Common use of Tenant's Use Clause in Contracts

Tenant's Use. Tenant shall use the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policy.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)

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Tenant's Use. The Demised Premises shall be used by Tenant shall use the Premises solely for general office purposes the Permitted Use and for no other purpose, and such shall be strictly construed and no use not use expressly defined herein shall be permitted. Landlord makes no representation as to the merchantability, habitability, or fitness of the Demised Premises for the Permitted Use, or any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretionpurpose. Tenant agrees that it will not suffer or permit the Property is subject Demised Premises to be used for (i) any unlawful or immoral purpose; (ii) any purpose prohibited by zoning or similar laws and this Lease is subordinate to regulations, or covenants, conditions, or restrictions of record, or in violation of other leases at the CC&R’s, a copy of which has been provided to TenantShopping Center. Tenant acknowledges that it has read shall be open for business and fully operational within the CC&RDemised Premises for a minimum of 40 hours each week throughout the Term of this Lease. In the event Tenant’s and knows business hours exceed the contents thereof. Throughout standard operating hours for the TermShopping Center, Tenant shall faithfully be responsible for all costs associated with such excess hours (including but not limited to common area lighting, electricity and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlordsecurity). Tenant shall completely comply with all duly adopted applicable laws, ordinances, rules, and regulations of any and restrictions as may be adopted all governmental authorities having jurisdiction of the Shopping Center or the Demised Premises (including, without limitation, cleanliness, health, safety, occupational, and use laws and regulations), now existing or hereafter adopted. Tenant shall not interrupt, hinder or disrupt the use or enjoyment of any owner, occupant, tenant, customer, contractor, or Landlord in the Shopping Center or adjoining property. Tenant shall not use any portion of the Demised Premises for the operation of an ATM. Tenant shall not disturb or penetrate the floor slab within the Demised Premises without first obtaining Landlord’s written consent. Tenant shall not solicit Shopping Center invitees in the common areas of the Shopping Center. Tenant agrees that it will open its business in the Demised Premises and will continuously and actively operate and conduct its business in the entire Demised Premises, fully stocked and staffed, no later than 90 days after the delivery of the Demised Premises to Tenant, and thereafter during the Term of this Lease. Tenant agrees to pay for all electric, gas, sewer, heat, water, and other utilities and taxes or charges on such utility services which are used in or attributable to the Demised Premises, including but not limited to all meter connection charges and impact fees. Landlord reserves the right to (i) designate from time to time a garbage and/or recycling service to be utilized by any committee established pursuant Tenant, or (ii) provide and sell water, sewer, and electricity to Tenant at rates competitive to the CC&Rs (“Association”)rates charged by governmental authorities having jurisdiction, provided that if any. Tenant is notified thereof by will not permit or suffer any actual or threatened lien or other encumbrance, to attach to the Demised Premises or the Shopping Center, or the interest of Landlord. Any periodic or special dues or Outside Area assessments of the Association , and nothing contained herein shall be included within the definition deemed to imply any agreement of Operating Expenses pursuant Landlord to Paragraph 15.B. subject Landlord's interest or estate to any lien or any encumbrance, and Tenant hereby appoints Landlord as attorney-in-fact to resolve any lien or encumbrance, and shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, Landlord harmless for all costs and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damageexpenses, including reasonable attorneys’ fees and costsattorney fees, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’srelated thereto. Tenant shall not permit cause any noise, vibration, odor, or make any use other nuisance to emanate outside of the Demised Premises. In addition to Landlord’s rights and remedies under this Lease, Landlord shall also have the right to require Tenant to promptly install any necessary mitigation materials within the Demised Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of at Tenant’s or Tenant’s Agent’s acts or omissions, then Landlordsole cost and expense, in addition the event Tenant violates such emanation prohibition. Notwithstanding anything in this Lease to such remedies as Landlord may have the contrary, the rights granted to Tenant under this Lease expressly exclude any right to use the air space outside the Demised Premises (including the right to operate any aerial vehicle or pursuant drone), or the facade or other common areas of the Shopping Center for any virtual or augmented reality or similar technology; it being acknowledged that all such rights belong exclusively to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLandlord.

Appears in 2 contracts

Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)

Tenant's Use. (A) Tenant shall use and occupy the Premises solely for general office office, research and development, and manufacturing purposes only, consistent with Landlord's use of the Prime Lease Premises, and for no other purpose. (B) Tenant shall comply with all covenants, conditions and restrictions governing the Prime Lease Premises and all Federal, State and local laws, ordinances, rules and regulations and the requirements of any Board of Fire Insurance Underwriters, applicable to Tenant's use of the Premises. (C) Tenant shall keep the interior of the Premises and all furniture, equipment and fixtures therein in good order and condition and, on the Expiration Date, shall remove all personal property, fixtures, equipment and supplies which Tenant has placed in or about the Premises and any alterations, additions or improvements which Landlord shall request Tenant to remove. Any damage caused to the Premises by such removal shall be repaired by Landlord, or by Tenant with Landlord's approval, at Tenant's sole expense. The furniture and equipment of Landlord listed in Exhibit C and to be used by Tenant during the term of this Sublease shall remain in the Premises and be surrendered by Tenant on the Expiration Date in good condition and repair. (D) Tenant shall not, by its acts or omissions, cause any increase in the premium for fire or other insurance covering the Prime Lease Premises or the termination of any such insurance. (E) Tenant shall not commit waste on or to the Premises. (F) Tenant shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification unlawful or amendments thereof, provided that Tenant is notified thereof by Landlord. immoral use. (G) Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within environmental covenants, requirements and obligations of Landlord as tenant under the definition of Operating Expenses pursuant to Paragraph 15.B. Prime Lease, upon the terms and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further conditions set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against Article 4 (or in any claim, loss, liability, expense other article or damage, including reasonable attorneys’ fees and costs, arising out section) of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyPrime Lease.

Appears in 2 contracts

Samples: Sublease Agreement (American Technology Corp /De/), Sublease Agreement (Norris Communications Corp)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). The number of control areas in the Premises shall comply with all applicable Legal Requirements. Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall use the Premises solely for general office purposes in a careful, safe and proper manner and shall not use commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including, without limitation, conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other purpose space in the Project. Tenant shall not place any machinery or equipment weighing 500 pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Building or in the Building elevators without obtaining the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which Landlord may withhold in its sole and absolute discretionwill require ventilation, air exchange, heating, gas, steam, electricity or water beyond the. Tenant agrees that existing capacity of the Property is subject and this Lease is subordinate Building as proportionately allocated to the CC&R’s, a copy Premises based upon Tenant’s Share as usually furnished for the Permitted Use. From and after the Commencement Date through the expiration of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully have access to the Building and timely perform the Premises 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and comply with otherwise subject to the CC&R’s and terms of this Lease. Landlord shall make any modification alterations or amendments thereofmodifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that Tenant the costs of such alterations or modifications shall be (i) included as an Operating Expense (subject to the limitations and exclusions contained in Section 5) to the extent such Legal Requirement is notified thereof generally applicable to similar buildings in the area in which the Project is located and was not applicable prior to the date of Substantial Completion of the Shell and Core Improvements (as such terms are defined in the Work Letter), or (ii) at Tenant’s expense to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises. Subject to Landlord’s obligation to deliver Landlord’s Work in the Premises in compliance with applicable Legal Requirements, as provided in Section 2, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with all duly adopted rules, regulations and restrictions Legal Requirements in effect as may be adopted from time to time by any committee established pursuant to of the CC&Rs (“Association”date of Delivery), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all such Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of to comply with any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLegal Requirement.

Appears in 2 contracts

Samples: Lease Agreement (Rubius Therapeutics, Inc.), Lease Agreement (Rubius Therapeutics, Inc.)

Tenant's Use. Tenant shall use the Premises solely for general office the purposes stated in (P) 1. and shall not use the Premises for any no other purpose purposes without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it neither Landlord nor any agent of Landlord has read made any representation or warranty with respect to the CC&R’s and knows Premises or with respect to the contents thereof. Throughout suitability of the TermPremises to the conduct of Tenant's business, Tenant shall faithfully and timely perform and comply with nor has Landlord agreed to undertake any modification, alteration or improvement to the CC&R’s and any modification or amendments thereofPremises, except as provided that Tenant is notified thereof by Landlordin writing in this Lease. Tenant shall promptly comply with all duly adopted ruleslaws, statutes, ordinances, orders and governmental regulations and restrictions as may be adopted from time to time by any committee established pursuant to now or hereafter existing affecting the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’sPremises. Tenant shall not do or permit anything to be done in or make about the Premises or bring or keep anything in the Premises that will in any way increase the premiums paid by Landlord on its insurance related to the Premises. Tenant will not perform any act or carry on any practices that may injure the Premises. Tenant shall not use the Premises for sleeping, washing clothes or the preparation, manufacture or mixing of anything that emits any objectionable odor, noises, vibrations or lights onto such other tenants, If, in Landlord's reasonable judgment, sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all necessary insulation. Tenant shall not do anything on the Premises which will increase overload any existing parking or service to the existing rate of insurance upon the Project, or cause the cancellation Premises. Pets and/or animals of any insurance policy covering type shall not be kept on or about the ProjectPremises. Tenant covenants that it will not interfere with other tenants' quiet enjoyment of their premises. Notwithstanding the foregoing or anything to the contrary contained in this Lease, Tenant shall not be responsible for compliance with any laws, codes, ordinances or any part thereof. If other governmental directives where such compliance is not related specifically to Tenant's use and occupancy of the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyPremises.

Appears in 2 contracts

Samples: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)

Tenant's Use. Tenant shall use the Premises solely for general office the purposes stated in ¶1 and shall not use the Premises for any no other purpose purposes without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it neither Landlord nor any agent of Landlord has read made any representation or warranty with respect to the CC&RPremises or with respect to the suitability of the Premises to the conduct of Tenant’s and knows business, nor has Landlord agreed to undertake any modification, alteration or improvement to the contents thereof. Throughout the TermPremises, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, except as provided that Tenant is notified thereof by Landlordin writing in this Lease. Tenant shall promptly comply with all duly adopted ruleslaws, statutes, ordinances, orders and governmental regulations and restrictions as may be adopted from time now or hereafter existing affecting the Premises, unless Landlord has otherwise expressly agreed to time by any committee established do the same pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments terms of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’sthis Lease. Tenant shall not do or permit anything to be done in or make about the Premises or bring or keep anything in the Premises that will in any way increase the premiums paid by Landlord on its insurance related to the Premises. Tenant will not perform any act or carry on any practices that may injure the Premises. Tenant shall not use the Premises for sleeping, washing clothes, or the preparation, manufacture or mixing of anything that emits any objectionable odor, noises, vibrations or lights onto such other tenants. If, in Landlord’s reasonable judgment, sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all necessary insulation. Tenant shall not do anything on the Premises which will increase overload any existing parking or service to the existing rate of insurance upon the Project, or cause the cancellation Premises. Pets and/or animals of any insurance policy covering type (other than Seeing Eye dogs) shall not be kept on or about the Project, or any part thereofPremises. If the existing rate Tenant covenants that it will not interfere with other tenants’ quiet enjoyment of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policytheir premises.

Appears in 2 contracts

Samples: Standard NNN Lease (3PAR Inc.), Standard NNN Lease (3PAR Inc.)

Tenant's Use. The Tenant may use the Demised Premises for conducting its light manufacturing, sales and service business. Tenant shall use the Demised Premises solely only for general office purposes lawful and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlordproper purposes, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs are permissible under applicable law (“Association”including under applicable zoning laws), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Demised Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Projectsame and shall not keep or use on the Demised Premises any article, item, or any part thereof. If thing which is prohibited by the existing rate terms of insurance shall be increased or any the hazard insurance policy covering the Project improvements. Tenant shall not commit any waste upon the Demised Premises and shall not conduct or allow any business, activity or thing on the Demised Premises which is canceled as or becomes unlawful, prohibited, or a result of Tenant’s nuisance or Tenant’s Agent’s acts or omissions, then which may cause damage to Landlord, to occupants in addition the vicinity, or to such remedies as other third parties. Tenant shall comply with and abide by all laws, ordinances, and regulations of all municipal, County, state and federal authorities which are now in force or which may hereafter become effective with respect to use and occupancy of the Demised Premises. Tenant represents to Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from that neither Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyaffiliates of Tenant will unlawfully generate, store or dispose of any Hazardous Substances (as defined below) at or in the area of the Demised Premises and Property. Tenant covenants with Landlord: a) to prohibit any unlawful generation, storage or disposal of Hazardous Substances at the Demised Premises, b) to deliver promptly to Landlord true and complete copies of all notices received by Tenant from any governmental authority with respect to the generation, storage or disposal by Tenant of Hazardous Substances (whether or not at the Demised Premises); and c) to permit entry onto the Demised Premises by Landlord of Landlord's representative(s) at any reasonable time to veii1y Tenant's compliance with the foregoing. Tenant agrees to indemnify and defend Landlord (with legal counsel reasonably acceptable to Landlord) from and against any costs, fees or expenses (including, without limitation, cleanup expenses, third party claims and environmental impairment expenses and reasonable attorneys' fees and expenses) incurred by Landlord in connection with Tenant's generation, storage, or disposal of Hazardous Substances at or near the Demised Premises in accordance with the foregoing and with Tenant's compliance with the foregoing representations and covenants. This indemnification by Tenant shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Laser Corp)

Tenant's Use. Tenant shall use the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject subject, and this Lease is subordinate subordinate, to the CC&R’s, a copy of which has been provided to TenantCC&Rs. Tenant acknowledges that it has read the CC&R’s CC&Rs and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s CC&Rs and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee or association established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. 15.B., and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’sCC&Rs. Tenant shall not permit or make any use of the Premises which that will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt the date of Landlord’s delivery of written demand therefor for the entire amount of said increase or any additional amount which that must be paid for a new such additional cost, to maintain the same level of insurance policycoverage or to procure replacement coverage.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Tenant's Use. Tenant shall have the right to store, use and handle Hazardous Substances on the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereofPremises, provided that (i) such Hazardous Substances are used in the operation of the Business or are brought onto the Premises in the ordinary course of the Business and used in compliance with Applicable Law and Landlord's reasonable procedures for the acquisition, use, storage, handling and disposal of Hazardous Substances, (ii) Tenant is notified thereof by shall not cause to be brought upon the Premises any Hazardous Substances that have not been previously stored or used at the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, and (iii) Landlord shall instruct Tenant on compliance procedures necessary to ensure that such Hazardous Substances are stored, used, handled and disposed of in compliance with Applicable Law. In connection with its oversight and coordination of the compliance procedures, Landlord shall (x) have access to all of Tenant's operations within the Premises at all times, following reasonable notice (or in the case of emergency, without notice), for the purpose of monitoring Tenant's compliance with Landlord's compliance procedures with respect to Hazardous Substances, (y) have Tenant's reasonable cooperation in complying with such procedures, and (z) promptly notify Tenant of any release or discovery of Hazardous Substances at the Premises not in compliance with Applicable Law and Landlord's procedures. Tenant shall comply with all duly adopted rulesindemnify, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify defend and hold Landlord, and Landlord’s Agents free and Landlord harmless from any and against any claimall losses, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out claims, causes of action, fines and penalties, whether incurred directly or indirectly, which relate to events occurring during the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises Lease Term and which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled arise solely as a result of Tenant’s 's use of Hazardous Substances at the Premises during the Lease Term. Further, notwithstanding anything to the contrary in this Lease, but without limiting Tenant's monetary obligations under the foregoing indemnity, Tenant is not permitted to maintain, repair, remediate or Tenant’s Agent’s acts otherwise conduct work with respect to the following portions of the Premises: (i) structural elements of the Premises, the building systems and portions of the Buildings containing insulation or omissionsfireproofing material on or in exterior walls, then Landlordcolumns, in addition beams, ceilings, pipes, ducts and other similar elements of the Buildings; (ii) any portion of the Premises more than six (6) feet below ground surface; or (iii) any portions of the Premises, the Buildings or the Land that are contaminated with Hazardous Substances, as of the Commencement Date, including, without limitation, any and all portions of the Premises, the Buildings or the Land that are subject to such remedies as Landlord may have under this Lease or pursuant Regional Remedial Action Order HSA88/89016, Environmental Cleanup Agreement dated January 11, 1992 and to law or equityState of California - Environmental Protection Agency, shall be entitled to reimbursement from Tenant within ten (10) days after receipt Department of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyToxic Substances Control Remedial Action Order Nos. HSA88/89-016 dated 12/9/88, and HSA 89/90-012 dated 5/2/90 and amended 2/21/96.

Appears in 1 contract

Samples: Commercial Sub Sublease (General Inspection Laboratories Inc)

Tenant's Use. The Tenant may use the Demised Premises for conducting its Veterinary School Business and ancillary services connected therewith. Tenant shall be permitted to add additional curriculum/s if additional curriculum/s are in compliance with existing use restrictions and exclusives for said shopping center. Tenant shall use the Demised Premises solely only for general office purposes lawful and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlordproper purposes, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs are permissible under applicable law (“Association”including under applicable zoning laws), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Demised Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Projectsame and shall not keep or use on the Demised Premises any article, item, or any part thereof. If thing which is prohibited by the existing rate terms of insurance shall be increased or any the hazard insurance policy covering the Project improvements. Tenant shall not commit any waste upon the Demised Premises and shall not conduct or allow any business, activity or thing on the Demised Premises which is canceled as or becomes unlawful, prohibited, or a result of Tenant’s nuisance or Tenant’s Agent’s acts or omissions, then which may cause damage to Landlord, to occupants or other tenants in the vicinity, or to other third parties. Tenant shall comply with and abide by all laws, ordinances, and regulations of all municipal, county, state and federal authorities which are now in force or which may hereafter become effective with respect to use and occupancy of the Demised Premises. Tenant shall make no alteration or addition to such remedies the premises without the prior written consent of Landlord. Tenant represents to Landlord that neither Tenant nor any affiliates of Tenant will generate, store or dispose of any Hazardous Substances (as defined below) at or in the area of the Demised Premises and Property. Tenant covenants with Landlord: a) to prohibit any generation, storage or disposal of Hazardous Substances at the Demised Premises, b) to deliver promptly to Landlord may have under true and complete copies of all notices received by Tenant from any governmental authority with respect to the generation, storage or disposal by Tenant of Hazardous Substances (whether or not at the Demised Premises); and c) to permit entry onto the Premises by Landlord of Landlord's representative(s) at any reasonable time to verify Tenant's compliance with the foregoing. Tenant agrees to indemnify and defend Landlord (with legal counsel reasonably acceptable to Landlord) from and against any costs, fees or expenses (including, without limitation, cleanup expenses, third party claims and environmental impairment expenses and reasonable attorneys' fees and expenses) incurred by Landlord in connection with Tenant's generation, storage, or disposal of Hazardous Substances at or near the Demised Premises in accordance with the foregoing and with Tenant's compliance with the foregoing representations and covenants. This indemnification by Tenant shall survive termination or expiration of this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLease.

Appears in 1 contract

Samples: Lease Assignment (Broadview Media Inc)

Tenant's Use. Tenant shall use the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Property Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policy.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Tenant's Use. Tenant is engaged in the business of providing third party logistics, distribution and transportation services including, but not limited to (i) air and ocean freight forwarding worldwide, and (ii) transloading, warehousing, distributing, providing value added services, information technology services, and local and long-distance trucking throughout North America. Tenant may use the Leased Premises for such purposes, or uses incidental thereto ("TENANT'S USE") and for no other use or purpose. Tenant shall use not be required to continuously occupy the Leased Premises solely for general office purposes or to continuously operate its business at the Leased Premises, and shall not use may vacate and cease operations on the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereofLeased Premises, provided that Tenant is notified thereof by Landlordotherwise complies with the requirements of this Lease. Tenant shall comply in all respects with all duly adopted applicable laws, orders, ordinances, directives, rules, regulations and restrictions as may be adopted from time to time by requirements of any committee established pursuant duly constituted public authority relating to the CC&Rs (“Association”)Leased Premises and Tenant's use of, provided and business and operations conducted on or from, the Leased Premises, and with all recorded covenants, conditions and restrictions applicable to the Leased Premises; PROVIDED, HOWEVER, that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall not be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant obligated to perform or comply pay for any repairs or replacements to the Building or any electrical, mechanical or HVAC components required to bring the Leased Premises into compliance with laws at the Commencement Date of the Lease, except if such requirements relate solely to Tenant's use of and business operations conducted on the Leased Premises. With the prior consent of Landlord (not to be unreasonably withheld, conditioned or delayed), Tenant will have the right to contest by appropriate proceedings diligently conducted in good faith in the name of Tenant or, with the CC&R’s. Tenant shall not permit or make any use prior consent of the Premises which will increase Landlord (not to be unreasonably withheld, conditioned or delayed), in the existing rate name of insurance upon the ProjectLandlord, or cause both, without cost or expense to Landlord, the cancellation validity or application of any insurance policy covering the Projectlaw without incurring any lien, charge, or liability of any part thereof. If kind against the existing rate of insurance shall be increased Leased Premises, and without subjecting Tenant or Landlord to any insurance policy covering the Project is canceled as a result of Tenant’s liability, civil or Tenant’s Agent’s acts or omissionscriminal, then Landlord, in addition for failure to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policycomply.

Appears in 1 contract

Samples: Land and Building Lease Agreement (Aerobic Creations, Inc.)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 business days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Xxxxxx’s use and/or occupancy of the Premises. Tenant will use the Premises solely in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for general office purposes and any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not use place any machinery or equipment weighing 500 pounds or more in or upon the Premises for any other purpose or transport or move such items through the Common Areas of the Building or in the Building elevators without obtaining the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord may withhold shall be responsible, at Xxxxxxxx’s sole cost and expense, for the compliance of the Premises and the Common Areas of the Project with Legal Requirements (including the ADA) as of the Commencement Date, regardless of when the lack of compliance is discovered. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate expense, shall make any alterations or modifications to the CC&R’sinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, a copy without limitation, compliance of which has been provided the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises. Tenant acknowledges that it has read Notwithstanding any other provision herein to the CC&R’s and knows the contents thereof. Throughout the Termcontrary, Tenant shall faithfully be responsible for any and timely perform all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with the CC&RLegal Requirements related to Tenant’s and any modification specific use or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments occupancy of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. Premises or Tenant’s Alterations, and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of to comply with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyAlterations.

Appears in 1 contract

Samples: Lease Agreement (Frequency Therapeutics, Inc.)

Tenant's Use. The Tenant may use the Demised Premises for conducting its medical products/general office business. Tenant shall use the Demised Premises solely only for general office purposes lawful and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlordproper purposes, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs are permissible under applicable law (“Association”including under applicable zoning laws), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Demised Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Projectsame and shall not keep or use on the Demised Premises any article, item, or any part thereof. If thing which is prohibited by the existing rate terms of insurance shall be increased or any the hazard insurance policy covering the Project improvements. Tenant shall not commit any waste upon the Demised Premises and shall not conduct or allow any business, activity or thing on the Demised Premises which is canceled as or becomes unlawful, prohibited, or a result of Tenant’s nuisance or Tenant’s Agent’s acts or omissions, then which may cause damage to Landlord, to occupants or other tenants in the vicinity, or to other third parties. Tenant shall comply with and abide by all laws, ordinances, and regulations of all municipal, county, state and federal authorities which are now in force or which may hereafter become effective with respect to use and occupancy of the Demised Premises. Tenant shall make no alteration or addition to such remedies as the Premises without the prior written consent of Landlord. Tenant represents to Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from that neither Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyaffiliates of Tenant will generate, store or dispose of any Hazardous Substances (as defined below) at or in the area of the Demised Premises and Property. Tenant covenants with Landlord: a) to prohibit any generation, storage or disposal of Hazardous Substances at the Premises, b) to deliver promptly to Landlord true and complete copies of all notices received by Tenant from any governmental authority with respect to the generation, storage or disposal by Tenant of Hazardous Substances (whether or not at the Premises); and c) to permit entry onto the Premises by Landlord or Landlord's representative(s) at any reasonable time to verify Tenant's compliance with the foregoing. Tenant agrees to indemnify and defend Landlord (with legal counsel reasonably acceptable to Landlord) from and against any costs, fees or expenses (including, without limitation, cleanup expenses, third party claims and environmental impairment expenses and reasonable attorneys' fees and expenses) incurred by Landlord in connection with Tenant's generation, storage, or disposal of Hazardous Substances at or near the Demised Premises in accordance with the foregoing and with Tenant's compliance with the foregoing representations and covenants. This indemnification by Tenant shall survive termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Tenant's Use. Tenant shall have the right to store, use and handle Hazardous Substances on the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereofPremises, provided that (i) such Hazardous Substances are used in the operation of the Business or are brought onto the Premises in the ordinary course of the Business and used in compliance with Applicable Law and Landlord's reasonable procedures for the acquisition, use, storage, handling and disposal of Hazardous Substances, (ii) Tenant is notified thereof by shall not cause to be brought upon the Premises any Hazardous Substances that have not been previously stored or used at the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, and (iii) Landlord shall instruct Tenant on compliance procedures necessary to ensure that such Hazardous Substances are stored, used, handled and disposed of in compliance with Applicable Law. In connection with its oversight and coordination of the compliance procedures, Landlord shall (x) have access to all of Tenant's operations within the Premises at all times, following reasonable notice (or in the case of emergency, without notice), for the purpose of monitoring Tenant's compliance with Landlord's compliance procedures with respect to Hazardous Substances, (y) have Tenant's reasonable cooperation in complying with such procedures, and (z) promptly notify Tenant of any release or discovery of Hazardous Substances at the Premises not in compliance with Applicable Law and Landlord's procedures. Tenant shall comply with all duly adopted rulesindemnify, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify defend and hold Landlord, and Landlord’s Agents free and Landlord harmless from any and against any claimall losses, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out claims, causes of action, fines and penalties, whether incurred directly or indirectly, which relate to events occurring during the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises Lease Term and which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled arise solely as a result of Tenant’s 's use of Hazardous Substances at the Premises during the Lease Term. Further, notwithstanding anything to the contrary in this Lease, but without limiting Tenant's monetary obligations under the foregoing indemnity, Tenant is not permitted to maintain, repair, remediate or Tenant’s Agent’s acts otherwise conduct work with respect to the following portions of the Premises: (i) structural elements of the Premises, the building systems and portions of the Building containing insulation or omissionsfireproofing material on or in exterior walls, then Landlordcolumns, in addition beams, ceilings, pipes, ducts and other similar elements of the Building; (ii) any portion of the Premises more than six (6) feet below ground surface; or (iii) any portions of the Premises, the Building or the Land that are contaminated with Hazardous Substances, as of the Commencement Date, including, without limitation, any and all portions of the Premises, the Building or the Land that are subject to such remedies as Landlord may have under this Lease or pursuant to law or equityRegional Remedial Action Order HSA88/89016 and the Environmental Cleanup Agreement dated January 11, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policy1992.

Appears in 1 contract

Samples: Commercial Sub Sublease (General Inspection Laboratories Inc)

Tenant's Use. Tenant may use the Demised Premises for conducting its general office and laboratory related business. Tenant shall use the Demised Premises solely only for general office purposes lawful and proper purposes, which are permissible under applicable law (including under applicable zoning laws). Tenant shall not make any use of the Demised Premises, which will cause cancellation of any insurance policy covering the same and shall not keep or use on the Demised Premises for any article, item, or thing that is prohibited by the terms of this Lease. Tenant shall not commit any waste upon the Demised Premises and shall not conduct or allow any business, activity or thing on the Demised Premises which is or becomes unlawful, prohibited, or a nuisance or which may cause damage to Landlord, to occupants or other purpose tenants in the vicinity, or to other third parties. Tenant shall comply with and abide by all laws, ordinances, and regulations of all municipal, county, state and federal authorities which are now in force or which may hereafter become effective with respect to use and occupancy of the Demised Premises. Tenant shall make no alteration or addition to the premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant represents to Landlord may withhold in its sole that neither Tenant nor any affiliates of Tenant will generate, store or dispose of any Hazardous Substances (as defined below) at the Demised Premises and absolute discretionProperty. Tenant covenants with Landlord: a) not to generate, store or dispose of Hazardous Substances at the Premises, b) to deliver promptly to Landlord true and complete copies of all notices received by Tenant from any governmental authority with respect to the generation, storage or disposal by Tenant of Hazardous Substances at the Premises or Property; and c) to permit entry onto the Premises by Landlord or Landlord’s representative(s) at any reasonable time to verify Tenant’s compliance with the foregoing. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold defend Landlord (with legal counsel reasonably acceptable to Landlord, and Landlord’s Agents free and harmless ) from and against any claimcosts, lossfees or expenses (including, liabilitywithout limitation, expense or damagecleanup expenses, including third party claims and environmental impairment expenses and reasonable attorneys’ fees and costsexpenses) incurred by Landlord in connection with Tenant’s generation, arising out storage, or disposal of Hazardous Substances at the actual or asserted failure of Tenant to perform or comply Demised Premises in accordance with the CC&R’sforegoing and with Tenant’s compliance with the foregoing representations and covenants. This indemnification by Tenant shall not permit survive termination or make any use expiration of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLease.

Appears in 1 contract

Samples: Lease Agreement (Great Basin Scientific, Inc.)

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Tenant's Use. A. Tenant shall use and occupy the Premises solely for general office and administrative purposes consistent with the character of a first class office building and otherwise in accordance with the Prime Lease. Tenant shall not use the Premises for any other purpose without obtaining except that with the prior written consent approval of Prime Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it Prime Landlord has read no obligation to approve any such use and in the CC&R’s and knows the contents thereof. Throughout the Termevent Prime Landlord fails to grant any such approval, Tenant agrees that such failure shall faithfully and timely perform and comply with the CC&R’s and not be a default of Landlord under this Sublease nor shall Landlord have any modification or amendments thereof, provided that liability to Tenant is notified thereof by Landlord. as a result of such failure. B. Tenant shall comply with all duly adopted rulesfederal, state and local laws, ordinances, rules and regulations and restrictions as may be adopted from time the requirements of any Board of Fire Insurance Underwriters applicable to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises and any improvements of Tenant related thereto. C. Tenant shall keep the interior of the Premises in good order and condition and, on or before the Expiration Date, shall remove all personal property, fixtures, equipment, cabling, conduits, security systems and supplies which Tenant has placed in or about the Premises (other than the furniture and fixtures listed on Exhibit C) and any alterations, additions or improvements which Landlord shall request Tenant to remove at the time such improvements, additions or alterations are made (excepting the alterations, additions or improvements approved by Landlord and, if applicable, Prime Landlord, and made by Tenant in order to prepare the Premises for Tenant’s initial occupancy; provided that Landlord will increase only require removal in the existing rate of insurance upon event Prime Landlord requires removal). Any damage caused to the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance Premises by such removal shall be increased or any insurance policy covering the Project is canceled as a result of repaired by Tenant, at Tenant’s or Tenant’s Agent’s sole expense, and if Tenant fails to make such repairs, Landlord may do so and Tenant shall promptly reimburse Landlord for all of costs thereof. D. Tenant shall not, by its acts or omissions, then cause any increase in the premium for fire or other insurance covering the Building or the termination of any such insurance. E. Tenant shall not introduce on or transfer to the Premises, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises, nor transfer any Hazardous Materials from the Premises to any other location; and shall not commit or suffer to be committed in or on the Premises any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the Premises or to Hazardous Materials; provided that Tenant shall be permitted to use cleaning chemicals and typical office supplies to the same extent allowed under the Prime Lease. Landlord represents warrants and covenants that to the actual present knowledge of Landlord, without inquiry, no condition exists at the Premises which is in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt violation of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyenvironmental Laws.

Appears in 1 contract

Samples: Sublease (Celladon Corp)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s particular use and/or occupancy of the Premises. Tenant shall use the Premises solely for general office purposes in a careful, safe and proper manner and shall not use commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including, without limitation, conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises. Tenant shall not use or allow the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other purpose space in the Project. Tenant shall not place any machinery or equipment which would overload the floor in or upon the Premises or transport or move such items through the Common Areas of the Building or in the Building elevators without obtaining the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which Landlord may withhold in its sole and absolute discretion. Tenant agrees that will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the Property is subject and this Lease is subordinate existing capacity of the Building as proportionately allocated to the CC&R’s, a copy Premises based upon Tenant’s Share as usually furnished for the Permitted Use. From and after the Commencement Date through the expiration of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully have access to the Building, the Premises and timely perform the OKS Garage 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease. Landlord shall be responsible for the compliance of the Premises and the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (subject to the limitations and exclusions contained in Section 5 and to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements applicable to the Premises (except to the extent such violations result from a failure of the Premises to comply with Legal Requirements in effect as of the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”date of Delivery), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all such Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of to comply with any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLegal Requirement.

Appears in 1 contract

Samples: Lease Agreement (Relay Therapeutics, Inc.)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Txxxxx’s use and/or occupancy of the Premises. Tenant will use the Premises solely in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for general office purposes and any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project Tenant shall not use place any machinery or equipment weighing 500 pounds or more in or upon the Premises for any other purpose or transport or move such items through the Common Areas of the Building or in the Building elevators without obtaining the prior written consent of Landlord Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord may withhold shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) and at Tenant’s expense (to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, specific particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate expense, shall make any alterations or modifications to the CC&R’sinterior or the exterior of the Premises or the Project that are required by Legal Requirements (including, a copy without limitation, compliance of which has been provided the Premises with the ADA) related to Tenant. Tenant acknowledges that it has read ’s particular use or occupancy of the CC&R’s and knows Premises Notwithstanding any other provision herein to the contents thereof. Throughout the Termcontrary, Tenant shall faithfully be responsible for any and timely perform all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and comply all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the CC&RLegal Requirements related to Tenant’s and any modification particular use or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments occupancy of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. Premises or Tenant’s Alterations, and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of to comply with any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Legal Requirement related to Tenant’s use or Tenant’s Agent’s acts occupancy of the Premises or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyAlterations.

Appears in 1 contract

Samples: Lease Agreement (Camp4 Therapeutics Corp)

Tenant's Use. A. Tenant shall use and occupy the Premises solely for general office purposes consistent with the character of a first class office building and otherwise in accordance with the Prime Lease. Tenant shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. purpose. B. Tenant shall comply with all duly adopted Federal, State and local laws, ordinances, rules and regulations and the requirements of any Board of Fire Insurance Underwriters applicable to Tenant’s use of the Premises and any improvements of Tenant related thereto. Landlord shall comply with all such laws, ordinances, rules, regulations and restrictions requirements with respect to the construction of the Improvements set forth on Exhibit B. C. Tenant shall keep the interior of the Premises in good order and condition and, on or before the Expiration Date, shall remove Tenant’s personal property, fixtures, equipment, cabling, conduits, security systems and supplies which Tenant has placed in or about the Premises and any alterations, additions or improvements which Landlord shall request Tenant to remove at the time such improvements, additions or alterations are made (excepting any alterations, additions or improvements approved by Landlord and, if applicable, Prime Landlord, and the Improvements made by Landlord before the Commencement Date). Any damage caused to the Premises by such removal shall be repaired by Landlord, at Tenant’s sole expense. D. Tenant shall not, by its acts or omissions, cause any increase in the premium for fire or other insurance covering the Building or the termination of any such insurance. E. Tenant shall not introduce on or transfer to the Premises, any Hazardous Materials (as may hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises; nor generate, store, use, release, spill or dispose of any Hazardous Materials in or on the Premises, nor transfer any Hazardous Materials from the Premises to any other location; and shall not commit or suffer to be adopted from time to time by committed in or on the Premises any committee established act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, rules or regulations, present or future, applicable to the CC&Rs (“Association”), Premises or to Hazardous Materials; provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within permitted to use Permitted Chemicals (as defined in the definition Prime Lease) to the same extent allowed under the Prime Lease. Landlord represents warrants and covenants that to the actual present knowledge of Operating Expenses pursuant Landlord, without inquiry, no condition exists at the Premises which is in violation of Environmental Laws or any other law, regulation or code requirement. Tenant agrees that if it or anyone claiming under it shall generate, store, release, spill, dispose of or transfer to Paragraph 15.B. the Premises any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay Tenant’s Building Percentage of any fines, penalties or other assessments imposed by any governmental agency with respect to any such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant hazardous materials and shall defend, indemnify forthwith repair and hold Landlord, and Landlord’s Agents free and harmless from and against restore any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use portion of the Premises which will increase it shall disturb in so removing any such hazardous materials to the existing rate condition which existed prior to Tenant’s disturbance thereof. This shall not apply to Tenant’s normal cleaning supplies or things used in the normal course of insurance upon business such as toner, ink or any such other product used to operate Tenant’s law firm. Tenant and Landlord each agree to deliver promptly to the Projectother any notices, orders or cause the cancellation similar documents received from any governmental agency or official concerning any violation of any insurance policy covering Environmental Laws or with respect to any hazardous materials affecting the Project, Premises or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyProperty.

Appears in 1 contract

Samples: Sublease (Viking Therapeutics, Inc.)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord within 30 days after Tenant’s receipt of written demand therefor for any additional premium charged for any such insurance policy to the extent incurred by Landlord by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises solely in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for general office purposes and any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not use place any machinery or equipment that would overload the floor in or upon the Premises for any other purpose or transport or move such items through the Common Areas of the Project or in the Project elevators without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’sconsent shall not be unreasonably withheld, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification conditioned or amendments thereof, provided that Tenant is notified thereof by Landlorddelayed. Tenant shall comply with all duly adopted rulesnot, regulations and restrictions without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as may be adopted from time to time by any committee established pursuant proportionately allocated to the CC&Rs (“Association”)Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord shall be responsible, provided that Tenant is notified thereof by at Landlord. Any periodic or special dues or Outside Area assessments ’s cost and not as part of Operating Expenses, for the compliance of the Association Common Areas of the Project and the Property with Legal Requirements (including the ADA) as of the Commencement Date. Following the Commencement Date, Landlord shall be included within responsible for performing alterations or modifications to the definition Common Areas or the exterior of the Building that are required by Legal Requirements; provided, however, that Landlord shall be entitled to reimbursement for the costs thereof (a) as an Operating Expense (except to the extent the cost thereof is excluded from Operating Expenses pursuant to Paragraph 15.B. Section 5 hereof) to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located, and (b) at Tenant’s expense, only to the extent such Legal Requirement is triggered by reason of Tenant’s, as compared to other tenants of the Project, particular use (as opposed to use for as general laboratory and administrative office use) of the Premises or Tenant’s Alterations. Except as provided in the 2 immediately preceding sentences, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s particular use (as opposed to use for as general laboratory and administrative office use) of the Premises or Tenant’s Alterations. Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements related to Tenant’s particular use (as opposed to use for as general laboratory and administrative office use) or occupancy of the Premises or Tenant’s Alterations, and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of to comply with any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Legal Requirement related to Tenant’s particular use (as opposed to use for as general laboratory and administrative office use) or occupancy of the Premises or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyAlterations.

Appears in 1 contract

Samples: Lease Agreement (Invivo Therapeutics Holdings Corp.)

Tenant's Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions, and in compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises solely in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for general office purposes and any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not use place any machinery or equipment weighing 500 pounds or more in or upon the Premises for any other purpose or transport or move such items through the Common Areas of the Building or in the Building elevators without obtaining the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. Landlord may withhold shall be responsible for the compliance of the Common Areas of the Project with Legal Requirements as of the Commencement Date. Following the Commencement Date, Landlord shall, as an Operating Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises or Tenant’s Alterations) make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate expense, shall make any alterations or modifications to the CC&R’sinterior of the Premises that are required by Legal Requirements (including, a copy without limitation, compliance of which has been provided the Premises with the ADA. Notwithstanding any other provision herein to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Termcontrary, Tenant shall faithfully be responsible for any and timely perform all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and comply all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the CC&R’s and any modification or amendments thereofLegal Requirements, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall indemnify, defend, indemnify hold and hold Landlord, and Landlord’s Agents free and save Landlord harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, all Claims arising out of the actual or asserted in connection with any failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of to comply with any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLegal Requirement.

Appears in 1 contract

Samples: Lease Agreement (AVROBIO, Inc.)

Tenant's Use. Tenant shall use the Premises solely for general office purposes the operation of an automotive maintenance and repair business and a tour bus parking facility including, but not limited to, the housing, fueling, maintaining and repairing of automobiles, buses, motor trucks, and trailers, including outside parking and storage of such vehicles. Any other use, or change of use, shall be reasonably related to the uses set forth in this paragraph and subject to the prior written consent of the Landlord, which consent shall not use the Premises for any other purpose without obtaining be unreasonably withheld; provided however, that uses unrelated to those set forth in this paragraph shall be subject to the prior written consent of Landlord, which Landlord may withhold in its be granted or withheld at Landlord’s sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any All use of the Premises which will increase under the existing rate terms of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance this Lease shall be increased or any insurance policy covering consistent with the Project is canceled as a result provisions of the City of Williamsburg zoning ordinance applicable to the Premises. Tenant shall reimburse Landlord in an amount equal to Tenant’s or Proportionate Share of all amounts payable by Landlord under Article V (Alterations and Improvements) and Article VII (Maintenance and Repairs). Tenant’s Agent’s acts or omissions, then Landlord, in addition Proportionate Share with respect to such remedies as Landlord may have under this Lease or pursuant to law or equity, the Premises shall be entitled 100%. Tenant’s Proportionate Share with respect to reimbursement from the Common Areas shall be 50%. Tenant within ten shall reimburse Landlord for Tenant's Proportionate Share of real estate taxes and assessments as described in Section IV (10Impositions). For purposes of determining the continuing costs of utilities as further described in Article X (Utilities and Services) days after receipt of written demand therefor for the entire amount of said increase or Premises that are not in any additional amount which must other way separable into Tenant and Landlord shares, Tenant's Proportionate Share shall be paid 67% and Landlord's Proportionate Share shall be 33%. Tenant shall reimburse Landlord for a new insurance policyutility costs as defined herein.

Appears in 1 contract

Samples: Lease Agreement

Tenant's Use. Tenant may use the Demised Premises for: general office ,laboratory, manufacturing and distribution of its related business. Tenant shall use the Demised Premises solely only for general office purposes lawful and proper purposes, which are permissible under applicable law (including under applicable zoning laws). Tenant shall not make any use of the Demised Premises, which will cause cancellation of any insurance policy covering the same and shall not keep or use on the Demised Premises for any article, item, or thing that is prohibited by the terms of this Lease. Tenant shall not commit any waste upon the Demised Premises and shall not conduct or allow any business, activity or thing on the Demised Premises which is or becomes unlawful, prohibited, or a nuisance or which may cause damage to Landlord, to occupants or other purpose tenants in the vicinity, or to other third parties. Tenant shall comply with and abide by all laws, ordinances, and regulations of all municipal, county, state and federal authorities which are now in force or which may hereafter become effective with respect to use and occupancy of the Demised Premises. Tenant shall make no alteration or addition to the premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant represents to Landlord may withhold in its sole that neither Tenant nor any affiliates of Tenant will generate, store or dispose of any Hazardous Substances (as defined below) at the Demised Premises and absolute discretionProperty. Tenant covenants with Landlord: a) not to generate, store or dispose of Hazardous Substances at the Premises, b) to deliver promptly to Landlord true and complete copies of all notices received by Tenant from any governmental authority with respect to the generation, storage or disposal by Tenant of Hazardous Substances at the Premises or Property; and c) to permit entry onto the Premises by Landlord or Landlord’s representative(s) at any reasonable time to verify Tenant’s compliance with the foregoing. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold defend Landlord (with legal counsel reasonably acceptable to Landlord, and Landlord’s Agents free and harmless ) from and against any claimcosts, lossfees or expenses (including, liabilitywithout limitation, expense or damagecleanup expenses, including third party claims and environmental impairment expenses and reasonable attorneys’ fees and costsexpenses) incurred by Landlord in connection with Tenant’s generation, arising out storage, or disposal of Hazardous Substances at the actual or asserted failure of Tenant to perform or comply Demised Premises in accordance with the CC&R’sforegoing and with Tenant’s compliance with the foregoing representations and covenants. This indemnification by Tenant shall not permit survive termination or make any use expiration of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policyLease.

Appears in 1 contract

Samples: Lease Agreement (Great Basin Scientific, Inc.)

Tenant's Use. Tenant shall have the right ------------ to store, use and handle Hazardous Substances on the Premises solely for general office purposes provided: (a) that Tenant shall obtain, at its own cost an expense, environmental insurance naming Landlord as an additional insured and shall not use (b) that such Hazardous Substances are used in the operation of Tenant's business or are brought onto the Premises for any other purpose without obtaining in the prior written consent ordinary course of LandlordTenant's business and are stored, which Landlord may withhold used, handled and disposed of in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply compliance with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlordall Applicable Law. Tenant shall comply be responsible for all costs incurred in complying with all duly adopted rulesApplicable Law relating to Hazardous Substances which Tenant or its agents, regulations and restrictions as may be adopted from contractors, or invitees store, use or handle in or upon the Premises at any time to time by any committee established pursuant to during the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15Lease Term. Tenant shall defendindemnify, indemnify defend and hold Landlord, and Landlord’s Agents free and Landlord harmless from and against any claim, loss, liability, expense and all Claims which arise on or damage, including reasonable attorneys’ fees and costs, arising out of after the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use date that possession of the Premises which will increase is delivered to Tenant, including at any time after the existing rate expiration of insurance upon the ProjectLease Term, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of any Hazardous Substance Condition, but only to the extent such Hazardous Substance Condition was caused by Tenant’s 's operations during the Lease Term; provided, however, that in no event shall Tenant be liable for any Claims resulting from routine leakage from vehicles parked on or traveling across the Premises or any portion thereof, nor from the migration or leaching of Hazardous Substances that were not released at the Premises due to Tenant’s Agent’s acts 's operations, nor shall such leakage or omissionsmigration of Hazardous Substances be deemed a violation of Tenant's obligations hereunder. Further, then notwithstanding anything to the contrary in this Lease, Tenant is not permitted to maintain, repair, renovate, remediate or otherwise conduct work with respect to the following portions of the Premises owned by Landlord: (i) structural elements of the Premises, the building systems and portions of the Building containing insulation or fireproofing material on or in addition to such remedies exterior walls, columns, beams, ceilings, pipes, ducts and the like; (ii) any portion of the Premises more than 6 feet below ground surface; or (iii) any equipment, structures or facilities located on the Premises as Landlord may have under of the Commencement Date which were previously used in operations involving Hazardous Substances, including, without limitation, any underground storage tanks, sumps, septic systems or retention ponds. Tenant shall at all times during the term of this Lease or pursuant maintain a policy of insurance with respect to law or equity, the oil tank existing at the Premise and shall be entitled to reimbursement from Tenant within ten (10) days after receipt of written demand therefor for the entire amount of said increase or any name Landlord as an additional amount which must be paid for a new insured under such oil tank insurance policy.

Appears in 1 contract

Samples: Lease Agreement (Touchstone Applied Science Associates Inc /Ny/)

Tenant's Use. Tenant shall use the Premises solely for general office purposes and shall not use the Premises for any other purpose without obtaining the prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. Tenant agrees that the Property is subject and this Lease is subordinate to the CC&R’s, a copy of which has been provided to Tenant. Tenant acknowledges that it has read the CC&R’s and knows the contents thereof. Throughout the Term, Tenant shall faithfully and timely perform and comply with the CC&R’s and any modification or amendments thereof, provided that Tenant is notified thereof by Landlord. Tenant shall comply with all duly adopted rules, regulations and restrictions as may be adopted from time to time by any committee established pursuant to the CC&Rs (“Association”), provided that Tenant is notified thereof by Landlord. Any periodic or special dues or Outside Area assessments of the Association shall be included within the definition of Operating Expenses pursuant to Paragraph 15.B. and Tenant shall pay Tenant’s Building Property Percentage of such amounts over the Base Year amounts as further set forth in Paragraph 15. Tenant shall defend, indemnify and hold Landlord, and Landlord’s Agents free and harmless from and against any claim, loss, liability, expense or damage, including reasonable attorneys’ fees and costs, arising out of the actual or asserted failure of Tenant to perform or comply with the CC&R’s. Tenant shall not permit or make any use of the Premises which will increase the existing rate of insurance upon the Project, or cause the cancellation of any insurance policy covering the Project, or any part thereof. If the existing rate of insurance shall be increased or any insurance policy covering the Project is canceled as a result of Tenant’s or Tenant’s Agent’s acts or omissions, then Landlord, in addition to such remedies as Landlord may have under this Lease or pursuant to law or equity, shall be entitled to reimbursement from Tenant within ten (10) days after receipt of upon written demand therefor for the entire amount of said increase or any additional amount which must be paid for a new insurance policy.

Appears in 1 contract

Samples: Office Lease Agreement (Spatializer Audio Laboratories Inc)

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