Common use of Tenant's Use Clause in Contracts

Tenant's Use. Tenant shall use and occupy the Premises solely for ------------ development, marketing and sale of its Chemdex electronic commerce solutions, general office purposes, purposes related or incidental thereto, and for no other use or purpose whatsoever without the prior written consent of Landlord, which consent may be withheld or conditioned in Landlord's sole discretion. Tenant covenants and agrees that its electronic commerce solutions business does not and shall not require Tenant to use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other materials which are the subject of its electronics commerce solutions business or otherwise and that Tenant shall not use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other similar materials (even in di minimus amounts) for any reason or purpose whatsoever. Tenant shall not use or occupy the Premises in violation of any law, regulation, code, ordinance or governmental approval or condition for the Premises, and shall, upon written notice from Landlord, discontinue any use of the Premises which is not permitted by this Lease. Tenant shall, at Tenant's sole cost and expense, comply with any directive of any governmental authority which shall, by reason of the specific nature of Tenant's use or occupancy of the Premises, impose any duty, condition, order, exaction or other demand upon Tenant or Landlord with respect to the Premises including, without limitation, any Environmental Laws, or with respect to the use or occupation thereof. Tenant shall secure any and all permits and licenses required to conduct its business in the Premises. Tenant shall not do (or permit any Tenant Party to do) anything which will invalidate or increase the cost of any insurance policy covering the Premises and/or property located therein.

Tenant's Use. Tenant shall use and occupy the Premises solely for ------------ development, marketing and sale of its Chemdex electronic commerce solutions, general office purposes, the purposes related or incidental thereto, and for no other use or purpose whatsoever without the prior written consent of Landlord, which consent may be withheld or conditioned set forth in LandlordTenant's sole discretion. Tenant covenants and agrees that its electronic commerce solutions business does not and shall not require Tenant to use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other materials which are the subject of its electronics commerce solutions business or otherwise and that Tenant shall not use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other similar materials (even in di minimus amounts) for any reason or purpose whatsoeverUse Clause. Tenant shall not use or occupy the Premises in violation of law or any lawcovenant, regulation, code, ordinance condition or governmental approval restriction affecting the Building or condition Project or the certificate of occupancy issued for the PremisesBuilding or Project, and shall, upon written notice from Landlord, immediately discontinue any use of the Premises which that is not permitted declared by this Leaseany governmental authority having jurisdiction to be a violation of law or the certificate of occupancy. Tenant shallTenant, at Tenant's sole own cost and expense, shall comply with all laws, ordinances, regulations, rules and/or any directive directions of any governmental authority agencies or authorities having jurisdiction which shall, by reason of the specific nature of Tenant's use or occupancy of the Premises, impose any duty, condition, order, exaction or other demand duty upon Tenant or Landlord with respect to the Premises includingor its use or occupation. A judgment of any court of competent jurisdiction or the admission by Tenant in any action or proceeding against Tenant that Tenant has violated any such laws, without limitationordinances, any Environmental Lawsregulations, or with respect to rules and/or directions in the use or occupation thereof. Tenant of the Premises shall secure any be deemed to be a conclusive determination of that fact as between Landlord and all permits and licenses required to conduct its business in the PremisesTenant. Tenant shall not do (or permit any Tenant Party to do) anything be done anything, which will invalidate or increase the cost of any fire, extended coverage or other insurance policy covering the Premises Building or Project and/or property located therein, and shall comply with all rules, orders, regulations, requirements and recommendations of the Insurance Services Office or any other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Article. Tenant shall not do or permit anything to be done in or about the Premises that will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises.

Tenant's Use. Tenant The Premises shall use and occupy the Premises be used solely for ------------ development, marketing and sale of its Chemdex electronic commerce solutions, general office purposes, purposes related or incidental theretothe Permitted Use set forth in the Basic Lease Provisions, and for no other use or purpose whatsoever without the prior written consent of Landlordin compliance with all laws, which consent may be withheld or conditioned in Landlord's sole discretion. Tenant orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and agrees that its electronic commerce solutions business does not and shall not require Tenant restrictions now or hereafter applicable to use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other materials which are the subject of its electronics commerce solutions business or otherwise and that Tenant shall not use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other similar materials (even in di minimus amounts) for any reason or purpose whatsoever. Tenant shall not use or occupy the Premises in violation of any law, regulation, code, ordinance or governmental approval or condition for 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 not permitted declared by this Leaseany Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant shallwill 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 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 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 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 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 shall be responsible, at Tenant's Xxxxxxxx’s sole cost and expense, comply for the compliance of the Premises and the Common Areas of the Project with any directive Legal Requirements (including the ADA) as of any governmental authority which 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 nature use of the Premises or Tenant's ’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 or the exterior of the Premises or the Project that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s specific use or occupancy of the Premises, impose . Notwithstanding any duty, condition, order, exaction or other demand upon Tenant or Landlord with respect provision herein to the Premises 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, any Environmental Lawsreasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with respect the failure of the Premises to the comply with Legal Requirements related to Tenant’s specific use or occupation thereof. occupancy of the Premises or Tenant’s Alterations, and Tenant shall secure indemnify, defend, hold and save Landlord harmless from and against any and all permits and licenses required to conduct its business Claims arising out of or in the Premises. Tenant shall not do (or permit connection with any Tenant Party to do) anything which will invalidate or increase the cost failure of any insurance policy covering the Premises and/or property located thereinto comply with Legal Requirements related to Tenant’s specific use or occupancy of the Premises or Tenant’s Alterations.

Tenant's Use. Tenant The Premises shall use and occupy the Premises be used solely for ------------ development, marketing and sale of its Chemdex electronic commerce solutions, general office purposes, purposes related or incidental theretothe Permitted Use set forth in the Basic Lease Provisions, and for no other use or purpose whatsoever without the prior written consent of Landlordin compliance with all laws, which consent may be withheld or conditioned in Landlord's sole discretion. Tenant orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and agrees that its electronic commerce solutions business does not and shall not require Tenant restrictions now or hereafter applicable to use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other materials which are the subject of its electronics commerce solutions business or otherwise and that Tenant shall not use or bring onto the Premises, other than Permitted Materials, any Hazardous Materials, pharmaceuticals, drugs, chemicals or other similar materials (even in di minimus amounts) for any reason or purpose whatsoever. Tenant shall not use or occupy the Premises in violation of any law, regulation, code, ordinance or governmental approval or condition for 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 not permitted declared by this Leaseany Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant shallwill 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, at Tenant's sole cost and expenseincrease the insurance risk, comply with any directive or cause the disallowance of any governmental authority which shallsprinkler 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 specific nature provisions of this Section or otherwise caused by Tenant's ’s particular use or and/or occupancy of the Premises, impose any duty, condition, order, exaction or other demand upon Tenant or Landlord with respect to the Premises including, without limitation, any Environmental Laws, or with respect to the use or occupation thereof. Tenant shall secure any use the Premises in a careful, safe and all permits proper manner and licenses required shall not commit or permit waste, overload the floor or structure of the Premises, or subject the Premises to conduct its business in use that would damage the Premises. Tenant shall not do (obstruct or permit 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 Party shall not use or allow the Premises to do) anything 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 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 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 invalidate require ventilation, air exchange, heating, gas, steam, electricity or increase water beyond the. existing capacity of the cost Building as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use. From and after the Commencement Date through the expiration of the Term, Tenant shall have access to the Building and 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 insurance policy covering installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease. Landlord shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the ADA, provided that 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 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 and/or property located therein.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 Legal Requirements in effect as of the date of Delivery), and Tenant shall indemnify, defend, hold and save ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under