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Common use of Tenant's Use Clause in Contracts

Tenant's Use. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, stored or used in or about the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, except that Tenant, in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from the Premises. Tenant shall keep all incinerators, containers or other equipment used for the storage or disposal of such matter in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system of the Buildings for the disposal of anything except as permitted by any governmental entity.

Appears in 1 contract

Samples: Lease Agreement (Fibrogen Inc)

Tenant's Use. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, stored or used in or about the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, except that Tenant, in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1i) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about may use the Premises for one hundred twenty (120) days or moregeneral office purposes and all lawful ancillary purposes consistent with Class A office building usage, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, the conducting of a commercial law practice and any activities reasonably ancillary thereto, and those ancillary purposes set forth below, and for no other purpose whatsoever. Tenant may use any storage space within the Premises (or treatment described in Paragraph 6(M) below) for storage of Hazardous Materials records as well as furniture, equipment, supplies, attic stock and materials of the type customarily used by office building tenants or hazardous wastes which could have such a result)contemplated by the uses referred to in this Article. (3ii) Tenant shall not install or may also operate and maintain any underground storage tanks. (4) Tenant shall not keep any trashin the Premises, garbagesubject to all Laws and applicable provisions of this Lease, waste or other refuse on as uses ancillary to Tenant’s use of the Premises except in sanitary containers for general office purposes, (a) a kitchen, lunchroom, cafeteria, dining room, vending, lounge, break areas (that may include, without limitation, microwaves, coffee makers, toasters, refrigerators and dishwashers), exercise facilities, training centers, meeting facilities and automatic teller machines (all of which shall regularly be solely for the use of Tenant’s personnel and frequently remove the same from the Premises. Tenant shall keep all incineratorsoffice business invitees), containers or (b) such printing, mail handling, duplicating, reproduction, photographic word processing, data processing, communications, and such other equipment used and facilities or technologies (whether or not in existence or commercial use at the time of execution of this Lease), as Tenant may deem necessary, desirable or convenient for the storage conduct of its business or disposal of such matter in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system of the Buildings for the disposal comfort, convenience or well being of anything except its personnel and office business invitees, (c) additional lavatory facilities ancillary to Tenant’s conference center, (d) a day care center, and (e) such other uses as permitted by may, from time to time, be consistent with office tenancy in Class A office buildings in downtown Chicago (provided that such uses described in clauses (d) and (e) above do not result in an increase in any governmental entitycosts or liabilities to Landlord, unless Tenant agrees to pay the same).

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Tenant's Use. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, stored or used in or about use the Premises solely for the purposes stated in ¶1. and for no other purposes without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed . Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or conditioned, except that Tenant, in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority warranty with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal Premises or with respect to the suitability of Hazardous Materials or wastes by Tenant or the Premises to the conduct of Tenant’s Parties onbusiness, under nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises, except as provided in writing in this Lease. With reasonable notice to Tenant, Landlord may from time to time, at its sole discretion, make such modifications, alterations, deletions or improvements to the Premises as Landlord may reasonably deem necessary or desirable, without compensation to Tenant. Tenant shall promptly comply with all laws, statutes, ordinances, orders and governmental regulations now or hereafter existing affecting the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex. (2) Tenant shall not (A) operate on bring or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about keep anything in the Premises that could result will in any way increase the Premises being deemed premiums paid by Landlord on its insurance related to be a “hazardous waste facility” (including, but the Premises. Tenant will not limited to, perform any storage act or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain carry on any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from practices that may injure the Premises. Tenant shall keep 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 sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all incinerators, containers or other equipment used for the storage or disposal of such matter in a clean and sanitary conditionnecessary insulation. Tenant shall properly dispose not do anything on the Premises which will overload any existing parking or service to the Premises. Pets and/or animals of all sanitary sewage and any type (other than seeing eye dogs) shall not use be kept on the sewage disposal system Premises. Tenant covenants that it will not interfere with other tenants’ quiet enjoyment of the Buildings for the disposal of anything except as permitted by any governmental entitytheir premises.

Appears in 1 contract

Samples: Standard Single Tenant NNN Lease (Lsi Logic Corp)

Tenant's Use. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, stored or used in or about use the Premises solely for the purposes stated in ¶1 and for no other purposes without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed . Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or conditioned, except that Tenant, in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority warranty with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal Premises or with respect to the suitability of Hazardous Materials or wastes by Tenant or the Premises to the conduct of Tenant’s Parties onbusiness, under nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises, except as provided in writing in this Lease. With reasonable notice to Tenant, Landlord may from time to time, at its sole discretion, make such modifications, alterations, deletions or improvements to the Premises as Landlord may reasonably deem necessary or desirable, without compensation to Tenant. Tenant shall promptly comply with all laws, statutes, ordinances, orders and governmental regulations now or hereafter existing affecting the Premises. Tenant shall not do or permit anything to be done in or about the Premises or the Complex. (2) Tenant shall not (A) operate on bring or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about keep anything in the Premises that could result will in any way increase the Premises being deemed premiums paid by Landlord on its insurance related to be a “hazardous waste facility” (including, but the Premises. Tenant will not limited to, perform any storage act or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain carry on any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from practices that may injure the Premises. Tenant shall keep 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 sound insulation is required to muffle noise produced by Tenant on the Premises, Tenant at its own cost shall provide all incinerators, containers or other equipment used for the storage or disposal of such matter in a clean and sanitary conditionnecessary insulation. Tenant shall properly dispose not do anything on the Premises which will overload any existing parking or service to the Premises. Pets and/or animals of all sanitary sewage and any type (other than seeing eye dogs) shall not use be kept on the sewage disposal system Premises. Tenant covenants that it will not interfere with other tenants’ quiet enjoyment of the Buildings for the disposal of anything except as permitted by any governmental entitytheir premises.

Appears in 1 contract

Samples: Standard Single Tenant NNN Lease (Lsi Logic Corp)

Tenant's Use. Tenant shall not cause or permit any Hazardous Material use the Premises for the Permitted Use, and for no other purpose whatsoever, subject to and in compliance with all other provisions of this Lease, including without limitation the Rules and Regulations (as hereinafter defined). Tenant and its invitees shall also have the non-exclusive right, along with other tenants of the Building, Landlord and others having the right to the use thereof pursuant to the Project Documents, to use the Building Common Areas and the “Common Areas and Facilities” (as defined in the Project Documents) subject to the Project Documents and the Rules and Regulations. Landlord represents, to the best of its information, knowledge and belief, that the Premises are permitted by Law to be brought upon, kept, stored used for the Permitted Use. Tenant shall have the non-exclusive right to use the Building’s fire stairs as communicating stairs between the floors (whether full or used in or about partial) making up the Premises without (the “Fire Stairs”). As part of such use, Tenant shall have the right to (i) choose and install, at Tenant’s sole cost and expense, design finishes in the Fire Stairs and (ii) install card key access from the Fire Stairs to the Premises; provided, however, any such installations shall (a) be subject to Landlord’s prior written consent of Landlordapproval, which consent approval shall not be unreasonably withheld, delayed conditioned or conditioneddelayed, except that Tenant, (b) be tied to the Building’s life safety systems and otherwise in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply accordance with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, those of the City of Boston Fire Department, (c) not increase Landlord’s insurance premiums or rate of insurance (unless Tenant pays for any storage such increase), or treatment of Hazardous Materials or hazardous wastes which could have such a result). decrease the coverage provided under Landlord’s insurance policies, and (3d) be maintained by Tenant at Tenant’s sole cost, except with respect to the janitorial service to be provided by Landlord under Section 7.C. Notwithstanding the foregoing, Landlord shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on be permitted to override Tenant’s access system if Landlord needs to access the Premises except via the Fire Stairs in sanitary containers and shall regularly and frequently remove the same from the Premises. Tenant shall keep all incinerators, containers event of an emergency or other equipment used for the storage or disposal of such matter as otherwise deemed necessary in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system of the Buildings for the disposal of anything except as permitted by any governmental entityLandlord’s reasonable discretion upon reasonable advance notice to Tenant.

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Tenant's Use. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, stored or used in or about agrees that the Premises without will be used and occupied by Tenant only for those uses permitted by Section 1.10 of this Lease. Notwithstanding anything to the prior written consent of Landlordcontrary contained in the foregoing, which consent shall not be unreasonably withheld, delayed or conditioned, except that Tenant, in connection with its permitted use Tenant may operate a retail store from a portion of the Premises located on the first floor of the Building to sell or provide to the public at no cost, Tenant’s products so long as provided in Section 1.13 and 9.1such retail store is not visible from the front lobby of the Building. In Tenant’s retail store on the first floor of the Building, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Lawsbe allowed to sell fresh juices and smoothies, rules, regulations, orders, permits, licenses health and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” promotional products (including, but not limited to, apparel, headwear, drinkware, activity items, health-oriented books and nutritional products), juice-related equipment and supplies. However, in no event shall Tenant sell or provide to the public specialty coffees or teas or any storage other coffee or treatment tea service, breakfast food items or deli foods from any portion of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from the Premises. Tenant may submit to Landlord a written request from time to time to sell other items from Tenant’s retail store, and Landlord’s approval to such request will not be unreasonably withheld so long as such items do not violate the existing exclusive uses of other tenants in the Building or Hall Office Park. From and after the date of this Lease, Landlord shall keep all incineratorsnot enter into a lease for space in this Building or in the new building being constructed at 3000 Xxxxxx Xxxxxxx, containers or other equipment used for the storage or disposal Xxxxxx, Xxxxx, with a tenant whose sales of fresh juice and smoothie products exceed ten percent (10%) of such matter in tenant’s total sales from such location (“Tenant’s Exclusive Use”); provided, however, nothing shall preclude Landlord from leasing space to a clean restaurant tenant who sells juice beverages ancillary to its business and sanitary conditionsuch sales account for less than ten percent (10%) of such restaurant’s total sales from such location. Tenant shall properly dispose of all sanitary sewage and shall In addition, Landlord agrees that it will not use approve or consent to any assignment or sublease by an existing tenant (to the sewage disposal system of the Buildings for the disposal of anything except as permitted by extent Landlord is entitled to withhold such approval or consent) that would allow any governmental entityoccupant to violate Tenant’s Exclusive Use.

Appears in 1 contract

Samples: Office Lease Agreement (Jamba, Inc.)

Tenant's Use. of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors, machinery and equipment in or otherwise serving the Demised Premises. in order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not cause or permit any Hazardous Material to be brought uponnot, kept, stored or used in or about the Premises without the Landlord's prior written consent of Landlordin each instance, which consent shall not be unreasonably withheldconnect any additional fixtures, delayed machinery, appliances or conditionedequipment to the Building electric distribution system or make any alteration or addition to Tenant's machinery, except that Tenantappliances or equipment, in connection with its permitted use or the electric system of the Demised Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse existing on the Premises except in sanitary containers Commencement Date, other than typewriters, copiers, computer terminals, copying machines, communications equipment such as telephones, appliances, word processors, fax machines, scanners, binding machines, projectors, monitors, peripherals, disc drives, personal computers, servers, printers, modems, computer accessories, coffee maker, rice cooker, toaster oven, microwave, water cooler and shall regularly and frequently remove the same from the Premisesother small office machines that consume comparable amounts of electricity. Tenant shall keep Should Landlord grant such consent, all incinerators, containers additional risers or other equipment used for required therefor shall provided by Landlord, and the storage or disposal cost thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord may require Tenant to agree to an increase in the Fixed Rent by an amount which will reflect the value to Tenant of the additional service to be furnished by Landlord, that is, the potential additional electrical energy to be made available to Tenant based upon the estimated additional capacity of such matter in a clean additional risers or other equipment. If Landlord and sanitary condition. Tenant cannot agree thereon, Tenant shall properly dispose of all sanitary sewage nevertheless pay the same as billed until such amount shall be determined by an independent utility consultant to be selected by Landlord and shall not use the sewage disposal system paid by Tenant. The determination of the Buildings for consultant shall be subject to the disposal provisions of anything except as permitted by any governmental entitySection 4.07(b). When the amount of such increase is so determined, the parties shall execute an agreement supplementary hereto to reflect such increase in the amount of the Fixed Rent stated in this Lease and in the amount set forth in Section 4.01, effective from the date such additional service is made available to Tenant, but such increase shall be effective from such date even if such supplementary agreement is not executed.

Appears in 1 contract

Samples: Lease Agreement (Caminus Corp)

Tenant's Use. Tenant shall use the Premises for the Permitted Use, in compliance with Applicable Laws. Excepting those activities which are reasonable and necessary for Tenant to conduct Tenant’s Permitted Use, Tenant shall not cause do or permit any Hazardous Material anything to be brought upon, kept, stored or used done in or about the Premises without or bring or keep anything in the prior written consent Premises that will in any way increase the premiums paid by Landlord on its insurance related to the Project or which will in any way increase the premiums for fire or casualty insurance carried by other tenants in the Project. Tenant will not perform any act or carry on any practice that may injure the Premises or all or any part of Landlordthe Project that may be a nuisance or menace to other tenants in the Project, which consent or that shall in any way interfere with the quiet enjoyment of such other tenants. Tenant shall not use the Premises for sleeping or the preparation, manufacture or mixing of anything that might emit and objectionable odor, noises, vibrations or lights onto such other tenants. If 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 that will overload any existing parking or service to the Premises. Pets and/or animals of any type shall not be unreasonably withheld, delayed or conditioned, except that Tenant, in kept on the Premises. In connection with its permitted Tenant’s use of the Premises and the Common Area, Tenant will observe and comply with, and shall cause Tenant’s Agents to observe and comply with, the rules and regulations set forth in Exhibit E and with such further reasonable rules and regulations as provided in Section 1.13 and 9.1, Landlord may keep, store and use materials that constitute Hazardous Materials which are customary prescribe from time to time. Landlord shall not be responsible to Tenant for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict the non-compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses said rules and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes regulations by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from the Premises. Tenant shall keep all incinerators, containers or other equipment used for the storage or disposal of such matter in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system tenants of the Buildings for the disposal of anything except as permitted by any governmental entityProject.

Appears in 1 contract

Samples: Ground Lease Agreement (Imaging3 Inc)

Tenant's Use. Tenant shall not cause or permit any have the right ------------ to store, use and handle Hazardous Material to be brought uponSubstances on the Premises provided: (a) that Tenant shall obtain, keptat its own cost an expense, stored or environmental insurance naming Landlord as an additional insured and (b) that such Hazardous Substances are used in the operation of Tenant's business or about are brought onto the Premises without in the prior written consent ordinary course of LandlordTenant's business and are stored, used, handled and disposed of in compliance with all Applicable Law. Tenant shall be responsible for all costs incurred in complying with all Applicable Law relating to Hazardous Substances which consent Tenant or its agents, contractors, or invitees store, use or handle in or upon the Premises at any time during the Lease Term. Tenant shall not be unreasonably withheldindemnify, delayed defend and hold Landlord harmless from and against any and all Claims which arise on or conditioned, except after the date that Tenant, in connection with its permitted use possession of the Premises is delivered to Tenant, including at any time after the expiration of the Lease Term, as provided in Section 1.13 and 9.1a result of any Hazardous Substance Condition, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided but only to the extent such Hazardous Materials are keptSubstance Condition was caused by Tenant's operations during the Lease Term; provided, stored and used however, that in quantities which are customary 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 operations, nor shall such leakage or migration of Hazardous Substances be deemed a violation of Tenant's obligations hereunder. Further, notwithstanding anything to the contrary in this Lease, Tenant is not permitted use and are keptto maintain, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Lawsrepair, rulesrenovate, regulations, orders, permits, licenses and operating plans of any governmental authority remediate or otherwise conduct work with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal following portions of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises owned by Landlord: (i) structural elements of the Premises, the building systems and portions of the Building containing insulation or the Complex. (2) Tenant shall not (A) operate fireproofing material on or about in 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 facility required to be permitted equipment, structures or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant facilities located on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or moreas of the Commencement Date which were previously used in operations involving Hazardous Substances, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited towithout limitation, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbagesumps, waste septic systems or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from the Premisesretention ponds. Tenant shall keep at all incinerators, containers or other equipment used for times during the storage or disposal term of such matter in this Lease maintain a clean and sanitary condition. Tenant shall properly dispose policy of all sanitary sewage insurance with respect to the oil tank existing at the Premise and shall not use the sewage disposal system of the Buildings for the disposal of anything except name Landlord as permitted by any governmental entityan additional 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 not cause or permit any Hazardous Material to will be brought uponsolely responsible for obtaining all ------------ necessary certificates (e.g., kept, stored or used in or about Certificate of Occupancy) and licenses necessary for Tenant's occupancy of the Premises without and conducting its business therein. Tenant will not occupy or use any portion of the prior written consent Premises for any purpose other than the Sole Permitted Use or for any purpose which is unlawful or which, in the good faith judgment of Landlord, is disreputable or which consent shall is hazardous due to risk of fire, explosion or other casualty. Tenant will not be unreasonably withheld, delayed permit occupancy or conditioned, except that Tenant, in connection with its permitted use of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or the Complex. (2) Tenant shall not (A) operate on or about the Premises any facility required to be permitted or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) or for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. more than four (4) persons per 1,000 square feet of Rentable Space of the Premises; nor will Tenant permit anything to be done which will in any way (i) increase the rate of fire and casualty insurance on the Building or its contents, (ii) tend to lower the first-class character of the Building, (iii) create unreasonable elevator loads or otherwise interfere with standard building operations, or (iv) affect the structural integrity or design capabilities of the Building or any portion thereof (e.g., a floor being occupied by Tenant). In the event that, by reason of any act or conduct or business of Tenant, there shall be any increase in the rate of insurance on the Building or its contents created by Tenant's acts or conduct or business, then Tenant hereby agrees to pay Landlord the amount of such increase on demand. Tenant will conduct its business, and control its agents, employees, and invitees in such a manner as not to create any nuisance or interfere with, annoy or disturb other tenants or Landlord in the management of the Building. Notwithstanding anything to the contrary which may be contained in this Paragraph 14 or in Exhibit E attached to this Lease, Landlord hereby agrees to Tenant's use of the following vendors for it use of the Premises: AT&T, UUNet, SWBell, Nortel Networks, VTEL, Lanstar, Inc., Discovery Cablings System, and Honeywell. In addition, Landlord further agrees that Tenant shall not keep any trashhave the right to select its own vendors/contractors for audio-visual, garbageinformation-technology and security improvements; provided, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from the Premises. however, that Tenant shall keep all incinerators, containers or other equipment used must inform Landlord of which vendor(s)/contractor(s) Tenant has selected for the storage or disposal of such matter in a clean and sanitary condition. Tenant shall properly dispose of all sanitary sewage and shall not use the sewage disposal system of the Buildings for the disposal of anything except as permitted by any governmental entityimprovements.

Appears in 1 contract

Samples: Lease Agreement (Entrust Inc)

Tenant's Use. Tenant's use of services in the Premises shall not at any time exceed the capacity of any of the equipment in the Building, the Project or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Project's services, Tenant shall not cause or permit any Hazardous Material to be brought uponnot, kept, stored or used in or about the Premises without the Landlord's prior written consent in each instance, make any alteration or addition to the systems of Landlordthe Premises. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, which consent Landlord shall not be unreasonably withheld, delayed liable in any way to Tenant for any failure or conditioned, except that Tenant, defect in connection with its permitted use the supply or character of the Premises as provided in Section 1.13 and 9.1, may keep, store and use materials that constitute Hazardous Materials which are customary for such permitted use, provided such Hazardous Materials are kept, stored and used in quantities which are customary for such permitted use and are kept, stored and used in strict compliance with this Article 10. (1) Tenant shall comply with all applicable Laws, rules, regulations, orders, permits, licenses and operating plans of any governmental authority with respect utility services furnished to the receipt, use, handling, generation, transportation, storage, treatment and/or disposal of Hazardous Materials or wastes by Tenant or Tenant’s Parties on, under or about the Premises or for any loss or damage or expense which Tenant may sustain or incur if either the Complex. (2) Tenant shall not (A) operate on said supply or about the Premises any facility required to be permitted character of utility services either fails or licensed as a third-party, destination hazardous waste facility (as opposed to the permitted processing of Hazardous Materials generated by Tenant on site during its operations) changes or is no longer available for which interim status as such is required, nor (B) store any hazardous wastes on or about the Premises for one hundred twenty (120) days or more, nor (C) conduct any other activities on or about the Premises that could result in the Premises being deemed to be a “hazardous waste facility” (including, but not limited to, any storage or treatment of Hazardous Materials or hazardous wastes which could have such a result). (3) Tenant shall not install or maintain any underground storage tanks. (4) Tenant shall not keep any trash, garbage, waste or other refuse on the Premises except in sanitary containers and shall regularly and frequently remove the same from Tenant's requirements at the Premises. Tenant shall keep furnish and install all incineratorslighting tubes, containers lamps, and bulbs used in the Premises. Notwithstanding the foregoing and provided at such time no Event of Default has occurred and is continuing, (a) if any failure of utility services continues for a period of two (2) days or more which failure is caused by Landlord, its employees, or contractors, the Annual Rental (but not any other equipment used for charges hereunder) shall equitably abatx xxxed on the storage or disposal extent to which Tenant is unable to operate in the Premises until such services are restored, as Tenant's sole remedy hereunder; provided, the period of such matter abatement shall not exceed ninety (90) days, and (b) if any failure of any utility service occurs and as a result Tenant is unable to operate in a clean the Premises until such services are restored, other than and sanitary condition. not including any failure caused by Tenant, its employees, agents, contractors, customers and/or invitees, and such failure has not been repaired within forty-five (45) days after its occurrence, Tenant shall properly dispose have the right, as its sole remedy, to terminate this Lease by providing written notice to Landlord; provided, Tenant shall as a condition to such termination, Tenant shall pay and perform any obligations which have accrued prior to such termination date, including the payment of all sanitary sewage and shall not use the sewage disposal system of the Buildings for the disposal of anything except as permitted by any governmental entityrent hereunder.

Appears in 1 contract

Samples: Net Lease (Software Spectrum Inc)