Use and Compliance With Laws. 12.01. The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically set forth in Section 1.01Q and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices. 12.02. Tenant shall, at Tenant’s sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. 12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air. 12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs. 12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) above.
Appears in 1 contract
Samples: Lease Agreement (Sigmatel Inc)
Use and Compliance With Laws. 12.01. The Section 12.1 Tenant may use the Premises shall be used only for executive executive, professional and administrative offices for the conduct of Tenant’s 's business limited to in accordance with the uses specifically set forth in Section 1.01Q provisions of this Lease, and for no other purposes whatsoeverpurpose. Provided, further, that no medical, dental or other professional office of a health care provider may be operated in the Premises and no governmental or quasi governmental agency office may be operated in the Premises unless, in either case, this Lease expressly grants permission for such use or Landlord consents to same in writing. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises shall not constitute a representation or warranty by Landlord that such business or uses are lawful, except that Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. Section 12.2 Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the Americans With Disabilities Act, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order or citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, Section 12.3 Tenant shall be responsible not use or permit the use of the Premises or any portion of the Project for the performance storage, treatment, use, production or disposal of any remedial measures required hazardous substances or hazardous waste (as those terms are defined under CERCLA or RCRA or any other applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order state or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) local environmental protection laws). Tenant does hereby indemnify and hold Tenant Landlord harmless from and against any lossand all damage to any property, costpenalties, claim expenses, claims, losses or expense which Tenant incurs liabilities or suffers injury to or death of any person as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) incurred by reason Landlord, its agents or employees as a result of Landlord’s failure to comply with its obligations under clauses (a) or (b) aboveTenant's violation.
Appears in 1 contract
Samples: Lease Agreement (Teamstaff Inc)
Use and Compliance With Laws. 12.01. Section 12.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically set forth in Section 1.01Q 1.10 and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.10 hereof shall not constitute a representation or warranty by Landlord represents that such business or uses are lawful or permissible under any certificate of occupancy issued with respect to for the Premises shall allow use for executive and administrative officesor the Building or are otherwise permitted by law.
12.02. Section 12.2 Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03Section 12.3 As used herein, the term "Hazardous Substance" shall mean any substance, material, waste, gas or particulate matter which is regulated by any local governmental authority, the State of Illinois, or the United States Government, including, but not limited to (i) any material or substance which is defined or designated as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of Illinois or federal law; (ii) oil or petroleum; (iii) asbestos and asbestos-containing materials; (iv) polychlorinated biphenyls; and (v) radioactive material. Landlord, rather than Tenant, shall be responsible Except for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, Hazardous Substances which are reasonably necessary used, stored and disposed of in accordance with the manufacturer's instructions and all applicable laws, codes, regulations, orders and ordinances, Tenant shall not, nor shall Tenant permit any third party, to clean up and xxxxx use, store, generate, treat, release or otherwise respond to any hazardous materials found in dispose at, on or under the Premises, except to Building or Land, any Hazardous Substance, and any such action shall constitute a default under this Lease. Tenant shall indemnify, defend and hold Landlord, any managing agents and leasing agents of the extent such hazardous materials were the result of any act or omission of Tenant or its Building, and their respective agents, partners, officers, directors and employees, contractorsharmless from all damages, invitees costs, losses, expenses (including, but not limited to, attorneys' fees, consulting fees and engineers' fees) arising from or licensees. To the best of Landlord’s knowledge, the Building, as attributable to any breach by Tenant of the date hereof, does not contain any hazardous materials covenants contained in violation this Section 12.3. Tenant's indemnification obligations hereunder shall survive the termination or expiration of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh airthis Lease.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) above.
Appears in 1 contract
Samples: Assignment of Lease (Advanced Life Sciences Holdings, Inc.)
Use and Compliance With Laws. 12.01. The Premises shall be used only and occupied for executive manufacturing, laboratory, warehousing and administrative offices office purposes. Tenant shall comply with all present and future rules, regulations, laws, permits, and licenses relating to Tenant’s use or occupancy of the Premises and Tenant’s activities conducted in the Premises, as may be promulgated by any local, state, regional, or federal authority (including any agency thereof such as, without limitation, the FDA, DEA, or EPA) which can establish jurisdiction over Tenant, the Premises, or Tenant’s activities therein (“Laws”). Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of other occupants in the Building. Tenant shall not, without the prior consent of Landlord, (i) bring onto the Property or into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning, mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical office, manufacturing or laboratory equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of the rated capacity of the circuit. Notwithstanding the foregoing, Tenant shall have the right to use and occupy the Premises for the conduct of Tenant’s an admixture compounding business limited to the uses specifically set forth in Section 1.01Q and for no other purposes whatsoever. Tenant shall use and maintain substantially as such business was conducted by Landlord at the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within during the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. Tenant shall, at Tenant’s sole expense, twelve (a12) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on month period immediately preceding the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in Date (the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air“Business”).
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) above.
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
Use and Compliance With Laws. Section 12.01. The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s 's business limited to the uses specifically set forth in Section 1.01Q the Basic Lease Information and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, Premises any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in the Basic Lease Information shall not constitute a representation or warranty by Landlord represents that such business or uses are lawful or permissible under any certificate of occupancy issued with respect to for the Premises shall allow use for executive and administrative officesor the Building or are otherwise permitted by law.
Section 12.02. Tenant shall, at Tenant’s 's sole expense, (ai) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including any laws, orders, ordinances, and regulations relating to the use or consumption of hazardous substances by Tenant, its agents or employees, or the presence or removal of such substances in or from the Premises; (bii) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, ; (ciii) comply with all insurance requirements applicable to the Premises Premises; (iv) comply with the Rules and Regulations contained in Exhibit F of this Lease, as the same may be changed from time to time; (v) cause Tenant's employees, agents, invitees, and contractors to refrain from smoking in the Building at all times (other than in a designated smoking area in the parking facilities of the Building which Landlord may designate at any time and from time to time); and (dvi) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (ai), (bii), (iii) or (civ) above. Tenant shall have no obligation to perform any structural alterations to Premises pursuant to the terms set forth in (i) above except to the extent such alterations are required to correct conditions which have been created by or at the request or insistence of Tenant or are required by reason of a breach of any Tenant's obligations hereunder or by or through other fault of Tenant. If Tenant receives notice of any such directive, order order, citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. LandlordThe foregoing notwithstanding, rather than Landlord shall make structural alterations or structural improvements required to comply with applicable laws and regulations unless such alterations or improvements are necessitated by Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as 's particular use of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord Premises (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers being necessitated by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) aboveoffice use generally.)
Appears in 1 contract
Samples: Office Lease Agreement (Management Network Group Inc)
Use and Compliance With Laws. 12.01. a. The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically purposes set forth in Section 1.01Q Article 2 above and for no other purposes whatsoever. business or purpose.
b. Tenant shall not use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s employees, agents, licensees anything to be done in or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to about the Premises shall allow use for executive and administrative offices.
12.02which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated (collectively, "Legal Requirements"). Tenant shall, at Tenant’s its sole cost and expense, (a) promptly comply with all laws, orders, ordinancesLegal Requirements, and regulations with the requirements of federalany board of fire insurance underwriters or other similar bodies now or hereafter constituted, staterelating to, countyor affecting the condition, and municipal authorities having jurisdiction over use or occupancy of the Premises, (b) comply with any directive, order excluding structural changes not related to or citation made pursuant to law affected by any public officer requiring abatement Tenant's improvements or acts. The judgment of any nuisance court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be conclusive of that fact as between Landlord and Tenant.
c. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which imposes will in any way increase the existing rate of or affect any fire or other insurance upon Landlord the Building or any of its contents, or cause cancellation of any insurance policy covering the Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any duty way obstruct or obligation arising from Tenant’s occupancy interfere with the rights of other tenants or occupants of the Building 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 allow to be committed any waste in or upon the Premises.
d. No material or substance that is regulated as a hazardous or toxic waste, substance, pollutant or contaminant under any Legal Requirement (collectively, "Hazardous Materials") shall be used, handled, released or disposed of by Tenant or its employees, agents or representatives (collectively, "Representatives") or customers, visitors or invitees (collectively, "Visitors") at or about the Premises or from conditions Building without Landlord's prior consent, which have been created by consent may be granted, denied, or conditioned upon compliance with Landlord's requirements, all in Landlord's absolute discretion. Notwithstanding the foregoing, normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the request Premises without Landlord's prior consent. Tenant's activities at or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to about the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim Building with respect to Hazardous Materials shall comply at all times with all Legal Requirements. At the expiration or expense which Landlord incurs or suffers by reason termination of Tenant’s failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirementthe Lease, Tenant shall promptly notify Landlord in writing of such alleged violation remove from the Premises and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Building all Hazardous Materials introduced by Tenant or its agentsRepresentatives or Visitors at the Premises or the Building.
e. Tenant shall not make or allow to be made any alterations, officersadditions or improvements to the Premises or any part thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, employees, contractors, invitees materials furnished or licenseesobligations incurred by Tenant. To If any such lien attaches to the best of Landlord’s knowledge, Premises or the Building, as of the date hereof, and Tenant does not contain any hazardous materials in violation of existing applicable laws cause the same to be released by payment, bonding or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. otherwise within ten (10) days after the attachment thereof, Landlord shall maintain have the Common Areas in compliance with current fire/life/safety requirements of right but not the laws of obligation to cause the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject same to Section 5.02(h) hereof, may be included released by such means as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinancesit shall deem proper, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law sums expended Landlord in connection therewith shall be payable by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) aboveon demand.
Appears in 1 contract
Samples: Lease (Mercata Inc)
Use and Compliance With Laws. 12.01. Section 12.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically set forth in Section 1.01Q 1.1 and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1 hereof shall not constitute a representation or warranty by Landlord represents that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. Section 12.2 Tenant shall, at Tenant’s sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the Americans With Disabilities Act, (b) comply with any directive, order order, or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault unit of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order order, citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, Section 12.3 Tenant shall be responsible not use or permit the use of the Premises or any portion of the Project for the performance storage, treatment, use, production or disposal of any remedial measures required hazardous substances or hazardous waste (as those terms are defined under CERCLA, or RCRA or any other applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order state or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) local environmental protection laws). Tenant does hereby indemnify and hold Tenant Landlord harmless from and against any lossand all damage to any property, costpenalties, claim expenses, claims, losses or expense which Tenant incurs liabilities or suffers injury to or death of any person as a result of Tenant’s violation of the foregoing provision. Tenant’s indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys’ fees) incurred by reason Landlord, its agents or employees as a result of LandlordTenant’s failure to comply with its obligations under clauses (a) or (b) aboveviolation.
Appears in 1 contract
Use and Compliance With Laws. 12.01. Section 9.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to Permitted Use, as restricted by the uses specifically set forth in Section 1.01Q Restricted Uses, and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. Section 9.2 Tenant shall, at Tenant’s 's sole expense, : (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, ; (c) comply with all customary insurance requirements applicable to the Premises Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (de) indemnify and hold Landlord harmless from any loss, cost, cost or claim or expense expenses which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b), (c) or (c) d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation regulation, insurance requirement, or any insurance requirementcovenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, Any alterations required to be made hereunder shall be responsible made in accordance with Article 8 of this Lease. Tenant shall have no liability for the performance any failure of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as built by Landlord as of the date hereofof this Lease, to comply with the ADA, as presently interpreted and enforced.
Section 9.3 Tenant shall not use the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does not contain hereby indemnify and hold Landlord harmless from and against any hazardous materials in and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of existing applicable laws the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Landlord, its agents or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04employees as a result of Tenant's violation. Landlord shall maintain not use the Common Areas Project or any portion thereof for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used in compliance general executive administrative offices and which are stored or used in accordance with current fire/life/safety requirements of the laws of the State of Texas all applicable laws, rules and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05regulations. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) does hereby indemnify and hold Tenant harmless from and against any lossand all claims and damages, costincluding, claim without limitation, any damage to any property or expense which Tenant incurs injury to or suffers by reason death of any person, arising as a result of Landlord’s failure 's violation of the foregoing provision. Landlord's indemnity shall include the obligation to comply reimburse Tenant for any and all costs and expenses (including reasonable attorneys' fees) reasonably incurred by Tenant, its agents or employees as a result of Landlord's violation. Except as may be disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. 950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (Project No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) and that certain Phase II Environmental Assessment dated July 7, 1998 (Project No. 980655-02), each prepared by United Consulting Group with its obligations under clauses (a) respect to the area referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and enforced. Tenant hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or (b) aboveexecutive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any such reports or summaries are correct.
Appears in 1 contract
Samples: Lease Agreement (Viryanet LTD)
Use and Compliance With Laws. 12.01. (a) The Leased Premises shall may be occupied and used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically set forth in Section 1.01Q and for no other purposes whatsoeverany lawful purpose. Tenant shall use and maintain keep the Leased Premises in a clean, careful, safe, lawful clean and proper manner and orderly condition. Tenant shall not allow within knowingly use the Leased Premises or maintain them in any manner constituting a violation of any ordinance, statute, regulation, or order of any governmental authority, including without limitation zoning ordinances, nor shall Tenant maintain, permit or suffer any public nuisance to occur or exist on the Leased Premises.
(b) Tenant shall not permit any waste to the Leased Premises, any offensive noise, odor, conduct or private or public nuisance use or permit Tenant’s employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in use of the Project. Landlord represents that Leased Premises for any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesunlawful purpose.
12.02. (c) Tenant shall, at Tenant’s sole expense, (a) shall comply with all laws, orders, ordinances, rules, regulations, orders and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement decrees of any nuisance governmental entity or which imposes upon Landlord personnel now or Tenant any duty hereafter affecting or obligation arising from Tenant’s occupancy or use of relating to the Leased Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and use thereof.
(d) Tenant shall properly dispose of any chemicals, metals, garbage, trash or other industrial by-products and incidentals to Tenant’s business and shall use leakproof and fireproof containers and the expense of any breakage, stoppage, contamination, spillage or damage resulting from a violation of this provision shall be borne by Tenant.
(e) Landlord shall indemnify and hold harmless Tenant, and any party affiliated with Tenant, from and against any and all claims, judgments, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising from, or in connection with: (i) any escape, storage, usage, or spillage of any Hazardous Substances in, on, or about the Leased Premises prior to the Lease Term; or (ii) any escape, storage, use or spillage of any Hazardous Substances to or from the Leased Premises by Landlord harmless from any loss(or its employees, costagents, claim contractors, invitees, or expense which licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Landlord incurs fully to observe or suffers by reason of Tenant’s failure to comply with perform its obligations under clauses this Lease.
(a)f) Tenant shall indemnify and hold harmless Landlord, and any party affiliated with Landlord, from and against any and all claims, judgments, liabilities, losses, costs, and expenses (bincluding, without limitation, reasonable attorneys’ fees and court costs) arising from, or in connection with: (ci) above. If Tenant receives notice any escape, storage, usage, or spillage of any such directiveHazardous Substances in, order citation on, or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify about the Leased Premises during the Lease Term not caused by Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its employees, agents, officers, employees, contractors, invitees invitees, or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws ; or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenantii) any duty transportation of any Hazardous Substances to or obligation with respect from the Leased Premises by Tenant (or its employees, agents, contractors, invitees, or licensees) during the Lease Term, whether or not such storage, usage, or transportation constitutes a failure of Tenant fully to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim observe or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with perform its obligations under clauses this Lease.
(ag) Hazardous Substances means (i) any “hazardous wastes” as defined under RCRA, (ii) any “hazardous substances” as defined under CERCLA, (iii) any toxic pollutants as defined under the Clean Water Act, (iv) any hazardous air pollutants as defined under the Clean Air Act, (v) any hazardous chemicals as defined under TSCA, (vi) any hazardous substances as defined under EPCRA, (vii) radioactive materials covered by the Atomic Energy Act, (viii) similar wastes, substances, pollutants, chemicals regulated under analogous state and local laws, (ix) asbestos, (x) polychlorinated biphenyls, (xi) petroleum and petroleum products or synthetic fuels, (bxii) aboveany substance the presence of which on the property in question is prohibited under any applicable environmental law; and (xiii) any other substance which under any applicable environmental law requires remediation or special handling or notification of or reporting to any federal, state or local governmental entity in its generation, use, handling, collection, treatment, storage, recycling, treatment, transportation, recovery, removal, discharge or disposal.
Appears in 1 contract
Samples: Lease Agreement (Shoe Carnival Inc)
Use and Compliance With Laws. 12.01. 12.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically set forth in Section 1.01Q 1.1Q and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1Q hereof shall not constitute a representation or warranty by Landlord represents that such business or uses are lawful or permissible under any certificate or occupancy for the Premises or the Building or are otherwise permitted by law. Landlord does, however, represent that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. 12.2 Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law Law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Nothing contained herein shall be interpreted to require Tenant to perform structural or capital improvement work unless required due to Tenant, 's specific use of the Premises as opposed to office use in general. Landlord shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Datecompliance pursuant to subparagraphs (a), which are reasonably necessary to clean up (b) and xxxxx or otherwise respond to any hazardous materials found in the Premises, except (c) above to the extent such hazardous materials were compliance relates to the result of any act Building or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as Project (exclusive of the date hereofPremises), does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord which compliance costs shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component part of Operating Costs, subject to the provisions terms of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations 5.2A above. If Tenant receives notice of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any such directive, order order, citation or citation made pursuant to law by of any public officer which imposes upon violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord (as opposed to any tenant) any duty or obligation in writing of such alleged violation and furnish Landlord with respect to a copy of such notice.
12.3 After completion of the Common AreasLeasehold Improvements in the Premises, Tenant shall be responsible for causing, at Tenant's sole cost and (c) indemnify and hold Tenant harmless from any lossexpense, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure the Premises to comply with its obligations under clauses the Americans With Disabilities Act of 1990, as subsequently amended (a) then ADAM), and all similar federal, state and local laws, rules and regulxxxxns and subsequent amendments thereof. Landlord shall also be responsible for causing the initial Leasehold Improvements to comply with the requirements of the ADA then in effect. Landlord shall be responsible for causing, as and when deemed appropriate by Landlord, the Common Areas to comply with the ADA, the costs for which shall constitute a component of Operating Costs, except to the extent such costs are incurred as a result of Tenant's specific use of the Premises, or (b) aboveas a result of any alterations to the Premises made by or on behalf of Tenant, in which case such costs will be the sole responsibility of Tenant.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (BofI Holding, Inc.)
Use and Compliance With Laws. 12.01. 12.01 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s 's business limited to the uses specifically set forth in Section 1.01Q and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. 12.02 Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) above.
Appears in 1 contract
Use and Compliance With Laws. 12.01. Section 12.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s 's business limited to the uses specifically set forth in Section 1.01Q and such ancillary services normally connected therewith (such as employee cafeteria services) and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative officesPremises.
12.02. Section 12.2 Subject to Landlord's obligations under Article 9 of this Lease, Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by Tenant or its agents, employees, invitees, licensees or contractors or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03. LandlordSection 12.3 Tenant shall not, rather than Tenantnor shall Tenant permit any third party, shall be responsible for the performance of any remedial measures required to use, store, generate, treat, release or dispose at, on or under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found in the Premises, any "Hazardous Substance" (as hereinafter defined), except to for Hazardous Substances which are a part of or contained in customary office supplies and/or equipment and then only if used, stored, and disposed of in accordance with manufacturer's instructions and all applicable laws, codes, regulations, orders and ordinances, and any such action shall constitute a default under this Lease. Tenant shall indemnify, defend and hold Landlord, any managing agents and leasing agents of the extent such hazardous materials were the result of any act or omission of Tenant or its Building, and their respective agents, partners, officers, directors and employees, contractorsharmless from all damages, invitees costs, losses, expenses (including, but not limited to, attorneys' fees, consulting fees and engineers' fees) arising from or licenseesattributable to any breach by Tenant of the covenants contained in this Section 12.3. To Tenant's indemnification obligations hereunder shall survive the best termination or expiration of Landlord’s knowledgethis Lease. As used herein, the Buildingterm "Hazardous Substance" shall mean any substance, as of the date hereofmaterial, does not contain waste, gas or particulate matter which is regulated by any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of local governmental authority, the State of Texas and Illinois, or the requirements of Title III of the Americans with Disabilities Act of 1990United States Government, the cost of whichincluding, subject but not limited to Section 5.02(h(i) hereof, may be included any material or substance which is defined or designated as a component "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of Operating Costs.
12.05. Landlord shall, at its sole expense Illinois or federal law; (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), ii) oil or petroleum; (aiii) comply with all laws, orders, ordinances, asbestos and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, asbestos-containing materials; (biv) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, polychlorinated biphenyls; and (cv) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) aboveradioactive material.
Appears in 1 contract
Use and Compliance With Laws. 12.01. Section 9.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to Permitted Use, as restricted by the uses specifically set forth in Section 1.01Q Restricted Uses, and for no other purposes whatsoever. Tenant shall be responsible for determining whether such use is in lawful and shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to the Premises shall allow use for executive and administrative offices.
12.02. Section 9.2 Tenant shall, at Tenant’s 's sole expense, : (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, including, without limitation, the ADA and the making of any alterations to the Premises required thereby; (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance caused by the activities of Tenant or which imposes upon Landlord or Tenant any duty or .or obligation arising from Tenant’s occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, ; (ce) comply with all customary insurance requirements applicable to the Premises Premises; (d) comply with the provisions of any covenants, conditions or restrictions applicable to the Land or the Building; and (de) indemnify and hold Landlord harmless from any loss, cost, cost or claim or expense expenses which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b), (c) or (c) d), above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation regulation, insurance requirement, or any insurance requirementcovenant, condition or restriction, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice. Any alterations required to be made hereunder shall be made in accordance with Article 8 of this Lease.
12.03Section 9.3 Tenant shall not use or permit the use of the Premises or any portion of the Project for the storage, treatment, use, production or disposal of any Hazardous Materials, other than those which might be incidental to and commonly used iii general executive administrative offices and which are stored or used in accordance with all applicable laws, rules and regulations. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims and damages, including, without limitation, any damage to any property or injury to or death of any person, arising as a result of Tenant's violation of the foregoing provision. Tenant's indemnity shall include the obligation to reimburse Landlord for any and all costs and expenses (including reasonable attorneys' fees) incurred by Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx its agents or otherwise respond to any hazardous materials found in the Premises, except to the extent such hazardous materials were the employees as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licenseesTenant's violation. To the best of Landlord’s knowledge, the Building, Except as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05disclosed in that certain Phase I Environmental Assessment and Asbestos Survey dated on or about March 2, 1995 (Project No. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof950239-01-05), that certain Phase II Environmental Assessment dated on or about March 14, 1995 (aProject No. 950239-01-05), that certain Phase I Environmental Assessment Update dated May 28, 1998 (Project No. 980655-01) comply with all lawsand that certain Phase II Environmental Assessment dated July 7, orders1998 (Project No. 980655-02), ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law each prepared by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation United Consulting Group with respect to the Common Areasarea referenced therein, which area includes the Land, Landlord does not have any actual, present knowledge that any Hazardous Material is located on the Land in violation of applicable law, as presently existing, interpreted and (c) indemnify and hold enforced. Tenant harmless from hereby acknowledges receipt of a copy of each of the aforesaid environmental reports, or executive summaries thereof prepared by United Consulting Group. Landlord does not represent or warrant to Tenant that the findings disclosed in any loss, cost, claim such reports or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) abovesummaries are correct.
Appears in 1 contract
Samples: Lease Agreement (GBC Bancorp Inc)
Use and Compliance With Laws. 12.01. Section 12.1 The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s 's business limited to the uses and as otherwise specifically set forth in Section 1.01Q 1.1Q and for no other purposes whatsoever. Tenant shall use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, Premises any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s 's employees, agents, licensees or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Any statement as to the particular nature of the business to be conducted by Tenant in the Premises and uses to be made thereof by Tenant as set forth in Section 1.1Q hereof shall not constitute a representation or warranty by Landlord represents that such business or uses are lawful or permissible under any certificate of or occupancy issued with respect to for the Premises shall allow use for executive and administrative officesor the Building or are otherwise permitted by law.
12.02. Section 12.2 Tenant shall, at Tenant’s 's sole expense, (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Premises, (b) comply with any directive, order or citation made pursuant to law by any public officer requiring abatement of any nuisance or which imposes upon Landlord or Tenant any duty or obligation arising from Tenant’s 's occupancy or use of the Premises or from conditions which have been created by or at the request or insistence of Tenant, or required by reason of a breach of any of Tenant’s 's obligations hereunder or by or through other fault of Tenant, (c) comply with all insurance requirements applicable to the Premises and (d) indemnify and hold Landlord harmless from any loss, cost, claim or expense which Landlord incurs or suffers by reason of Tenant’s 's failure to comply with its obligations under clauses (a), (b) or (c) above. If Tenant receives notice of any such directive, order citation or of any violation of any law, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation and furnish Landlord with a copy of such notice.
12.03Section 12.3 Subject to compliance with all applicable laws, Tenant shall have the right to use the Building stairwells between the floors comprising the Premises on a non-exclusive basis with other tenants and their employees, invitees and visitors for interfloor traffic purposes on the part of its employees, invitees and visitors. LandlordTenant may, rather than subject to compliance with all applicable laws and at its sole cost and expense, secure the entry from the Building stairwells onto the floors comprising the Premises. The plans and specifications for changes or securing of the stairwells shall be subject to the approval of Landlord and in no event shall such changes or securing impede or hinder the ability of other tenants in the Building, their employees, invitees and guests to use the Building stairwells.
Section 12.4 Landlord and Tenant acknowledge that the ADA establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises, the Building and the Project depending on, among other things: (1) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that: (a) Landlord shall be responsible for ADA Title III compliance (i) in the performance Common Areas or (ii) in the Premises that results from or is triggered as a result of any remedial measures required under applicable environmental laws in effect on the Commencement Dateconstruction by Tenant of the initial Tenant Improvements but which is not part of the plans for the Tenant Improvements and (b) except as set forth above, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found Tenant shall be responsible for ADA Title III compliance in the Premises, except including any leasehold improvements or other work to be performed in the extent such hazardous materials were the result of any act Premises under or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies connection with ASHRAE standards for fresh airthis Lease.
12.04. Section 12.5 Landlord shall maintain the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject to Section 5.02(h) hereof, may be included as a component of Operating Costs.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common AreasBuilding and Project which are applicable to its ownership and operation of the Building and Project, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to requiring abatement of any tenant) any duty or obligation with respect to the Common Areasnuisance under its control, and (c) comply with all insurance requirements applicable to the portions of the Building and Common Area under its control. If Landlord fails to use commercially reasonable efforts to attempt to comply with the foregoing, then and in such event Landlord shall indemnify and hold Tenant harmless from any lossdamages in connection with loss of life, cost, claim bodily or expense which Tenant incurs personal injury or suffers by reason of Landlord’s property damage arising from any failure to comply with its obligations under clauses (a) or (b) aboveto the extent not covered by insurance required to be maintained by Tenant.
Appears in 1 contract
Use and Compliance With Laws. 12.01. (a) The Premises shall be used only for executive and administrative offices for the conduct of Tenant’s business limited to the uses specifically purposes set forth in Section 1.01Q 2 above and for no other purposes whatsoever. business or purpose.
(b) Tenant shall not use and maintain the Premises in a clean, careful, safe, lawful and proper manner and shall not allow within the Premises, any offensive noise, odor, conduct or private or public nuisance or permit Tenant’s employees, agents, licensees anything to be done in or invitees to create a public or private nuisance or act in a disorderly manner within the Building or in the Project. Landlord represents that any certificate of occupancy issued with respect to about the Premises shall allow use for executive and administrative offices.
12.02that will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or that may hereafter be enacted or promulgated (collectively, “Legal Requirements”). Tenant shall, at Tenant’s its sole cost and expense, (a) promptly comply with all laws, orders, ordinancesLegal Requirements, and regulations with the requirements of federalany board of fire insurance underwriters or other similar bodies now or hereafter constituted, staterelating to, countyor affecting the condition, and municipal authorities having jurisdiction over use or occupancy of the Premises, (b) comply with any directive, order excluding structural changes and other improvements to the Premises not related to or citation made pursuant to law affected by any public officer requiring abatement Tenant’s improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be conclusive of that fact as between Landlord and Tenant.
(c) Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein that will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause cancellation of any insurance policy covering the Property or any part thereof or any of its contents. 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 ether tenants or occupants of the Property 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 allow to be committed any waste in or upon the Premises.
(d) No material or substance that is regulated as a hazardous or toxic waste, substance, pollutant or contaminant under any Legal Requirement (collectively, “Hazardous Materials”) shall be used, stored, handled, released or disposed of by Tenant or its employees, agents, contractors or representatives (collectively, and applicable to either Tenant or Landlord, “Representatives”) or customers, guests, visitors or invitees (collectively, and applicable to either Tenant or Landlord, ‘Visitors”) at or about the Premises or Property without Landlord’s prior written consent, which imposes consent may be granted, denied, or conditioned upon Landlord or Tenant any duty or obligation arising from compliance with Landlord’s requirements, all in Landlord’s absolute discretion. Notwithstanding the foregoing, normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the Premises without Landlord’s prior consent. Tenant’s occupancy activities at or use about the Premises and Property with respect to Hazardous Materials, including the removal thereof, shall comply at all times with all Legal Requirements. At the expiration or termination of the Lease, as required by applicable environmental laws, Tenant shall promptly remove all Hazardous Materials introduced by Tenant or its Representatives or Visitors (“Tenant’s Hazardous PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. Materials”) at the Premises or the Property, including all traces, residue and contaminated portions of the Premises or from conditions which have been created by Property.
(e) Tenant shall not make or at the request allow to be made any alterations, additions or insistence of Tenant, or required by reason of a breach of any of Tenant’s obligations hereunder or by or through other fault of Tenant, Improvements (c“Alterations”) comply with all insurance requirements applicable to the Premises or any part thereof without Landlord’s prior written consent. Tenant shall keep the Premises and (d) indemnify and hold Landlord harmless the property on which the Premises are situated free from any lossliens arising out of any work performed, cost, claim materials furnished or expense which Landlord incurs or suffers obligations incurred by reason of Tenant’s failure to comply with its obligations under clauses (a), (b) or (c) above. If any such lien attaches to the Premises or the Property, and Tenant receives notice does not cause the same to be released by payment, bonding or otherwise within ten (10) days after the attachment thereof, Landlord shall have the right but not the obligation to cause the same to be released by such means as it shall deem proper, and any sums expended by Landlord in connection therewith shall be payable by Tenant on demand. Notwithstanding anything to the contrary herein: (i) Tenant may construct Alterations in the Premises which do not adversely effect the structure or the building operating systems, without Landlord’s prior approval, if the cost of any such directiveproject does not exceed [***]; (ii) Alterations and Tenant’s trade fixtures, order citation or of any violation of any lawfurniture, order, ordinance, regulation or any insurance requirement, Tenant shall promptly notify Landlord in writing of such alleged violation equipment and furnish Landlord with a copy of such notice.
12.03. Landlord, rather than Tenant, shall be responsible for the performance of any remedial measures required under applicable environmental laws in effect on the Commencement Date, which are reasonably necessary to clean up and xxxxx or otherwise respond to any hazardous materials found other personal property installed in the Premises, except to Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property and may be removed from the extent Premises at any time by Tenant provided that Tenant repairs all damage caused by such hazardous materials were the result of any act or omission of removal and provided that Tenant or its agents, officers, employees, contractors, invitees or licensees. To the best of Landlord’s knowledge, the Building, as is not in default of the date hereof, does not contain any hazardous materials in violation of existing applicable laws or toxic mold and currently complies with ASHRAE standards for fresh air.
12.04. Lease; iii) Landlord shall maintain have no right to require Tenant to remove any alterations unless it notifies Tenant at the Common Areas in compliance with current fire/life/safety requirements of the laws of the State of Texas and the requirements of Title III of the Americans with Disabilities Act of 1990, the cost of which, subject time it consents to Section 5.02(h) hereof, may such alteration that it shall require such alteration to be included as a component of Operating Costsremoved.
12.05. Landlord shall, at its sole expense (which may be included as a component of Operating Costs, subject to the provisions of Section 5.02 hereof), (a) comply with all laws, orders, ordinances, and regulations of federal, state, county, and municipal authorities having jurisdiction over the Common Areas, (b) comply with any directive, order or citation made pursuant to law by any public officer which imposes upon Landlord (as opposed to any tenant) any duty or obligation with respect to the Common Areas, and (c) indemnify and hold Tenant harmless from any loss, cost, claim or expense which Tenant incurs or suffers by reason of Landlord’s failure to comply with its obligations under clauses (a) or (b) above.
Appears in 1 contract
Samples: Office Lease (Liveworld Inc)
