Common use of Use and Compliance Clause in Contracts

Use and Compliance. 3.1. Lessee may use the Premises for any legally permitted use provided that Lessee shall not permit, allow or cause any obnoxious, disturbing or offensive odors, fumes, gas, noise, or any smoke, dust, steam or vapors, or allow sound or vibration, to originate in or to be emitted from the Building and Lessee shall not use the Premises in any other manner which has the effect of causing a nuisance to other occupants of the business park in which the Premises are situated (the “Park”) or which would materially detract from the value or character of the Premises or the Park. Lessor acknowledges that, to the best of Lessor’s knowledge, Lessee’s use of the Premises during the term of the Sublease has been in compliance with the provisions of this Section 3.1. 3.2. Lessor shall, at Lessor’s sole cost and expense, be responsible for ensuring that the Building and the Premises are as of the Commencement Date and at all times thereafter during the Initial Term and the Renewal Term (if appropriate) in full compliance with all Laws, provided that Lessor shall not be responsible for the following, which shall be the responsibility of Lessee, at Lessee’s sole cost and expense: (a) ensuring that the Premises and the Building remain in compliance with all Laws where the need for such compliance arises as a result of Lessee’s particular use of the Premises, whether or not such use shall be herein permitted; (b) ensuring that all Alterations (as hereinafter defined) and all Lessee’s Initial Work and all Lessee’s Additional Work (insofar as may be appropriate) are in compliance with all applicable Laws; (c) ensuring that the roof of the Building remains in compliance with all applicable Laws, provided that Lessor hereby represents and warrants that as of the Commencement Date (or upon the completion of the roof, if later) the roof shall be in compliance with all applicable Laws; and (d) ensuring that all interior structural walls or any other such item for which Lessee is responsible pursuant to the provision of Section 9.2 below remain in compliance with all applicable Laws. Notwithstanding any of the foregoing, it is agreed and understood that nothing contained in this Section 3.2 shall modify in any way whatever the respective obligations of Lessor and Lessee with respect to repair and maintenance of the Premises pursuant to the provisions of Section 9 below.

Use and Compliance. 3.1. Lessee may use the Premises for any legally permitted use provided that general office use. Lessee shall not permit, allow or cause any obnoxious, disturbing or offensive odors, fumes, gas, noise, or any smoke, dust, steam or vapors, or allow excessive sound or vibration, to originate in or to be emitted from the Building and Lessee shall not use the Premises in any other manner which has the effect of causing a nuisance to other occupants of the business park in which the Premises are situated (the “Park”) or which would materially detract from the value or character of the Premises or the Park. Lessor acknowledges that, to the best of Lessor’s knowledge, Lessee’s use of the Premises during the term of the Sublease has been in compliance with the provisions of this Section 3.1. 3.2. Lessor shall, at Lessor’s sole cost and expense, be responsible for ensuring that the Building and the Premises are as of the Commencement Date and at all times thereafter during the Initial Term and the Renewal Term (if appropriate) in full compliance with all Laws, provided that Lessor shall not be responsible for the following, which shall be the responsibility of Lessee, at Lessee’s sole cost and expense: (a) ensuring that the Premises and the Building remain in compliance with all Laws where the need for such compliance arises as a result of Lessee’s particular use of the Premises, whether or not such use shall be herein permitted; (b) ensuring that all Alterations (as hereinafter defined) and all Lessee’s Initial Work and all Lessee’s Additional Work (insofar as may be appropriate) are in compliance with all applicable Laws; (c) ensuring that the roof of the Building remains in compliance with all applicable Laws, provided that Lessor hereby represents and warrants that as of the Commencement Date (or upon the completion of the roof, if later) the roof shall be in compliance with all applicable Laws; and (d) ensuring that all interior structural walls or any other such item for which Lessee is responsible pursuant to the provision of Section 9.2 below remain in compliance with all applicable Laws. Notwithstanding any of the foregoing, it is agreed and understood that nothing contained in this Section 3.2 shall modify in any way whatever the respective obligations of Lessor and Lessee with respect to repair and maintenance of the Premises pursuant to the provisions of Section 9 below.

Use and Compliance. 3.1. Lessee may use the Premises for any legally permitted use provided that Lessee shall not permit, allow or cause any obnoxious, disturbing or offensive odors, fumes, gas, noise, or any smoke, dust, steam or vapors, or allow unlawful sound or vibration, to originate in or to be emitted from the Building and Lessee shall not and/or the Premises, or use the Premises in any other manner which has the effect of causing a nuisance to other occupants of the business park in which the Premises are situated (the “Park”) or which would materially detract from the value or character of the Premises or the Park. Lessor acknowledges that, to the best of Lessor’s knowledge, Lessee’s use of business park in which the Premises during the term of the Sublease has been in compliance with the provisions of this Section 3.1are situated. 3.2. Lessor shall, at Lessor’s sole cost and expense, be responsible for ensuring that portion of the Building and the Premises are to be constructed and/or improved (as appropriate) pursuant to Lessor’s Work, as well as any portion of the Commencement Date and at Existing Building affected by Lessor’s Work, comply with all times Laws enacted prior to the Final Completion Date. Provided that Lessor shall comply with said obligation, Lessee shall thereafter during be responsible for ensuring that the Initial Term Premises and the Renewal Term (if appropriate) Building remain in full compliance with all Laws, provided that Lessor and in particular (but without prejudice to the generality of the foregoing), Lessee shall not be responsible for the following, which shall be the responsibility of Lessee, at Lessee’s sole cost and expense: (a) ensuring that the Premises and the Building remain in compliance with all Laws where the need for such compliance arises as a result of Lessee’s particular use of the PremisesPremises and/or the Building, whether or not such use shall be herein permitted; (b) ensuring that all Alterations (as hereinafter defined) and all Lessee’s Initial Work and all Lessee’s Additional Work (insofar as may be appropriate) are in compliance with all applicable Laws; (c) ensuring that the roof of the Building remains in compliance with all applicable Laws, provided that Lessor hereby represents and warrants that as of the Commencement Date (or upon the completion of the roof, if later) the roof shall be in compliance with all applicable Laws; and (d) ensuring that all interior structural walls or any other such item for which Lessee is responsible pursuant to the provision of Section 9.2 below remain in compliance with all applicable Laws. Notwithstanding any of the foregoing, it is agreed and understood that nothing contained in during the last three years of the Initial Term, the cost of all Capital Expenses necessary to comply with Lessee’s obligations under this Section 3.2 shall modify in any way whatever the respective obligations of Lessor be borne 60% by Lessee and 40% by Lessor. In addition, during each exercised Renewal Term, Lessee with respect to repair and maintenance shall be responsible only for that portion of the Premises pursuant cost of such Capital Expenses computed by amortizing such cost over the term allowed by generally accepted accounting principles (“GAAP”) and pro-rating said amount over the number of years remaining in the then current Renewal Term. If Lessee subsequently exercises one or more additional Renewal Terms, the pro-ration will continue so as to include those years allocable to such additional Renewal Terms, but only until the provisions amortization period has been fully utilized. For example, if a Capital Expense is incurred in the first year of Section 9 belowthe first Renewal Term and GAAP amortizes such cost over eight (8) years, then Lessee shall be responsible for l/8th of such cost in each of the four (4) years remaining in the first Renewal Term. If Lessee then exercises the second Renewal Term, it will be responsible for l/8th of such cost in each of the first four (4) years only of the second Renewal Term, for a total of eight (8) years of payments. As an additional example, if the GAAP amortization period is twenty (20) years, and the cost is incurred in the first year of the second Renewal Term, Lessee shall be responsible for l/20th of such cost in each of the four (4) years remaining in the second Renewal Term. If Lessee exercises the third Renewal Term, it will be responsible for l/20th of such cost in each of the five (5) years of the third Renewal Term, so Lessee will have paid 9/20ths of such cost in total. In said example, the remaining unpaid cost (11/20ths) shall be Lessor’s responsibility.

Use and Compliance. 3.1. Lessee may use the Premises for any legally permitted use provided that general office use. Lessee shall not permit, allow or cause any obnoxious, disturbing or offensive odors, fumes, gas, noise, or any smoke, dust, steam or vapors, or allow excessive sound or vibration, to originate in or to be emitted from the Building and Lessee shall not use the Premises in any other manner which has the effect of causing a nuisance to other occupants of the business park in which the Premises are situated (the “"Park”") or which would materially detract from the value or character of the Premises or the Park. Lessor acknowledges that, to the best of Lessor’s knowledge, Lessee’s use of the Premises during the term of the Sublease has been in compliance with the provisions of this Section 3.1. 3.2. Lessor shall, at Lessor’s 's sole cost and expense, be responsible for ensuring that the Building and the Premises are as of the Commencement Date and at all times thereafter during the Initial Term and the Renewal Term (if appropriate) in full compliance with all Laws, provided that Lessor shall not be responsible for the following, which shall be the responsibility of Lessee, at Lessee’s 's sole cost and expense: (a) ensuring that the Premises and the Building remain in compliance with all Laws where the need for such compliance arises as a result of Lessee’s 's particular use of the Premises, whether or not such use shall be herein permitted; (b) ensuring that all Alterations (as hereinafter defined) and all Lessee’s Initial Work and all Lessee’s Additional 's Work (insofar as may be appropriate) are in compliance with all applicable Laws; (c) ensuring that the roof of the Building remains in compliance with all applicable Laws, provided that Lessor hereby represents and warrants that as of the Commencement Date (or upon the completion of the roof, if later) the roof shall be in compliance with all applicable Laws; and (d) ensuring that all interior structural walls or any other such item for which Lessee is responsible pursuant to the provision of Section 9.2 below remain in compliance with all applicable Laws. Notwithstanding any of the foregoing, it is agreed and understood that nothing contained in this Section 3.2 shall modify in any way whatever the respective obligations of Lessor and Lessee with respect to repair and maintenance of the Premises pursuant to the provisions of Section 9 below.