) Not without the prior written consent of Landlord to assign, hypothecate, pledge or otherwise encumber this lease, to make any sublease or to permit occupancy of the demised premises or any part thereof by anyone other than Tenantas a biotechnology company, voluntarily or by operation of lawincluding, and as additional rentbut not limited to pharmaceutical manufacturing, to reimburse Landlord promptly upon demand for reasonable legal and other expenses incurred by Landlord in connection with any request by Tenant for consent to assignment or subletting. Without intending to limit Landlord's discretion in granting or withholding such consent, it is agreed that if Tenant requests Landlord's consent to assign this lease or sublet more than fifty percent (50%) of will not invalidate the demised premises, Landlord shall have the option, exercisable by written notice to Tenant given within sixty days after receipt of such request, to terminate this lease as of a date specified in such notice which shall be not less than thirty or more than sixty days after the date of such notice. If Landlord shall so terminate this lease, rent shall be apportioned as of the date of termination, and Landlord may lease the demised premises or any portion thereof to any person or entity (including without limitation, Tenant's proposed assignee or subtenant, as the case may be) without any liability whatsoever to Tenant by reason thereof. Landlord agrees that if it shall not exercise the aforesaid right of termination, Landlord shall not unreasonably withhold, delay or condition its consent to a request by Tenant to assign this lease or sublet the demised premises as aforesaid. If Landlord shall consent to any assignment of this lease by Tenant or a subletting of the whole of the demised premises by Tenant at a rent which exceeds the rent payable hereunder by Tenant, or if Landlord shall consent to a subletting of a portion of the demised premises by Tenant at a rent in excess of the subleased portion's prorata share of the rent payable hereunder by Tenant, then Tenant shall pay to Landlord, as additional rent forthwith upon Tenant's receipt of each installment of any such excess rent, one half (1/2) the amount of any such excess rent. Each request by Tenant for permission to assign this lease or to sublet the whole or any part of the demised premises shall be accompanied by a warranty by Tenant as to the amount of rent to be paid to Tenant by the proposed assignee or sublessee. For purposes of this Section (6), the term "rent" shall mean all fixed rent, additional rent or other payments and/or consideration payable by one party to another for the use and occupancy of premises. Tenant agrees, however, that neither it nor anyone claiming under it shall enter into any sublease, license, concession or other agreement for use, occupancy or utilization of space in the demised premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or in part, insurance on the net income or profits derived by any person or entity from the space leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and Tenant agrees that any such purported sublease, license, concession or other agreement shall he absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy, or utilization of any part of the demised premises. Tenant further agrees that any sublease, license, concession or agreement for use, occupancy or utilization of space in the demised premises entered into by it or by anyone claiming under it shall contain the provisions set forth in the immediately preceding sentence. Tenant further agrees that if a sublease is entered into, neither the rent payable thereunder nor the amount thereof passed on to any person or entity shall have deducted therefrom any expenses or costs related in any way to the subleasing of such space. If and whenever Tenant shall not be a so-called "publicly held" company, it is understood and agreed that the transfer of fifty percent (50%) or more of the stock in Tenant of any class (whether at one time or at intervals) shall constitute an "assignment" of Tenant's interest in this lease. If there shall be any assignment or subletting by Tenant pursuant to the provisions of this paragraph, Tenant shall remain primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be (in the case of any assignment) joint and several with that of such assignee. It is expressly understood and agreed that no assignment of Tenant's interest in this lease shall be effective until such time as Tenant shall deliver to Landlord an agreement from the assignee, which agreement shall be reasonably satisfactory to Landlord in form and substance and shall provide that the assignee agrees with Landlord to be primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be joint and several with that of Tenant. Landlord hereby agrees, however, that Tenant may assign its interest in this lease or sublet the whole of the demised premises to a) a corporation which owns all of the outstanding stock of Tenant ("Tenant's Parent"); (b) a corporation wholly owned by Tenant or by Tenant's Parent ("a Subsidiary"); or (c) a corporation resulting from the consolidation, joint venture, partnership or merger of Tenant with any other corporation. Notwithstanding the foregoing provisions, if the assignment or subletting is to a Subsidiary, said assignment or subletting shall be valid only for such period of time as said Subsidiary is wholly owned by Tenant or Tenant's Parent. In the event that Tenant or Tenant's Parent shall ever sell or otherwise transfer any interest in said Subsidiary to another person or entity, unless Landlord shall have specifically assented thereto, the same shall be deemed to be a material breach of this lease. Notwithstanding any terms of this lease to the contrary, Tenant shall have the right to locate or collocate customer equipment and/or equipment cabinets within the demised premises, provided that such equipment is consistent and compatible with the utilities and services provided to the demised premises. The parties hereto confirm and agree that the location or collocation of such customer equipment shall not constitute a subletting or assignment pursuant to the terms of this lease and shall not be subject to any of the operative terms or provisions or regulating, subletting or assignment hereunderbuildings;
(7) To defend Landlord, with counsel acceptable to Landlord, save Landlord harmless from, and indemnify Landlord against any liability for injury, loss, accident or damage to any person or property and from any claims, actions, proceedings and expenses and costs in connection therewith (including, without implied limitation, reasonable counsel's fees): (i) arising from the omission, fault, willful act, negligence or other misconduct of Tenant or anyone claiming under Tenant, or from any use made or thing done or occurring upon or about the demised premises but not due to the ommission, fault, willful act, negligence or other misconduct of Landlord, or (ii) resulting from the failure of Tenant to perform and discharge its covenants and obligations under this lease;
(8) To maintain public liability insurance upon the demised premises in amounts which shall, at the beginning of the Term, be at least equal to $1,000,000.00 for bodily injury or death to one or more individuals and $500,000.00 for damage to property, and from time to time (but not more often than once annually) during the Term, shall be for such higher limits, if any, as are customarily carried in the area in which the demised premises are located upon property similar in type and use to the demised premises. Such insurance shall name Landlord, Landlord's Managing Agent, and Landlord's Mortgagee as additional insureds. Tenant shall deliver to Landlord certificates thereof, at least fifteen (15) days prior to the Commencement Date, and each renewal certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews. Each such policy shall be written by a responsible insurance company authorized to do business in the Commonwealth of Massachusetts and shall provide that the same shall not be modified or terminated without at least twenty (20) days' prior written notice to each named insured;
(9) To keep all employees working in the demised premises covered by workmen's compensation insurance in amounts required by law, and to furnish Landlord with certificates thereof;
(10) To permit Landlord and its agents entry: to examine the demised premises at reasonable times upon five (5) days prior notice (except in an emergency when Landlord may enter at any time upon whatever notice is reasonable in the circumstances) and, if Landlord shall so elect, to make repairs, alterations and replacements; to remove, at Tenant's expense, any changes, additions, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing; and to show the demised premises to prospective tenants during the six (6) months preceding the expiration of the Term and to prospective purchasers and mortgagees at all reasonable times. Landlord agrees that in exercising its rights pursuant to this Section (10) it shall not unreasonably interfere with Tenant's business in the demised premises;
(11) Not to place a load upon any part of the floor of the demised premises exceeding that for which said floor was designed or in violation of what is allowed by law; and not to move any safe, vault or other heavy equipment in, about or out of the demised premises except in such manner and at such times as Landlord shall approve in writing in each instance. Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be placed and maintained by Tenant in settings of cork, rubber, spring, or other types of vibration eliminators sufficient to confine such vibration or noise to the demised premises. The present floor load is 150 lbs. per square foot. Tenant, at Tenant's expense and subject to Landlord's prior approval shall be permitted to
Appears in 1 contract
Samples: Lease (Civitas Therapeutics, Inc.)
TENANT'S COVENANTS DURING THE TERM. Tenant covenants during the Term and such other time as Tenant occupies any part of the demised premises:
(1) To pay when due (a) all Fixed Rent and additional rent, (b) all taxes which may be imposed on Tenant's personal property in the demised premises (including, without limitation, Tenant's fixtures and equipment) regardless to whomever assessed, and (c) all charges by any public utility for telephone and other utility services rendered to the demised premises;
(2) Except as otherwise provided in Article VIII and Section 4(A)(2), to keep the demised premises in good order, repair and condition, reasonable wear only excepted; to replace all light bulbs as necessary; maintain and replace all interior glass; keep all utilities, pipes, conduits, drains and other installations used in connection with the demised premises, includingincluding , without limitation, the heating, ventilating and air conditioning systems which serve only the warehouse space comprising part of the demised premises in good order, condition and repair; and at the expiration or termination of this lease peaceably to yield up the demised premises and all changes and additions therein in such order, repair and condition, first removing all goods and effects of Tenant and those claiming under Tenant and any items the removal of which is required by any agreement between Landlord and Tenant (or specified therein to be removed at Tenant's election and which Tenant elects to remove), and repairing all damage caused by such removal and restoring the demised premises and leaving them clean and neat. Notwithstanding anything to the contrary contained herein, Tenant shall forthwith remove from the demised premises (repairing any damage caused by such removal) any installations, alterations, additions or improvements made by Tenant except for those set forth on Exhibits B and C attached at the commencement or Landlord as part of the TermLandlord's Required Work or as part of Tenant's work, and which Landlord requests Tenant to remove within sixty (60) days after by notice given at the expiration or termination time of installation of the term of this leasesame, such removal to include returning the previously modified portions of the demised premises to their condition prior to the making of such installations, alterations, additions or improvements. Tenant's obligations hereunder shall survive the expiration or termination of the term of this lease. For purposes of this Section (2) the word "repairs" includes the making of replacements when necessary. Tenant shall keep the warehouse space comprising part of the demised premises clean and free of refuse and provide all necessary janitorial services to said warehouse space. Tenant shall provide snow and ice removal from the demised premisesstairs, entrances and loading docks serving said warehouse space;
(3) Continuously from the Commencement Date, to To use and occupy the demised premises only for the Permitted Use; and not to injure or deface the demised premises, Building, or Lot; and not to permit in the demised premises any auction sale, nuisance, or the emission from the demised premises of any objectionable noise or odor; nor any use thereof which is improper, offensive, contrary to law or ordinances, or liable to invalidate or increase the premiums for any insurance on the Building (or any portion thereof) or its contents, or liable to render necessary any alteration or addition to the Building. Tenant shall obtain Landlord's consent prior to the installation of antennae or other transmitting devices on the roof of the Building, and Tenant shall pay the fair market rent (determined in the same manner as set forth in Section (B) of Article 13 below) for locating said antennae and/or equipment on the roof of the Building provided, however, that there shall be no charge for one (1) of Tenant's GPS antennae. All antennae shall be reasonable in size and located in an area approved by Landlord;
(4) To comply with the rules and regulations set forth in Exhibit E and all other reasonable rules and regulations hereafter made by Landlord (but only after copies thereof have been delivered to Tenant) for the care and use of the Building and Lot and their facilities and approaches, it being expressly understood, however, that Landlord shall not be liable to Tenant for the failure of other tenants of the Building to conform to such rules and regulations. Landlord agrees that it shall not discriminate against Tenant in enforcing said rules and regulations;
(5) To keep the demised premises equipped with all safety appliances required by law or ordinance or any other regulation of any public authority and/or any insurance inspection or rating bureau having jurisdictionjurisdiction pursuant to the specific use made by Tenant of the demised premises (including hand held fire extinguishers), and to procure all licenses and permits required because of any use made by Tenant and, if requested by Landlord, to do any work required because of such use, it being understood that the foregoing provisions shall not be construed to broaden in any way the Permitted Use;
(6) Not without the prior written consent of Landlord to assign, hypothecate, pledge or otherwise encumber this lease, to make any sublease or to permit occupancy of the demised premises or any part thereof by anyone other than Tenant, voluntarily or by operation of law, and as additional rent, to reimburse Landlord promptly upon demand for reasonable legal and other expenses incurred by Landlord in connection with any request by Tenant for consent to assignment or subletting. Without intending to limit Landlord's discretion in granting or withholding such consent, it is agreed that if Tenant requests Landlord's consent to assign this lease or sublet more than fifty percent (50%) of the demised premises, Landlord shall have the option, exercisable by written notice to Tenant given within sixty days after receipt of such request, to terminate this lease as of a date specified in such notice which shall be not less than thirty or more than sixty days after the date of such notice. If Landlord shall so terminate this lease, rent shall be apportioned as of the date of termination, and Landlord may lease the demised premises or any portion thereof to any person or entity (including without limitation, Tenant's proposed assignee or subtenant, as the case may be) without any liability whatsoever to Tenant by reason thereof. Landlord agrees that if it shall not exercise the aforesaid right of termination, Landlord shall not unreasonably withhold, delay or condition its consent to a request by Tenant to assign this lease or sublet the demised premises as aforesaidsuch consent. If Landlord shall consent to any assignment of this lease by Tenant or a subletting of the whole of the demised premises by Tenant at a rent which exceeds the rent payable hereunder by Tenant, or if Landlord shall consent to a subletting of a portion of the demised premises by Tenant at a rent in excess of the subleased portion's prorata share of the rent payable hereunder by Tenant, then Tenant shall pay to Landlord, as additional rent forthwith upon Tenant's receipt of each installment of any such excess rent, one half (1/2) the amount of any such excess rentrent after deducting reasonable expenses related thereto. Each request by Tenant for permission to assign this lease or to sublet the whole or any part of the demised premises shall be accompanied by a warranty by Tenant as to the amount of rent to be paid to Tenant by the proposed assignee or sublessee. For purposes of this Section (6), the term "rent" shall mean all fixed rent, additional rent or other payments and/or consideration payable by one party to another for the use and occupancy of premises. Tenant agrees, however, that neither it nor anyone claiming under it shall enter into any sublease, license, concession or other agreement for use, occupancy or utilization of space in the demised premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or in part, on the net income or profits derived by any person or entity from the space leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and Tenant agrees that any such purported sublease, license, concession or other agreement shall he absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy, or utilization of any part of the demised premises. Tenant further agrees that any sublease, license, concession or agreement for use, occupancy or utilization of space in the demised premises entered into by it or by anyone claiming under it shall contain the provisions set forth in the immediately preceding sentence. Tenant further agrees that if a sublease is entered into, neither the rent payable thereunder nor the amount thereof passed on to any person or entity shall have deducted therefrom any expenses or costs related in any way to the subleasing of such space. If and whenever Tenant shall not be a so-called "publicly held" company, it is understood and agreed that the transfer of fifty percent (50%) or more of the stock in Tenant of any class (whether at one time or at intervals) shall constitute an "assignment" of Tenant's interest in this lease. If there shall be any assignment or subletting by Tenant pursuant to the provisions of this paragraph, Tenant shall remain primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be (in the case of any assignment) joint and several with that of such assignee. It is expressly understood and agreed that no assignment of Tenant's interest in this lease shall be effective until such time as Tenant shall deliver to Landlord an agreement from the assignee, which agreement shall be reasonably satisfactory to Landlord in form and substance and shall provide that the assignee agrees with Landlord to be primarily liable for the performance and observance of the covenants and agreements herein contained on the part of Tenant to be performed and observed, such liability to be joint and several with that of Tenant. Landlord hereby agrees, however, that Tenant may assign its interest in this lease or sublet the whole of the demised premises to a) a corporation which owns all of the outstanding stock of Tenant ("Tenant's Parent"); (b) a corporation wholly owned by Tenant or by Tenant's Parent ("a Subsidiary"); or (c) a corporation resulting from the consolidation, joint venture, partnership or merger of Tenant with any other corporation. Notwithstanding the foregoing provisions, if the assignment or subletting is to a Subsidiary, said assignment or subletting shall be valid only for such period of time as said Subsidiary is wholly owned by Tenant or Tenant's Parent. In the event that Tenant or Tenant's Parent shall ever sell or otherwise transfer any interest in said Subsidiary to another person or entity, unless Landlord shall have specifically assented thereto, the same shall be deemed to be a material breach of this lease. Notwithstanding any terms of this lease to the contrary, Tenant shall have the right to locate or collocate customer equipment and/or equipment cabinets within the demised premises, provided that such equipment is consistent and compatible with the utilities and services provided to the demised premises. The parties hereto confirm and agree that the location or collocation of such customer equipment shall not constitute a subletting or assignment pursuant to the terms of this lease and shall not be subject to any of the operative terms or provisions or regulating, subletting or assignment hereunder;
(7) To defend Landlord, with counsel acceptable to Landlord, save Landlord harmless from, and indemnify Landlord against any liability for injury, loss, accident or damage to any person or property and from any claims, actions, proceedings and expenses and costs in connection therewith (including, without implied limitation, reasonable counsel's fees): (i) arising from the omission, fault, willful act, negligence or other misconduct of Tenant or anyone claiming under Tenant, or from any use made or thing done or occurring upon or about the demised premises but not due to the ommission, fault, willful act, negligence or other misconduct of Landlord, or (ii) resulting from the failure of Tenant to perform and discharge its covenants and obligations under this lease;
(8) To maintain public liability insurance upon the demised premises in amounts which shall, at the beginning of the Term, be at least equal to $1,000,000.00 for bodily injury or death to one or more individuals and $500,000.00 for damage to property, and from time to time (but not more often than once annually) during the Term, shall be for such higher limits, if any, as are customarily carried in the area in which the demised premises are located upon property similar in type and use to the demised premises. Such insurance shall name Landlord, Landlord's Managing Agent, and Landlord's Mortgagee as additional insureds. Tenant shall deliver to Landlord certificates thereof, at least fifteen (15) days prior to the Commencement Date, and each renewal certificate thereof, at least fifteen (15) days prior to the expiration of the policy it renews. Each such policy shall be written by a responsible insurance company authorized to do business in the Commonwealth of Massachusetts and shall provide that the same shall not be modified or terminated without at least twenty (20) days' prior written notice to each named insured;
(9) To keep all employees working in the demised premises covered by workmen's compensation insurance in amounts required by law, and to furnish Landlord with certificates thereof;
(10) To permit Landlord and its agents entry: to examine the demised premises at reasonable times upon five (5) days prior notice (except in an emergency when Landlord may enter at any time upon whatever notice is reasonable in the circumstances) and, if Landlord shall so elect, to make repairs, alterations and replacements; to remove, at Tenant's expense, any changes, additions, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing; and to show the demised premises to prospective tenants during the six (6) months preceding the expiration of the Term and to prospective purchasers and mortgagees at all reasonable times. Landlord agrees that in exercising its rights pursuant to this Section (10) it shall not unreasonably interfere with Tenant's business in the demised premises;
(11) Not to place a load upon any part of the floor of the demised premises exceeding that for which said floor was designed or in violation of what is allowed by law; and not to move any safe, vault or other heavy equipment in, about or out of the demised premises except in such manner and at such times as Landlord shall approve in writing in each instance. Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be placed and maintained by Tenant in settings of cork, rubber, spring, or other types of vibration eliminators sufficient to confine such vibration or noise to the demised premises. The present floor load is 150 lbs. per square foot. Tenant, at Tenant's expense and subject to Landlord's prior approval shall be permitted tothis
Appears in 1 contract
Samples: Lease (Harvardnet Inc)
