Appears in 7 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement

USE AND OCCUPANCY. Tenant covenants that no waste shall ~~use and occupy~~ be committed upon or to the ~~Demised Premises for~~ Leased Property; that the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises~~ Leased Property shall be used for the purpose herein above stated, and shall not be used or permitted to be used for any other purpose; that the Leased Property shall not be used for any unlawful purpose and no ~~other purpose without~~ violations of law or ordinance shall be committed thereon; that no intoxicating beverages shall be sold, served or stored illegally upon or from the ~~advance written consent of Landlord~~Leased Property; and that nothing shall be done or suffered or any substance kept on the Leased Property which will operate to increase the fire hazard or to cause the insurance rates thereon to be increased. Tenant shall ~~operate the Demised Premises in a clean~~ not abuse walls, ceilings, partitions, floors, wood, stone and ~~dignified manner and in compliance with all applicable laws, regulations, rules~~brick, and ~~ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties~~iron work; nor use plumbing and electrical wiring for any purpose other than that for which constructed; nor create, ~~Landlord shall provide janitorial services and shared costs will be included in~~ maintain, or permit a nuisance therein; nor do any act tending to injure the ~~Operating Cost~~reputation of the Park. Tenant shall ~~use~~ not perform any acts nor carry on any practices which may injure the ~~Demised Premises~~ Leased Property or be a nuisance or menace to other tenants in the Park, and shall store all trash and garbage within the Leased Property, or within containers provided for ~~no unlawful purpose or act; shall commit or permit no waste or damage to~~ regular city pickup. If the ~~Demised Premises; shall~~amount of trash and garbage is too excessive for regular city pickup, Tenant will arrange for pickup and cartage of all excess trash and garbage at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage at any time in or about the ~~Real Property. ☐ V. No aerial~~Leased Property or anywhere else in the Park; provided, ~~loudspeaker~~however, ~~satellite dish, sound amplifier, equipment, displays, or advertising shall be erected~~ that Landlord may in its sole discretion permit the burning of trash on the ~~roof~~ Leased Property or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as incinerators to be ~~heard other than~~ furnished by ~~persons who are within the Demised Premises without the prior written consent of~~ Tenant and approved by Landlord~~. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII~~. Tenant shall ~~keep~~ at all times during the ~~Demised Premises at a temperature sufficiently high to prevent freezing~~ Lease Term comply with all statutes, municipal and police regulations, and ordinances of ~~water~~ Federal, State, City and County governments and agencies or other public authority directed against or in ~~pipes and fixtures. ☐ IX~~any way affecting the Leased Property or Tenant’s business conducted therein. Tenant shall not permit (a) any release of any hazardous substance from the Leased Property; (b) any unlawful, harmful or ~~place any obstructions~~ improper discharge from the Leased Property into the surrounding atmosphere or ~~merchandise in any common areas~~into the sewers, ~~including but not limited to, corridors, all sidewalks in front of,~~ drains and waterways on or adjacent to the ~~side of~~Leased Property, or in the ~~back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for~~ groundwater thereunder; (c) any ~~purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage,~~ harmful or ~~damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful~~ improper disposal of ~~all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~liquid or solid waste (hazardous or otherwise) generated on, ~~window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be~~ stored ~~in the Demised Premises except that which Tenant is selling in the normal course of business in, at,~~ at or transported from the ~~Demised Premises. ☐ XIII~~Leased Property. ~~No auctions or tent sales shall be held within~~ As used in this Section, the ~~Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord~~ terms "hazardous substance," "release" and "removal" shall have the ~~right to prohibit~~ same meaning and definition as set forth in paragraphs (14), (22) and (23), respectively, of 42 U.S.C. § 9601 and in I.C. 13-7-8.7-1: provided, however, that the ~~continued use by Tenant~~ term "hazardous substance" as used herein also shall include "hazardous waste" (as defined in paragraph (5) of ~~any unethical or unfair method~~ 42 U.S.C. § 6903) and "petroleum" (as defined in paragraph (8) of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities42 U.S.C. § 6991). ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

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

USE AND OCCUPANCY. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as executive and ~~occupy~~ administrative office for its business. Notwithstanding the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable lawsforegoing, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the ~~Operating Cost. Tenant shall use~~ Leased Premises the ~~Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at~~ Tenant~~’s expense, comply with and obey all applicable laws, regulations~~, or ~~orders of~~ assignees, sublessees, licensees or any ~~governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of~~ other ~~tenants or~~ occupants of the ~~Real~~ Leased Premises, shall not open for the public a branch retail banking facility. 7.2 In connection with the Tenant’s use and occupancy of the Leased Premises and use of the Common Facilities, the Tenant shall observe, and the Tenant shall cause the Tenant’s employees, other agents and Guests to observe, each of the following: 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have the effect of creating not insignificantly increased risk of, or damage from, fire, explosion or other casualty; 7.2.2 the Tenant shall not do, or permit or suffer the doing of, anything which would have the effect of (a) increasing any premium for any liability, property, casualty or excess coverage insurance policy otherwise payable by the Landlord or any tenant of Other Leased Premises or (b) making any such types or amounts of insurance coverage unavailable or less available to the Landlord or any tenant of Other Leased Premises; 7.2.3 to the extent they are not inconsistent with this Agreement, the Tenant and the Tenant’s employees, other agents and Guests shall comply with the Building Rules and Regulations attached hereto as Exhibit D, and with any changes made therein by the Landlord if, with respect to any such changes, the Landlord shall have given notice of the particular changes to the Tenant and such changes shall not materially adversely affect the conduct of the Tenant’s business in the Leased Premises; 7.2.4 the Tenant and the Tenant’s employees, other agents and Guests shall not create, permit or continue any Nuisance in or around the Carnegie Center Complex, the Leased Premises, the Other Leased Premises, the Building, the Common Facilities and the Property; ; 7.2.5 the Tenant and the Tenant’s employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per two hundred forty (240) square feet of gross rentable floor space of the Leased Premises; 7.2.6 the Tenant and the Tenant’s employees, other agents and Guests shall comply with all ~~the rules~~ Federal, state and ~~requirements promulgated by Landlord with respect~~ local statutes, ordinances, rules, regulations and orders as they pertain to the ~~Real~~ Tenant’s use and occupancy of the Leased Premises, to the conduct of the Tenant’s business and to the use of the Common Facilities, except that this subsection shall not require the Tenant to make any structural changes that may be required thereby that are generally applicable to the Building as a whole; 7.2.7 the Tenant and the Tenant’s employees, other agents and Guests shall comply with the requirements of the Board of Fire Underwriters (or successor organization) and of any insurance carriers providing liability, property, casualty or excess insurance coverage regarding the Property, as the ~~same~~ Building, the Common Facilities or any portions thereof, any other improvements on the Property and the Carnegie Center Complex, except that this subsection shall not require the Tenant to make any structural changes that may be ~~amended from time~~ required thereby that are generally applicable to ~~time.~~ the Building as a whole; 7.2.8 the Tenant ~~agrees as follows:~~ and the Tenant’s employees, other agents and Guests shall not bring or discharge any substance (~~Check all that apply~~solid liquid or gaseous) ~~☐ I. All loading and unloading~~, ~~delivery and shipping of goods shall be conducted~~ or conduct any activity, in ~~such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds~~ or ~~shades, shall be placed~~ on the ~~windows of Demised~~ Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises ~~unless approved~~ that shall have been identified by ~~Landlord. ☐ III. No smoking in~~ the ~~Demised Premises~~ scientific community or ~~within __________ feet~~ by any Federal, state or ~~any doorway. ☐ IV. All garbage and refuse shall be kept in~~ local statute (including, without limiting the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls generality of the ~~Demised Premises~~foregoing, ~~or on other areas of~~ the ~~Real Property without the prior written consent of Landlord~~Spill Compensation and Control Act (58 N.J.S.A. 23.11 et seq. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, ) and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises Industrial Site Recovery Act (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.13 N.J.

Appears in 2 contracts

Samples: Lease Agreement (LianBio), Lease Agreement (LianBio)

USE AND OCCUPANCY. Supplementing the provisions of Article 2 of this ----------------- lease: (a) Tenant agrees that during the first two (2) years and four and one-half (4-1/2) months of the term of this lease, it shall use, occupy, operate and maintain the basement level of the demised premises throughout the term of this lease as a first-class motion picture theatre only. Should Tenant thereafter desire to use ~~and occupy~~ the ~~Demised Premises~~ basement level of the demised premises for any other purpose, it shall first obtain the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance prior written consent of ~~Landlord~~Owner. In its request for such other use, Tenant shall inform Owner in writing as to the exact nature and duration of such use. Owner agrees that it shall not unreasonably withhold its consent to such other use of the basement level. Notwithstanding anything herein contained, under no circumstances shall Tenant use the basement level or any part thereof for the sale or service of food or beverages (except for food sold by Tenant or concessionaires for movie theatre patrons only) or as a nightclub, discotheque or cabaret. (b) Tenant agrees to use, occupy, operate and maintain the ~~Demised Premises~~ ground floor level of the demised premises throughout the term of this lease as either a first-class motion picture theatre and/or as a cafe restaurant. Should Tenant desire to use the ground floor level of the demised premises for any other purpose, it shall first obtain the prior written consent of Owner. In its request for such other use, Tenant shall inform Owner in writing as to the exact nature and duration of such use. Owner agrees that it shall not unreasonably withhold its consent to such other use of the ground floor level. (c) Tenant agrees to use, occupy and maintain the demised premises throughout the term of this lease in a ~~clean~~ high grade and ~~dignified~~ reputable manner and in ~~compliance~~ a manner which shall not detract from the character, appearance or dignity of the Building. Tenant further agrees not to (i) engage in any unethical method of business operation, (ii) use or permit to be used the sidewalks or other space outside the demised premises for any display, sale or similar undertaking or storage, unless in each instance Tenant as acquired all necessary permits in connection with the foregoing and has complied with all ~~applicable~~ laws, ~~regulations~~rules and regulations pertaining thereto, ~~rules~~or (iii) use or permit to be used any loudspeaker, phonograph or other sound system or advertising device which may be heard outside the demised premises. Tenant acknowledges that Owner's damages resulting from any breach of the provisions of Articles 2 and ~~ordinances. Janitorial Services~~ 37 hereof or of this Article are difficult, if not impossible, to ascertain and by law or the provisions of this lease, Owner shall be entitled to enjoin Tenant from any violation of said provisions. (~~Check one~~d) ☐ Tenant shall ~~provide its own janitorial services. ☐ As agreed by both parties~~not at any time use or occupy the demised premises or the Building, ~~Landlord shall provide janitorial services and shared costs will be included~~ or suffer or permit anyone to use or occupy the demised premises, or do anything in the ~~Operating Cost. Tenant shall use~~ demised premises or the ~~Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations~~Building, or ~~orders of any governmental authority or agency; shall not do~~ suffer or permit anything to be done in, brought into or kept on the demised premises, which (i) violates the certificate of occupancy for the demised premises, if any, or for the Building; (ii) causes or is liable to cause injury to the demised premises or the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the laws and requirements of any public authorities or the requirements of insurance bodies; (iv) impairs or tends to impair the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; (v) constitutes a nuisance, public or private; (vi) makes unobtainable from reputable insurance companies authorized to do business in New York State any fire insurance with extended coverage, or ~~about~~ liability, elevator, boiler or other insurance at standard rates (for buildings containing a motion picture theatre) required to be furnished by Owner under the ~~Demised Premises which will~~ terms of any mortgages covering the demised premises; or (vii) discharges objectionable fumes, vapors or odors into the Building's flues or vents or otherwise in ~~any way obstruct or interfere with the rights of~~ such manner as may offend other tenants or occupants of the ~~Real Property~~Building. (e) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business in or adjacent to the demised premises or any part thereof, including without limitation any "public assembly" permit in accordance with the applicable provisions of Local Law 41, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Owner for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. (f) Tenant shall not use the demised premises or any part thereof for the exhibition of pornographic motion pictures; however, Tenant may exhibit motion pictures at the demised premises which are similar to those motion pictures then being shown at public theaters operated by such companies as United Artists, the Xxxxxx Xxxxx Organization, Lincoln Plaza, Cineplex and Film Forum. (g) Should Tenant use the ground floor level of the demised premises as a cafe restaurant, it shall at its own cost and expense install and maintain all necessary exhaust vent systems for cooking and other apparatus utilized; in connection with the foregoing, Owner agrees that it shall designate an area of the Building in which Tenant may reasonably extend its exhaust vent system, it being agreed that any such extension shall be performed at Tenant's sole cost and expense and otherwise in accordance with the provisions of this lease and that Tenant shall be solely responsible for the repair and maintenance of such system. It is the specific intention of the parties that the other portions of the Building shall not in Owner's reasonable judgment be affected or disturbed in any way by smoke, fumes or odors emanating from the demised premises. Tenant shall at its own cost and expense install and maintain in the demised premises such systems which may be required by the Fire Department of the City of New York or any other applicable governmental authority and shall comply with ~~all~~ any applicable governmental rules, regulations and ordinances. (h) Tenant's failure to maintain the ~~rules~~ installations required under subparagraph (g) above to the reasonable satisfaction of the Owner or to remedy promptly and ~~requirements promulgated by Landlord~~ cure after notice from Owner any violation of applicable governmental rules, regulations or ordinances with respect to ~~the Real Property~~smoke, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated fumes or odors caused by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls Tenant's use of the ~~Demised Premises, or on other areas~~ demised premises shall constitute a breach of a material and substantial obligation by Tenant under this lease and Owner shall have the right either to perform at the expense of the ~~Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker~~Tenant any work which it deems necessary in order to cure, ~~television~~reduce or eliminate such disturbance (including, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, ~~corridors~~the extension of any exhaust vent system to the roof or any other portion of the Building) or to avail itself of any other rights or remedies provided for herein or at law in the event of a default by Tenant hereunder. (i) So long as Tenant serves or allows liquor or other alcoholic beverages at the demised premises, Tenant shall at all ~~sidewalks~~ times observe, perform and comply with the New York State liquor and alcoholic beverage control laws and the rules, regulations, orders and requirements of all federal, state and municipal bodies having jurisdiction over the sale and use of liquor and alcoholic beverages. Any breach or violation by Tenant of its obligations under this subparagraph shall constitute a default under this lease and shall entitle Owner, at its option, to exercise all rights and remedies provided for hereunder in ~~front of~~the event of Tenant's default. Owner makes no representations or warranties whatsoever as to whether Tenant may legally serve or allow liquor or other alcoholic beverages at the demised premises. (j) Notwithstanding the provisions of subparagraph (b) hereof, ~~on the side of~~Tenant shall not use, or suffer or permit anyone to use, the demised premises or any part thereof, for a cafeteria, self-service restaurant, luncheonette, coffee shop, pizza parlor, salad bar, fast food restaurant or establishment selling food or beverages for off-premises consumption. The foregoing shall not prohibit Tenant from allowing the operation of a typical concession stand to sell food and beverages to movie theatre patrons at the demised premises. (k) Except as may otherwise be set forth herein, Tenant acknowledges that Owner makes no representations or warranties whatsoever as to the ability of Tenant to use the demised premises for any specific purpose. Should Tenant desire a change in ~~the back~~ use of the ~~Demised Premises. ☐ X. The plumbing facilities~~ ground floor level in ~~the Demised Premises shall not be used for any purpose other than that for which they are constructed~~accordance with subparagraph (b) hereof, ~~and no foreign substance of any kind~~ it shall be ~~thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be~~ solely responsible for the ~~proper and lawful disposal~~ performance of all ~~cooking grease used within~~ proposed alterations, installations, additions and improvements and for obtaining all necessary permits or changes in the ~~Demised Premises. ☐ XI. Tenant shall keep~~ certificate of occupancy affecting the Building; all ~~windows~~of such proposed alterations, ~~window xxxxx~~installations, ~~window frames~~ additions and ~~exterior signs of the Demised Premises clean. ☐ XII. No merchandise~~ inspections shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use performed by Tenant ~~of any unethical or unfair method of business operation, advertising or interior display if,~~ in ~~Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony~~ strict accordance with ~~the general character thereof,~~ Articles 3 and ~~upon notice from Landlord shall forthwith refrain from or discontinue such activities~~49 hereof. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Lease Agreement (Reading Entertainment Inc), Store Lease (Craig Corp)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________~~ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one)~~ ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply)) ☐ ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within ~~__________~~ feet or any doorway.. ☐ ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Commercial Lease Agreement, Commercial Lease Agreement

USE AND OCCUPANCY. Section 3.1 Tenant shall use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Use and ~~related activities. The Demised Premises shall be used~~ for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlordpurpose. Tenant shall not ~~burn~~ use or occupy or permit the use or occupancy of any ~~trash~~ part of the Premises in any manner not permitted hereunder, or ~~garbage in~~ which would adversely affect (a) the functioning of the Building Systems or ~~about~~ Premises Equipment, (b) the ~~Real Property~~use or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the exterior appearance of the Building. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises Section 3.2 Landlord shall not be ~~used~~ subject to any liability for any ~~purpose other than that for which they are constructed, and no foreign substance~~ delay or failure in delivering possession of the Premises or any ~~kind shall be thrown therein~~portion thereof to Tenant on any specific date, and the ~~expense of any breakage, stoppage, or damage resulting from a violation~~ validity of this ~~provision~~ Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease, except that Fixed Rent and Additional Rent shall be ~~borne~~ abated until possession of the Premises or portion thereof shall be delivered to Tenant. Section 3.3 Landlord shall provide Tenant the parking spaces designated on Exhibit F at no additional charge by Landlord. Further, Landlord agrees that if required to operate Tenant’s business and reasonable alternatives do not exist, Tenant may convert the grassy area behind the Building and shown on Exhibit F to additional parking and utilize same, without additional charge therefor except that Tenant will pay the cost of conversion and maintenance of such area and will, upon the request of Landlord, convert same back to a grassy area upon the expiration or earlier termination of this Lease. Landlord hereby grants to Tenant, at no additional charge to Tenant, the right to use in common with Landlord and any other person claiming by or under Landlord the existing loading dock in the Building and loading dock gates, doors and related equipment. Section 3.4 Landlord agrees to make available or cause to be made available to Tenant without warranty other than as expressly set forth herein, the use of the equipment, fixtures and conduit for the Premises only as specifically set forth in Exhibit D (“Premises Equipment”) throughout the Term or until the earlier expiration of this Lease; provided, however, Tenant agrees, subject to any right of Tenant to upgrade or replace same, to consistently and routinely throughout the Term maintain and service the non-structural portions of all such Premises Equipment pursuant to applicable manufacturer standards and requirements as determined in Landlord’s reasonable discretion, reasonable wear and tear and casualty damage excepted. Prior to the Commencement Date, Tenant shall ~~be responsible for~~ enter into full service maintenance contracts covering certain portions of the ~~proper~~ Premises Equipment (as identified in Exhibit D) and ~~lawful disposal~~ shall provide Landlord copies of all ~~cooking grease used within~~ such contracts pursuant to the ~~Demised Premises. ☐ XI~~provisions in Section 25. In no event shall Landlord be deemed to have reviewed, approved or otherwise consented to such maintenance contracts and Tenant agrees that its maintenance obligations as set forth herein shall ~~keep all windows, window xxxxx, window frames~~ not be affected or otherwise changed by such maintenance contracts. Any trade fixtures and ~~exterior signs~~ Tenant Property installed by Tenant during the Term shall remain the property of ~~the Demised Premises clean. ☐ XII. No merchandise shall~~ Tenant and may be ~~stored in the Demised Premises except that which~~ removed by Tenant ~~is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within~~ at any ~~portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV~~time. Landlord agrees that Tenant shall have the right to ~~prohibit~~ use the ~~continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if,~~ existing equipment and systems currently located in ~~Landlord’s opinion,~~ and/or exclusively servicing the ~~continued use thereof would impair~~ Premises during the ~~reputation~~ Term of the ~~Real Property as a first class facility or is otherwise out of harmony~~ Lease in accordance with the ~~general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities~~terms of this Lease. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Lease Agreement (Emdeon Inc.), Lease Agreement (Emdeon Inc.)

USE AND OCCUPANCY. 2,1 Tenant shall use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Uses, and ~~related activities. The Demised Premises shall be used~~ for no other ~~purpose without~~ purpose. 2.1 Anything contained herein to the ~~advance written consent of Landlord.~~ contrary notwithstanding, Tenant shall ~~operate~~ not use the ~~Demised~~ Premises or any part thereof, or permit the Premises or any part thereof to be used in a ~~clean and dignified~~ manner ~~and~~ or for a purpose that (i) violates any certificate of occupancy in ~~compliance with all applicable laws~~force for the Premises, ~~regulations, rules, and ordinances. Janitorial Services~~ or the Building; (~~Check one~~ii) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose causes or ~~act; shall commit or permit no waste or~~ is likely to cause damage to the ~~Demised Premises~~Building, the Premises or any equipment, facilities or other systems therein; ~~shall~~(iii) impairs the character, ~~at Tenant’s expense~~reputation, ~~comply with and obey all applicable laws, regulations,~~ image or ~~orders~~ appearance of ~~any governmental authority or agency~~the Building as a first-class office building; ~~shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere~~ (iv) interferes with the ~~rights~~ proper, efficient and economic maintenance, operation and repair of the Building or its equipment, facilities or systems, including without limitation, the Building service systems; (v) constitutes a nuisance, annoyance or inconvenience to other tenants or occupants of the ~~Real Property~~Building or interferes with or disrupts the use or occupancy of any area of the Building (other than the Premises) by other tenants or occupants; (vi) results in demonstrations, bomb threats or other events that require evacuation of or increased security for the Building or otherwise disrupts the use, occupancy or quiet enjoyment of the Building by other tenants and occupants; (vii) interferes with the transmission or reception of microwave, television, radio or other communication signals by antennae located on the roof of, or elsewhere in, the Building; (viii) violates any provision of any financing documents from time to time encumbering the Building, all covenants, conditions and restrictions affecting the Building or any modifications, amendments, substitutions, replacements, supplements or additions to any of the foregoing, provided, however, that Tenant shall ~~comply~~ have received prior written notice of same and a reasonable period to cure any such violation; or (ix) violates any requirement or condition of any insurance policy maintained by Landlord in connection with ~~all~~ the Building or of the standard fire insurance policy issues for office buildings in the City of New York or the rules and ~~requirements promulgated by Landlord with respect~~ regulations of the New York Board of Fire Underwriters or Insurance Services Office (or similar bodies). In addition to the ~~Real Property~~foregoing, as prohibited uses also include but are not limited to, the ~~same may be amended from time to time. Tenant agrees as follows~~use of any part of the Premises for: (~~Check all that apply~~n) a restaurant or bar; (o) the preparation, consumption, storage, manufacture or sale of food, beverages, liquor, tobacco or drugs (excluding the sale, storage and consumption of food or beverages from or in connection with vending machines installed for use by Tenant’s employees) ~~☐ I. All loading~~ ; (p) the business of photocopying, multilith or offset printing (but Tenant may use part of the Premises for photocopying in connection with its own business); (q) a typing or stenography business; (r) a school or classroom; (s) cooking, lodging or sleeping; (t) the operation of retail facilities of a savings and ~~unloading~~loan association or retail facilities of any financial, ~~delivery and shipping~~ lending, securities brokerage or investment activity; (u) medical or dental offices or laboratories; (v) a xxxxxx, beauty or manicure shop; (w) an employment agency, executive search firm or similar enterprise; (x) a consulate; (y) the manufacture, retail sale, storage of merchandise or auction of merchandise, goods ~~shall be conducted in such areas and through the entrances designated by Landlord~~or property of any kind; or (z) any immoral or illegal purposes. ~~☐ II. No window coverings~~2.2 Tenant, ~~such as curtains, blinds or shades~~at its sole cost and expense, shall ~~be placed on~~ procure and at all times comply with the ~~windows~~ terms and conditions of ~~Demised Premises unless approved by Landlord. ☐ III. No smoking~~ any license or permit required for the proper and lawful conduct of the Permitted Uses in the ~~Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord~~Premises. Tenant shall ~~not burn~~ pay to any ~~trash~~ taxing authority any fee, tax or ~~garbage~~ other charge levied or assessed by any governmental authority in ~~or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls~~ connection with Tenant’s use and/or occupancy of the ~~Demised~~ Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, ~~corridors, all sidewalks~~ the New York City commercial occupancy tax. 2.3 Tenant acknowledges that its use of the Premises in ~~front of, on~~ contravention of the ~~side of~~limitations in this Article 2, or in the ~~back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed~~Building’s Rules and Regulations, would cause irreparable harm to Landlord, and ~~no foreign substance~~ acknowledges that Landlord is entitled to interim and permanent injunctive relief against Tenant and any other person so using the Premises, as a remedy in addition to all of ~~any kind shall be thrown therein,~~ Landlord’s other rights and ~~the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant~~remedies. Tenant shall ~~be responsible for~~ cooperate with Landlord in seeking an injunction or any other legal action against any use other than permitted herein by any other person Tenant may have admitted to the ~~proper and lawful disposal of all cooking grease used within the Demised~~ Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)

USE AND OCCUPANCY. ~~Tenant shall~~ By executing this Lease, Lessee agrees to the following terms for the use and occupancy of the Premises: a. Only the persons who have executed this Lease as Lessee are permitted to reside in or occupy the ~~Demised~~ Premises, see Section 3. No roomers, lodgers or boarders will be permitted to occupy the Premises and no guest(s) will be permitted to occupy the Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will more than 3 days in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property month without the prior written ~~consent~~ approval of ~~Landlord~~Lessor. Lessor may impose a fine of up to $100.00 per incident for violation of these terms at its sole discretion. ~~☐ VI. No loudspeaker~~b. Lessee agrees to not use unlawful, ~~television~~improper or an offensive manner within the Premises. c. Lessee shall not operate or permit operation of a stereo system, ~~phonograph~~television set or musical instrument, ~~juke-box, radio,~~ nor entertain guests in any manner that might disturb other residents. d. In no event shall Lessee go upon or permit any other person to go on the roof of the Premises. e. Lessee shall not have a waterbed or other ~~device shall be used in a manner so as to be heard other than by persons who are within~~ liquid filled furniture on the ~~Demised~~ Premises without the prior written consent of ~~Landlord~~Lessor. ~~☐ VII~~f. Lessee must maintain all smoke detectors in working order. If a smoke detector is discovered that does not have a battery installed, Lessee will incur a fee of $50.00 penalty. g. Neither Lessee nor Lessee’s guests will obstruct driveways, sidewalks, hallways or stairways or use them for any other purpose that for entrance and exit. Only authorized persons will be permitted to use parking areas. h. No ~~activity will take place on~~ grill may be used without the ~~Demised Premises~~ prior written approval of Lessor. i. Lessee shall not use porches, balconies or common areas ~~which~~ as storage areas. j. Lessee or guest shall ~~cause~~ not climb in or out of any ~~odor which can be smelled other than by persons who are within~~ window on the ~~Demised~~ Premises. ~~☐ VIII~~k. Lessee shall give notice of absence if away from Premises for more than 5 days. ~~Tenant shall keep~~ A violation of one or more of these conditions constitutes default of the ~~Demised Premises at a temperature sufficiently high~~ terms of the Lease. Lessor will give Lessee 3 days notice to ~~prevent freezing of water in pipes~~ fix the default. If Lessee fails to fix the default, then Lessor may initiate eviction proceedings against the Lessee. Lessee agrees to pay all Lessor’s costs and ~~fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas~~expenses, including ~~but not limited to, corridors, all sidewalks in front of, on~~ attorney’s fees associated with Lessor’s attempt to cure the ~~side of, or in the back of the Demised Premises~~default. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the ~~Demised~~ Premises for general office purposes only and all lawful uses ancillary thereto (which shall be deemed to include the operation of a small commercial test kitchen, provided the location of, plans and specifications for, and activities to be conducted within such kitchen shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld) and shall otherwise make no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants use of the ~~Real Property; and shall comply with all the rules and requirements promulgated by Landlord with~~ Premises. With respect to the ~~Real Property~~small commercial test kitchen to be installed in the Premises as part of the Tenant Improvements pursuant to the immediately preceding sentence, such facility must be vented to Landlord’s reasonable satisfaction, and as part of Tenant’s maintenance obligations under Section 5.5 herein, Tenant shall keep the ~~same may~~ vent apparatus and system maintained in a first-class condition and state of operation throughout the Lease Term. Additionally, in no event shall the Premises, or any portion thereof, be ~~amended from time~~ used for the operation of (i) an executive office business where individual suites or offices within the Premises are leased, rented or licensed to ~~time. Tenant agrees as follows:~~ individual tenants, renters or licensees, (~~Check all that apply) ☐ I. All loading and unloading~~ii) an office of any federal, ~~delivery and shipping of goods~~ state or local governmental entity or organization (provided, a professional governmental non-social service agency (e.g., FBI, Secret Service, FDIC) shall be ~~conducted~~ permitted), (iii) a medical office or facility for the primary purpose of conducting laboratory research and/or treating or otherwise counseling patients, or (iv) any use that is inconsistent with the terms and provisions of the Declaration Documentation, without Landlord’s prior written consent, which Landlord may withhold in ~~such areas and through the entrances designated by~~ Landlord~~. ☐ II~~’s sole discretion. ~~No window coverings~~Further, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not ~~burn~~ place or affix any ~~trash~~ sign, name, legend, notice or ~~garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected~~ advertisement of any kind on ~~the roof or exterior walls~~ any part of the ~~Demised Premises~~Building, except as provided in Section 7.2 herein or ~~on other areas~~ elsewhere in this Lease, except for signage in the lobby of the ~~Real Property~~ Premises which is not visible from the exterior of the Building and except for name plates for offices and conference rooms, without the prior written ~~consent~~ approval of Landlord~~. ☐ VI~~, which Landlord may withhold in its sole discretion. ~~No loudspeaker~~Provided, ~~television~~however, ~~phonograph~~during any portion of the Lease Term when Tenant is leasing from Landlord less than all of the rentable space in the Building, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not ~~permit~~ display any signs or ~~place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or~~ other media in the ~~back~~ lobby of the ~~Demised~~ Building for the purpose of advertising Tenant, any product of Tenant or any other entity, event or thing. Regarding any patio, balcony, porch or similar contiguous space outside of the Building (including any balcony, porch or similar contiguous space located outside of the Building that may be attached to and accessible only from the Premises~~. ☐ X. The plumbing facilities~~ , e.g., exterior balconies accessible only from, and serving only, the Premises), Tenant shall not have the right to place furniture or equipment or any other personal property in ~~the Demised Premises~~ such space without Landlord’s prior written consent, which Landlord may withhold in Landlord’s sole discretion. Also, notwithstanding any other provision of this Lease, such space shall not be used for ~~any purpose other than that for which they are constructed~~office purposes, ~~and no foreign substance of any kind~~ but shall be ~~thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne~~ used by Tenant’s employees and visitors only for viewing, relaxing or talking purposes (which may include incidental use of laptop computers on a non-permanent basis); and in no event shall any smoking or other use of tobacco products be permitted on or in any such space. Also, Tenant shall ~~be responsible for the proper and lawful disposal of~~ cause its commercial general liability insurance required under this Lease to cover all ~~cooking grease used within the Demised Premises~~such spaces. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 2 contracts

Samples: Lease (Premier, Inc.), Lease (Premier, Inc.)

USE AND OCCUPANCY. ~~Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities.~~ (a) The ~~Demised~~ Premises shall be used and occupied only for the Permitted Use described in the Preamble to this Lease and for no other ~~purpose without the advance written consent of Landlord~~use or purpose. Tenant shall ~~operate~~ not use or permit the ~~Demised~~ use of the Premises or any part thereof in ~~a clean~~ any way which would violate any certificate of occupancy for the Building or the Premises, or any of the covenants, agreements, terms, provisions and ~~dignified manner~~ conditions of this Lease, or for any unlawful purposes or in any unlawful manner, or, in the reasonable judgment of any insurer of the Building, cause Landlord's insurance thereon to be canceled; and ~~in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐~~ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit not suffer or permit ~~no waste~~ the Premises or ~~damage~~ any part thereof to ~~the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations,~~ be used in any manner or ~~orders of any governmental authority~~ anything to be done therein or ~~agency; shall not do~~ suffer or permit anything to be ~~done~~ brought into or kept in ~~or about~~ the ~~Demised~~ Premises ~~which will~~ which, in the reasonable judgment of Landlord, shall in any way ~~obstruct~~ impair the character, reputation or appearance of the Building, impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the Premises, or impair or interfere with the ~~rights~~ use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the ~~Real Property; and~~ Building, if any. Tenant shall ~~comply with all the rules and requirements promulgated by Landlord with respect~~ have access to the ~~Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading~~ Building and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises ~~or within __________ feet or any doorway~~twenty-four (24) hours a day, three hundred sixty five (365) days a year. ~~☐ IV. All garbage and refuse~~ (b) If any governmental license or permit (other than the certificate of occupancy required to be obtained by Landlord) shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible required for the proper and lawful ~~disposal~~ conduct of Tenant's business or other activity carried on in the Premises by Tenant and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall at all ~~cooking grease used within~~ times, comply with the ~~Demised Premises~~terms and conditions of each such license or permit. ~~☐ XI.~~ (c) Tenant shall ~~keep all windows~~not store or permit to be used in any way in, ~~window xxxxx, window frames and exterior signs of~~ on or about the Demised Premises ~~clean. ☐ XII. No merchandise~~ any "hazardous materials", which, for the purposes hereof, shall ~~be stored in the Demised Premises except that~~ include any chemical substance, material or waste or component thereof which ~~Tenant~~ is ~~selling in the normal course of business in~~now or hereafter listed, atdefined or regulated as a hazardous or toxic chemical, substance, material or ~~from the Demised Premises. ☐ XIII. No auctions~~ waste or ~~tent sales shall be held within the Demised Premises~~ component thereof by any Federal, State or ~~on or within~~ local environmental laws and regulations promulgated pursuant to any ~~portion~~ of the ~~Real Property~~foregoing including, ~~except with~~ for example at the ~~prior written consent~~ federal level only and without limitation, the Resource Conservation and Recovery Act of ~~Landlord~~1976, 42 U.S.C. 6901, et seq. ~~☐ XIV~~; the Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et seq.; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601, et seq.; the Clean Air Act, 42 U.S.C. 7401, et seq.; the Safe Drinking Water Act, 00 X.X.X. 000x, xx xxx.; and the Clean Water Act, 33 U.S.C. 1251, et seq. ~~Landlord~~ The foregoing shall ~~have the right~~ not be deemed to prohibit the ~~continued~~ use ~~by Tenant~~ of ~~any unethical or unfair method of business operation, advertising or interior display if,~~ customary office supplies and equipment in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activitiesquantities reasonably necessary for Tenant's Permitted Use. ~~☐ XV.~~ (d) Landlord agrees to indemnify and hold harmless the Tenant ~~shall keep the Demised Premises~~ from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (~~including~~ including, without limitation, ~~exterior and interior portions of all windows, doors~~ any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Substances in or on the Premises, unless the Hazardous Substances are present as a result of negligence, willful misconduct of other ~~glass) in a neat~~acts of Tenant, ~~clean and sanitary condition~~Tenant's agents, ~~free of all insects~~employees, ~~rodents, vermin and pests of every type and kind. ☐ XVI~~contractors or invitees. ~~Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because~~ Without limitation of the ~~emission of noise~~foregoing, ~~smoke, dust or odors. ☐ XVII. Tenant~~ this indemnification shall ~~keep the entry ways~~ include any and ~~sidewalk/walkway in front~~ all costs incurred due to any investigation of the ~~Demised Premise clear~~ site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision, unless the Hazardous Substances are present as a result of negligence, willful misconduct or other acts of Tenant, Tenant's agents, employees, contractors or invitees. This indemnification shall spcifically include any and all ~~debris~~costs due to Hazardous Substances which flow, ~~trash and litter~~diffuse, ~~and shall keep~~ migrate or percolate into, onto or under the ~~same swept, maintained and snow and ice removed therefrom~~Premises after the Lease Term Commences.

Appears in 1 contract

Samples: Lease Agreement (Computer Outsourcing Services Inc)

USE AND OCCUPANCY. ~~Tenant~~ (a) The Lessee shall continuously, actively and diligently use and occupy the ~~Demised~~ Leased Premises only for ~~the commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ A GENERAL OFFICE/ASSEMBLY/LIGHT MANUFACTURING SPACE COMPATIBLE WITH THE CC&R'S AND UNDERLYING ZONING FOR THE PREMISES THAT DOES NOT CONFLICT WITH ANY EXISTING OR FUTURE NON-COMPETITIVE USES IN THE PARK and ~~related activities. The Demised Premises shall be used~~ for no other purpose without prior written consent from the ~~advance~~ Lessor. (i) the Lessee shall not permit or suffer the following to be present at, on or under the Leased Premises: (1) any Contaminant, including without limitation, polychlorinated biphynels ("PCBs") or substances containing PCBs or asbestos or materials containing asbestos; (2) urea formaldehyde foam insulation; or (3) underground or above-ground storage tanks or conduits; unless it has received the prior written consent of ~~Landlord~~the Lessor which consent may be unreasonably withheld. ~~Tenant~~ Any of the above-noted substances or items which the Lessor gives written permission to suffer or permit at the Leased Premises shall be maintained by the Lessee during the Term, and removed by the Lessee at the expiry or earlier termination of the Lease, in strict compliance with all Environmental Laws, at the sole cost and expense of the Lessee and the Lessee shall indemnify the Lessor from and against all claims and costs resulting from the presence of such substances or items at, on or under the Leased Premises; (ii) the Lessee hereby covenants, warrants and represents that it currently conducts and maintains its business and operations, and shall continue to conduct and maintain its business and operations at the Leased Premises, so as to comply in all respects with all present and future laws, regulations, by-laws, licenses and ordinances including, without limitation, all Environmental Laws (collectively, "Laws") and shall take all appropriate actions so as to remain in compliance with Laws, including obtaining all necessary licenses, permits, consents and approvals required to operate the ~~Demised~~ Leased Premises and the business carried out on, at or from the Leased Premises. The Lessee shall establish and maintain a system to assure and monitor continued compliance with, and to prevent the contravention of, Laws (including Environmental Laws), which system shall include periodic reviews of the compliance system; (iii) the Lessee acknowledges that it has inspected the Leased Premises and has performed tests and studies including, without limitation, an environmental audit, so as to satisfy itself as to the state of repair and condition of the Leased Premises and agrees to accept the Leased Premises in ~~a clean~~ an "as is" condition. The Lessee acknowledges that its tests and ~~dignified manner~~ inspections have indicated that the Leased Premises currently comply with all Laws (including Environmental Laws). The Lessor will not be responsible or liable to the Lessee for the state of repair or condition of the Leased Premises or the compliance or non-compliance of the Leased Premises with Laws and the Lessee shall be fully responsible and liable for same in accordance with the terms of this Lease; (iv) the Lessee shall notify the Lessor immediately and in reasonable detail upon discovery of any Contaminant, or receipt of any claim, notice or communication relating to any Contaminant, affecting the Leased Premises or any property in the vicinity of the Leased Premises or if the Lessee becomes aware of any violation or potential violation by the Lessee of any Environmental Laws or any warranty, covenant or representation in this Section l and shall describe therein the action which the Lessee intends to take with respect to such matter. Forthwith upon receipt, the Lessee shall send copies to the Lessor of all orders, approvals or licenses affecting the Leased Premises and all correspondence with authorities having jurisdiction or any other person with respect to any Contaminant or Environmental Laws relating to the Leased Premises or any property in the vicinity of the Leased Premises, including, without limitation, results of environmental tests and reports in the Lessee's possession; (v) the Lessee covenants at its sole cost and expense to do such work as is necessary to remedy or prevent the discharge, spill or location of any Contaminant on, from or under the Leased Premises or the breach by the Lessee of any Environmental Law and to remove any Contaminant found at, on or under the Leased Premises so as to comply with Environmental Laws (such work being hereinafter referred to as the "Remedial Work"). Prior to undertaking the Remedial Work, the Lessee shall, at its own expense, prepare all necessary studies, plans and proposals with respect to the Remedial Work and submit the same for approval by the Lessor. The Lessee shall provide all completion bonds and other security required by the Lessor or the authorities having jurisdiction and shall carry out the work required in accordance with such approved plans and in compliance with all ~~applicable laws~~Environmental Laws and the Lessor's reasonable requirements. The Lessee shall keep the Lessor fully informed with respect to all aspects of the Remedial Work. The Lessee further agrees that if the Lessor determines, ~~regulations~~acting reasonably, ~~rules~~that the Lessee is not diligently commencing or completing the Remedial Work or that the Building, the Lands, the Lessor or the Lessor's reputation could be placed in jeopardy by the quality or method of performance of such Remedial Work by the Lessee, the Lessor may itself undertake the Remedial Work or any part thereof at the cost and ~~ordinances~~expense of the Lessee, which cost shall be paid by the Lessee within 30 days after receipt of an invoice on account thereof. ~~Janitorial Services (Check one) ☐ Tenant~~ The Lessor shall ~~provide~~ be entitled to retain its own ~~janitorial services~~consultants to monitor all aspects of the Remedial Work including the determination of what Remedial Work is necessary and the Lessee will promptly reimburse the Lessor for all costs thereof. (vi) the Lessor or its agents may at any time and from time to time on 24 hours' prior written notice to the Lessee, enter the Leased Premises to inspect the Leased Premises and any records reasonably considered to be relevant to confirm compliance by the Lessee of all Laws and covenants hereunder or to identify the existence, nature and extent of any Contaminant on the Leased Premises and the Lessee's use, storage and disposal of any Contaminant. ~~☐ As agreed~~ The Lessee agrees to cooperate with the Lessor and its agents in their performance of each such inspection. If the Lessor, acting reasonably, determines following any such inspection, that further testing or investigation is required in order to monitor the Lessee's compliance with all Laws and covenant's hereunder, the Lessor may required the Lessee, at the Lessee's expense, to arrange for such testing or investigation, or may arrange for such testing or investigation itself, in which case the Lessor's costs of any such testing or investigation shall be paid by ~~both parties~~the Lessee to the Lessor within 30 days after receipt of an invoice on account thereof. The inspections contemplated by this Section 1(b)(vi) include, ~~Landlord~~ without limitation, the right to undertake soil, ground water, environmental or other tests, measurements or surveys in, on or below the Leased Premises; (vii) upon the expiration or earlier termination of this Lease, the Lessee, at its sole cost and expense, shall ~~provide janitorial services~~ obtain and ~~shared~~ deliver to the Lessor a certificate from all relevant governmental authorities to the effect that the Leased Premises are in full compliance with all Environmental Laws or a written certificate from an environmental consultant approved by the Lessor to the same effect; and (viii) the Lessee shall and does hereby indemnify and save harmless the Lessor and its successors and assigns and the directors, officers, employees and agents of the Lessor and its successors and assigns (collectively the "Indemnitees") from and against all losses, damages, expenses and costs (including legal costs as between an attorney and his own client) whatsoever which may bc suffered by any of the Indemnitees arising from or relating to the use of the Leased Premises by the Lessee or any breach by the Lessee of any warranty, covenant or representation in this Section 1. This indemnity shall survive the expiration or earlier termination of the Lease. The Lessor shall hold the benefit of this indemnity in trust for those indemnified persons who are not parties to this Lease. Initial ------------------------- [illegible] [illegible] [illegible] [illegible] ADDENDUM TO PARAGRAPH 49(i) 1(b)(v) Notwithstanding the foregoing, Lessee will not be responsible for contaminants disposed of on this property prior to the occupancy of the Premises by Lessee. Lessee will be ~~included in~~ responsible for any contaminants disposed of on this property by Lessee, Lessee's employees, agents, customers, contractors, licensees, or invitees. ADDENDUM TO PARAGRAPH 49(i) 1(b)(vii) In the ~~Operating Cost. Tenant~~ event said certification reveals that contaminants have been disposed of on the Premises by Lessee, Lessee's employees, agents, customers, contractors, licenses, or invitees, then Lessee shall ~~use~~ reimburse Lessor for the ~~Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to~~ cost of the ~~Demised Premises;~~ environmental certification and Lessee shall, at ~~Tenant’s expense~~its sole cost, ~~comply with and obey~~ perform all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to timenecessary remedial work per Paragraph 1(b)(v) above. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.Initial ------------------------- [illegible] [illegible] [illegible] [illegible]

Appears in 1 contract

Samples: Guaranty (Photomatrix Inc/ Ca)

USE AND OCCUPANCY. A. Tenant shall continuously use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Use, and ~~related activities. The Demised Premises shall be used~~ for no other ~~purpose~~ purpose, including without ~~the advance written consent of Landlord~~limitation, any use prohibited by a New Markets Tax Credits program. Tenant shall ~~operate~~ obtain the ~~Demised Premises in a clean and dignified manner and in compliance with all applicable laws~~appropriate licensing, ~~regulations, rules~~operating permits, and ~~ordinances. Janitorial Services (Check one) ☐~~ charter approvals as required by law and by the authorities having jurisdiction, and Tenant shall certify to Landlord annually that it meets the federal definition of a charter school (attached hereto as Exhibit D), in accordance with Article 33 hereof. The portion of Tenant or its subtenant’s business, as applicable, which is operating at the Premises shall comply with Academic Standards, as delineated in Exhibit E, which compliance constitutes a material term of this Lease. Failure to comply with the charter school requirements set forth in Exhibit D or the Academic Standards set forth in Exhibit E shall constitute a default under this Lease; provided, however, Tenant’s failure to comply with the Academic Standards, shall not constitute a default under this Lease so long as (i) within thirty (30) days of notice from Landlord, Tenant timely engages an independent consultant acceptable to Landlord to perform a Technical Assessment of School, (ii) within sixty (60) days of engaging an independent consultant such independent consultant shall complete the Technical Assessment and provide a written report summarizing its ~~own janitorial services~~findings and providing recommendations for meeting the academic standards, and (iii) as soon as practicable, but no later than forty-five (45) days after receipt of such written report, School shall implement the independent consultant’s recommendations. ~~☐ As agreed by both parties~~Further, Landlord shall ~~provide janitorial services and shared costs will be included~~ have the right, in ~~the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall~~its sole discretion, at to: (i) attend Tenant’s ~~expense~~(or any applicable Subtenant’s) board meetings; (ii) meet with Tenant’s (or any applicable Subtenant’s) authorizer for periodic updates, ~~comply with~~ (iii) require an action plan for improved performance; and ~~obey all applicable laws, regulations, or orders of any governmental authority or agency;~~ (iv) require external academic consultant support. B. The Permitted Use shall not ~~do or permit anything to~~ be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property changed without the prior written consent of ~~Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used~~ Landlord in ~~a manner so as to be heard other than by persons who are within the Demised Premises without~~ its sole and absolute discretion and the prior written consent of the Landlord~~. ☐ VII~~’s Mortgagee, to the extent applicable. ~~No activity will take place on the Demised Premises or common areas which~~ The provisions of this Article shall ~~cause any odor which can~~ be ~~smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes~~ binding upon Xxxxxx’s successors, assigns, subtenants and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises licensees and shall not be waived by any consent to an assignment or subletting or otherwise except by written instrument expressly referring to this Article. C. Without limiting the foregoing provisions of this Article 4, in no event shall Tenant (or any subtenant) use or permit the Premises to be used for, and hereby covenants not to engage in: (a) any trade or business consisting of the operation of any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for ~~any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage~~gambling, or ~~damage resulting from a violation~~ any other store the principal business of ~~this provision shall be borne by Tenant. Tenant shall be responsible~~ which is the sale of alcoholic beverages for ~~the proper and lawful disposal~~ consumption off premises, (b) rental to others of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Residential Rental Property, ~~except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation~~as defined below, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.or

Appears in 1 contract

Samples: Lease Agreement

USE AND OCCUPANCY. ~~Tenant shall~~ (a) The Lessee agrees that the Leased Premises will be used only for general office use and ~~occupy the Demised Premises~~ for the ~~commercial~~ purpose of ~~____________________________________________________________ [Description~~ conducting Lessee’s business therefrom (the “Permitted Use”); that no unlawful use of ~~commercial purpose] and related activities. The Demised~~ the Leased Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be ~~included in the Operating Cost. Tenant shall use the Demised Premises for~~ made; that no ~~unlawful purpose~~ sign, name, legend, notice or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance advertisement of any kind ~~shall~~ will be ~~thrown therein~~fixed, ~~and the expense of~~ painted or displayed on any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs part of the ~~Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised~~ Leased Premises~~. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property~~, except with the ~~prior written~~ consent of ~~Landlord~~Lessor, which consent shall not be unreasonably withheld; and that upon the termination of this Lease, Lessee will vacate and surrender possession of the Leased Premises to the Lessor in as good condition as the Leased Premises were at the commencement of this Lease, ordinary wear and tear excepted. ~~☐ XIV. Landlord shall have~~ (b) Lessee will use and operate the ~~right to prohibit~~ Leased Premises and the ~~continued use~~ common areas of the GreenTree Centre in compliance with the rules and regulations attached hereto as Exhibit D and any other rules established by ~~Tenant~~ Lessor and approved by a majority of the tenants in the Building and with all laws, rules and regulations of any ~~unethical~~ agency having jurisdiction over the Leased Premises. Lessee will not use, and will not permit or ~~unfair method of business operation, advertising or interior display if, in Landlord’s opinion~~suffer anyone else to use, the ~~continued use thereof would impair~~ Leased Premises for the ~~reputation~~ production, storage or disposal of any hazardous substance, as now or hereafter defined by any agency having jurisdiction over the premises, or any petroleum product. Lessee hereby indemnifies and agrees to hold harmless Lessor from any cost, obligation, fine, penalty, charge, loss or damage, including attorney’s fees, arising out of the ~~Real Property as a first class facility~~ use or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because operation of the ~~emission~~ leased Premises or the storage or disposal of ~~noise~~any material thereon, ~~smoke, dust or odors~~during the time that Lessee is in possession of said premises. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease (BNC Bancorp)

USE AND OCCUPANCY. Section 3.1 Tenant shall use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Use and ~~related activities. The Demised Premises shall be used~~ for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVIpurpose. Tenant shall not use or occupy or permit the ~~Demised~~ use or occupancy of any part of the Premises in any manner not permitted hereunder, or which would adversely affect (a) the functioning of the Building Systems, (b) the use or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance, character or reputation of the Building. Section 3.2 Landlord shall not be subject to any liability for any ~~purpose~~ delay or ~~business which is noxious or unreasonably offensive because~~ failure in delivering possession of the ~~emission~~ Premises or any portion thereof to Tenant on any specific date, and the validity of ~~noise~~this Lease shall not be impaired under such circumstances, ~~smoke~~nor shall the same be construed to extend the term of this Lease, ~~dust~~ except that Fixed Rent and Additional Rent shall be abated until possession of the Premises or ~~odors~~portion thereof shall be delivered to Tenant. ~~☐ XVII~~Section 3.3 Landlord shall allow Tenant and Landlord’s employees the exclusive use of those certain parking spaces identified in Exhibit E, at no additional charge by Landlord. Section 3.4 Landlord agrees to make available or cause to be made available to Tenant without warranty the use of the equipment and fixtures for the Premises only as specifically set forth in Exhibit F (“Premises Equipment”) through the Term or earlier expiration of this Lease; provided, however, Tenant agrees to consistently and routinely through the Term maintain and service all such Premises Equipment pursuant to applicable manufacturer standards and requirements as determined in Landlord’s discretion. Prior to the Rent Commencement Date, Tenant shall ~~keep the entry ways and sidewalk/walkway in front~~ enter into full service maintenance contracts covering certain portions of the ~~Demised Premise clear~~ Premises Equipment (as identified in Exhibit F) and shall provide Landlord copies of all ~~debris, trash and litter, and shall keep~~ such contracts pursuant to the ~~same swept, maintained and snow and ice removed therefrom~~provisions in Section 25.

Appears in 1 contract

Samples: Lease Agreement (Rackspace Inc)

USE AND OCCUPANCY. Section 2.1 Tenant shall use and occupy the ~~Demised~~ Premises ~~for the commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ as general and ~~related activities. The Demised Premises shall be used~~ executive offices, uses incidental thereto and for no other ~~purpose without~~ purpose. (a) Tenant shall not use the ~~advance written consent~~ Premises or any part thereof, or permit the Premises or any part thereof to be used by the United States Government, the City or the State of ~~Landlord~~New York, any foreign government, the United Nations or any agency or department of any of the foregoing or any other Person having sovereign or diplomatic immunity. (b) Tenant shall not use or permit the use of the Premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or any Requirements or for any unlawful purposes or in any unlawful manner or in violation of the certificate of occupancy for the Premises or the Building (Landlord being obligated to maintain the certificate of occupancy so as to permit the use of the Premises by Tenant in accordance with the provisions hereof). Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit not suffer or permit ~~no waste~~ the Premises or ~~damage~~ any part thereof to ~~the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations,~~ be used in any manner or ~~orders of any governmental authority or agency; shall not do or permit~~ anything to be done therein or anything to be brought into or kept therein which, in ~~or about~~ the ~~Demised Premises which will~~ reasonable judgment of the Landlord, shall in any way ~~obstruct~~ impair or interfere with any of the ~~rights~~ Building services or with the use of any of the other areas of the Building by Landlord or any of the other tenants or occupants of the ~~Real Property;~~ Building. (c) In connection with, and incidental to, Tenant's use of the Premises for general and executive offices as provided in this Article 2, Tenant, at its sole cost and expense and upon compliance with all applicable Requirements, may install in the Premises up to four (4) "xxxxx" or similar units per each full floor of the Premises for the purpose of warming food for the employees and guests of Tenant (but not for use as a public restaurant), provided that Tenant shall obtain all permits required by any Governmental Authorities for the operation thereof and such installation shall comply with ~~all~~ the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation provisions of this ~~provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~Lease, ~~window xxxxx~~including, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, ~~exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI~~Article 3 hereof. Tenant ~~shall not~~ may also install, at its sole cost and expense and subject to and in compliance with the provisions of Articles 3 and 4 hereof, vending machines for the exclusive use ~~the Demised Premises for any purpose or business which is noxious or unreasonably offensive because~~ of the ~~emission~~ officers, employees and guests of ~~noise~~Tenant. Each vending machine which dispenses any beverages or other liquids or refrigerates shall have a waterproof pan located thereunder, ~~smoke, dust or odors~~connected to a drain. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement (Minerals Technologies Inc)

USE AND OCCUPANCY. ~~Tenant~~ 2.1 Lessee shall use and occupy ~~the Demised~~ said Premises for the ~~commercial~~ sole and exclusive purpose of ~~____________________________________________________________ [Description~~ constructing, operating and maintaining a public access bicycle, pedestrian trail and associated improvements substantially in accordance with the schematic plan and narrative (together, the “Trail Plan”) attached to this Lease as “Exhibit B”. Lessee shall respond to ODOT-Rail’s and Railroad’s reasonable inquiries regarding the use or condition of ~~commercial purpose]~~ the Premises, and ~~related activities~~ODOT-Rail or the Railroad may enter the Premises at reasonable times to check on same. ~~The Demised~~ This Lease is subject to an exclusive easement upon the Rail Line Corridor, as more particularly described in that certain Rail Service Easement dated November 25, 1997 between Burlington Northern and Santa Fe Railway Company and the Portland & Western Railroad, Inc., and on file with ODOT-Rail (the “Easement”). Railroad’s Easement upon the Rail Line Corridor is prior to and superior to Lessee’s interest in the Premises, and includes the rail facilities, tracks, bridges, culverts, road crossings and signal systems. By executing this Lease, Railroad consents to Lessee’s use of the Premises subject to all terms and conditions hereof. Lessee’s use of the Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not ~~do or permit anything to be done in or about the Demised Premises which will in any way obstruct or~~ materially interfere with the rights of ~~other tenants~~ the Railroad to operate or ~~occupants~~ develop rail service on the Premises, and Lessee shall not interfere with the reconstruction, maintenance, repair, or use of ~~the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property~~any Railroad facility, ~~as the same~~ drainage ditch, or related facilities which may be ~~amended~~ located upon, over, or beneath the Premises, including the free flow of water therethrough. 2.2 If Railroad shall at any time or from time to ~~time~~time find it necessary to make any changes in its grade, alignment, tracks or other property, or to construct any buildings or other structures upon the Rail Line Corridor. ~~Tenant agrees as follows: (Check all that apply) ☐ I. All loading~~ Lessee shall, upon no less than 180 days’ notice by Railroad, and ~~unloading~~at Lessee’s sole cost and expense, ~~delivery and shipping of goods shall be conducted in~~ make such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking changes in the ~~Demised Premises~~ location or ~~within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in~~ installation of Lessee’s improvements upon the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, which may include the complete removal of Lessee’s improvements, as may be necessary per Railroad’s determination, to conform to the changes or ~~on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio,~~ new construction made or ~~other device shall be used in a manner so as~~ to be ~~heard other than~~ made by ~~persons who are within the Demised Premises without the prior written consent of Landlord~~Railroad. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the ~~Demised~~ ----------------------------- Premises for ~~the commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ general office use and ~~related activities. The Demised Premises shall be used~~ for no other ~~purpose without~~ purposes except with the ~~advance~~ prior written consent of the Landlord. Tenant shall ~~operate~~ be allowed the ~~Demised Premises~~ non-exclusive use of the common tenant areas including, without limitation, lobby, hallways, entryways, restrooms, stairways, elevators (including freight elevators), corridors and sidewalks of the Real Estate owned by Landlord (hereinafter referred to as "Common Areas") in ~~a clean~~ conjunction with and ~~dignified manner and in compliance~~ so as not to interfere with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included the other tenants in the ~~Operating Cost~~building. Tenant shall use the ~~Demised~~ Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the ~~Demised Premises~~Premises or common areas; ~~shall, at Tenant’s expense,~~ shall comply with and obey all ~~applicable~~ laws, regulations, or orders of any governmental authority or agency, directions of the Landlord, including building rules and regulations as changed or modified from time to time by Landlord on reasonable notice to Tenant, all of which are and will be a part of this Lease; shall not do or permit anything to be done in or about the ~~Demised~~ Premises which will in any way obstruct or interfere with the rights of other ~~tenants~~ Tenants or occupants of the ~~Real Property~~building or injure or annoy them; and shall ~~comply with all~~ not do or permit anything to be done which will increase the rate of fire insurance upon the building. Landlord shall not be responsible to Tenant for the non- performance by any other Tenant or occupant of the Real Estate of any of the rules and ~~requirements promulgated by Landlord with respect~~ regulations, but agrees to ~~the Real Property, as the same may be amended from time~~ take reasonable measures to ~~time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in~~ assure such ~~areas and through the entrances designated by Landlord~~other Tenant's performance. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Office Lease (Unified Financial Services Inc)

USE AND OCCUPANCY. ~~Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities.~~ (a) The ~~Demised~~ Premises shall be used and occupied only for the Permitted Use described in the Preamble to this Lease and for no other ~~purpose without the advance written consent of Landlord~~use or purpose. Tenant shall ~~operate~~ not use or permit the ~~Demised~~ use of the Premises or any part thereof in ~~a clean~~ any way which would violate any certificate of occupancy for the Building or the Premises, or any of the covenants, agreements, terms, provisions and ~~dignified manner~~ conditions of this Lease, or for any unlawful purposes or in any unlawful manner, or, in the reasonable judgment of any insurer of the Building, cause Landlord's insurance thereon to be canceled; and ~~in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐~~ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit not suffer or permit ~~no waste~~ the Premises or ~~damage~~ any part thereof to ~~the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations,~~ be used in any manner or ~~orders of any governmental authority~~ anything to be done therein or ~~agency; shall not do~~ suffer or permit anything to be ~~done~~ brought into or kept in ~~or about~~ the ~~Demised~~ Premises ~~which will~~ which, in the reasonable judgment of Landlord, shall in any way ~~obstruct~~ impair the character, reputation or appearance of the Building, impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the Premises, or impair or interfere with the ~~rights~~ use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the ~~Real Property; and~~ Building, if any. Tenant shall ~~comply with all the rules and requirements promulgated by Landlord with respect~~ have access to the ~~Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading~~ Building and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises ~~or within __________ feet or any doorway~~twenty-four (24) hours a day, three hundred sixty five (365) days a year. ~~☐ IV. All garbage and refuse~~ (b) If any governmental license or permit (other than the certificate of occupancy required to be obtained by Landlord) shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible required for the proper and lawful ~~disposal~~ conduct of Tenant's business or other activity carried on in the Premises by Tenant and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall at all ~~cooking grease used within~~ times, comply with the ~~Demised Premises~~terms and conditions of each such license or permit. ~~☐ XI.~~ (c) Tenant shall ~~keep all windows~~not store or permit to be used in any way in, ~~window xxxxx, window frames and exterior signs of~~ on or about the Demised Premises ~~clean. ☐ XII. No merchandise~~ any "hazardous materials", which, for the purposes hereof, shall ~~be stored in the Demised Premises except that~~ include any chemical substance, material or waste or component thereof which ~~Tenant~~ is ~~selling in the normal course of business in~~now or hereafter listed, atdefined or regulated as a hazardous or toxic chemical, substance, material or ~~from the Demised Premises. ☐ XIII. No auctions~~ waste or ~~tent sales shall be held within the Demised Premises~~ component thereof by any Federal, State or ~~on or within~~ local environmental laws and regulations promulgated pursuant to any ~~portion~~ of the ~~Real Property~~foregoing including, ~~except with~~ for example at the ~~prior written consent~~ federal level only and without limitation, the Resource Conservation and Recovery Act of ~~Landlord~~1976, 42 U.S.C. 6901, et seq. ~~☐ XIV~~; the Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et seq.; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq.; the Toxic Substances Control Act, 15 U.S.C. 2601, et seq.; the Clean Air Act, 42 U.S.C. 7401, et seq.; the Safe Drinking Xxxxx Xxx, 00 X.X.X. 000x, et seq.; and the Clean Water Act, 33 U.S.C. 1251, et seq. ~~Landlord~~ The foregoing shall ~~have the right~~ not be deemed to prohibit the ~~continued~~ use ~~by Tenant~~ of ~~any unethical or unfair method of business operation, advertising or interior display if,~~ customary office supplies and equipment in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activitiesquantities reasonably necessary for Tenant's Permitted Use. ~~☐ XV.~~ (d) Landlord agrees to indemnify and hold harmless the Tenant ~~shall keep the Demised Premises~~ from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (~~including~~ including, without limitation, ~~exterior and interior portions of all windows, doors~~ any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the Lease Term from or in connection with the presence or suspected presence of Hazardous Substances in or on the Premises, unless the Hazardous Substances are present as a result of negligence, willful misconduct of other ~~glass) in a neat~~acts of Tenant, ~~clean and sanitary condition~~Tenant's agents, ~~free of all insects~~employees, ~~rodents, vermin and pests of every type and kind. ☐ XVI~~contractors or invitees. ~~Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because~~ Without limitation of the ~~emission of noise~~foregoing, ~~smoke, dust or odors. ☐ XVII. Tenant~~ this indemnification shall ~~keep the entry ways~~ include any and ~~sidewalk/walkway in front~~ all costs incurred due to any investigation of the ~~Demised Premise clear~~ site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision, unless the Hazardous Substances are present as a result of negligence, willful misconduct or other acts of Tenant, Tenant's agents, employees, contractors or invitees. This indemnification shall spcifically include any and all ~~debris~~costs due to Hazardous Substances which flow, ~~trash and litter~~diffuse, ~~and shall keep~~ migrate or percolate into, onto or under the ~~same swept, maintained and snow and ice removed therefrom~~Premises after the Lease Term Commences.

Appears in 1 contract

Samples: Lease Agreement (Infocrossing Inc)

USE AND OCCUPANCY. The Unit will be used solely for the purpose of Tenant’s residence and shall be occupied only by the following person: Xxxxx Xxxxxxxxxx and immediate family. No other person may stay overnight in the Unit more than five (5) consecutive days nor more than a total of four (4) days in any thirty (30) day period without Landlord’s prior written consent (which may be granted or withheld in Landlord’s sole and absolute discretion). Tenant shall not use ~~and occupy~~ or allow the ~~Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall~~ Unit to be used for ~~no other purpose without the advance written consent of Landlord.~~ any disorderly or unlawful purposes or in any manner offensive to others, and Tenant shall ~~operate~~ comply with the ~~Demised Premises in a clean and dignified manner and in compliance with~~ Master Declaration, all applicable laws, ordinances, covenants and rules and regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall ~~use the Demised Premises for no unlawful purpose~~ not replace any flooring, redecorate, remodel or ~~act; shall commit or permit no waste or damage~~ make any structural changes to the ~~Demised Premises; shall~~Unit, ~~at Tenant’s expense~~nor shall Tenant remove or replace any fixtures on or from the Unit. In the event Tenant elects to paint the interior walls, ~~comply with~~ ceilings, and/or doors of the Unit, no prior approval from Landlord shall be required, provided, however, Tenant shall repaint the Unit so that the interior walls, ceilings, and/or doors are in substantially the same color and ~~obey all applicable laws, regulations, or orders~~ condition upon the termination of ~~any governmental authority or agency;~~ Lease as they were on the Commencement Date. Tenant shall not do damage, destroy or commit waste on the Unit, nor permit ~~anything~~ any other person to damage, destroy or commit waste on the Unit. Under no circumstances shall Tenant drill into or other xxxxxx the window wall system. No nails, screws or adhesive hangers except standard picture hooks, shade brackets and curtain rod brackets may be ~~done~~ placed in walls, ceilings, woodwork or ~~about the Demised Premises which will in~~ any ~~way obstruct or interfere with the rights of other tenants or occupants~~ part of the ~~Real Property;~~ Unit, and all such picture hooks, shade brackets and curtain rod brackets shall ~~comply with all~~ be removed upon the ~~rules~~ termination of the Lease, and ~~requirements promulgated by Landlord with respect~~ the Unit returned the condition that existed prior to the ~~Real Property, as the same may be amended from time to time~~installation of said items. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ IIPETS OR ANIMALS. No ~~window coverings, such as curtains, blinds~~ pet or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse animal shall be kept in the ~~size~~ Unit unless the “Pet Exhibit” is executed and ~~kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property~~attached to this Agreement. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of _________~~__________________________________________________~~_ ~~[Description of commercial purpose]~~ and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one) ☐~~ Tenant shall provide its own janitorial services~~. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost~~. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time~~. Tenant agrees as follows: (Check all that apply)~~. ~~☐ I.~~ i. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ~~☐ II~~ii. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ~~☐ III~~iii. No smoking in the Demised Premises or within __________ feet or of any doorway. ~~☐ IV~~iv. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ~~☐ V.~~ v. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ~~☐ VI~~vi. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ~~☐ VII~~vii. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ~~☐ VIII~~viii. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ~~☐ IX~~ix. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ~~☐ X.~~ x. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ~~☐ XI~~xi. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ~~☐ XII~~xii. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ~~☐ XIII~~xiii. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ~~☐ XIV~~xiv. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ~~☐ XV~~xv. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ~~☐ XVI~~xvi. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ~~☐ XVII~~xvii. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________ [Description of commercial purpose]~~ office space and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ~~☐ V.~~ II. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ~~☐ VI~~III. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ~~☐ VII~~IV. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ~~☐ VIII.~~ V. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ~~☐ IX~~VI. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ~~☐ XI~~VII. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ~~☐ XII~~VIII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ~~☐ XIII~~IX. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ~~☐ XIV.~~ X. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities.continued ~~☐ XV~~XI. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ~~☐ XVI~~XII. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ~~☐ XVII~~XIII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. ~~Tenant shall use~~ It is understood and ~~occupy~~ agreed between the ~~Demised~~ parties that the Leased Premises ~~for~~ during the ~~commercial purpose~~ continuance of ~~____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises~~ this Lease shall be used and occupied for ~~no other purpose without the advance written consent of Landlord~~office, warehouse, distribution and manufacturing in connection with Tenant's business. Tenant ~~shall operate~~ agrees, at its own expense, to obtain all approvals, certificates, or permits of every kind and nature, including a certificate of occupancy, that may be required in order for Tenant to occupy and use the ~~Demised~~ Leased Premises. Tenant agrees that it will comply with and not use or permit any person to use the Leased Premises or any part thereof for any use or purpose in violation of the laws of the United States, the State of Michigan, the ordinances or other regulations of the municipality in which the Leased Premises is located, or of any other lawful authorities, or the building and use restrictions in effect covering the Leased Premises. During the term of this Lease, Tenant will keep the Leased Premises and every part thereof in a clean and ~~dignified manner~~ wholesome condition and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs generally will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all lawful health and police regulations. Neither Tenant nor its agents, assigns, subtenants, employees or contractors shall cause or permit the use, storage, generation or disposal of (or engage in the business of storing or disposing of) or release or cause the release of any hazardous wastes, petroleum products, contaminants, oils, radioactive or other materials in, under or on the Leased Premises, the removal of which is required or the maintenance of which is regulated, prohibited or penalized by any present and future ordinances, requirements, orders, directives, rules and ~~requirements promulgated by Landlord with respect to~~ regulations of the ~~Real Property~~federal, as state, county and city governments and of any other governmental authorities having appropriate jurisdiction ("Toxic Materials"), and the ~~same may~~ Leased Premises shall at all times be ~~amended~~ kept free from ~~time to time~~any such Toxic Materials. Tenant further agrees ~~as follows: (Check~~ to indemnify and hold Landlord harmless from and against any and all ~~that apply) ☐ I. All loading~~ claims, actions, damages, losses, liabilities and ~~unloading~~expenses, ~~delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings~~including, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited toto attorney's or engineering fees, ~~corridors, all sidewalks~~ incurred by Landlord either as a result of Tenant's breach of the covenants contained in ~~front of, on the side of,~~ this Paragraph 8 or in enforcing the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the foregoing right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activitiesindemnification. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement (Cold Metal Products Inc)

USE AND OCCUPANCY. The demised premises during the term of this Lease shall be occupied for the operating and conducting therein of a full line-off price department store or any other lawful purpose. Tenant shall ~~use~~ at all times conduct its operations on the demised premises in a lawful manner and ~~occupy~~ shall, at Tenant's expense, comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the ~~Demised Premises~~ business of Tenant and the use, occupancy or alteration of the demised premises. Tenant shall comply with all requirements of the Americans with Disabilities Act, and shall be solely responsible for all alterations within the ~~commercial purpose~~ demised premises in connection therewith. Tenant covenants and agrees that the demised premises shall not be abandoned or left vacant and that only minor portions of ~~____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises~~ the demised premises shall be used for ~~no other purpose without~~ office or storage space in connection with Tenants business conducted in the ~~advance written consent of Landlord~~demised premises. Tenant ~~shall operate~~ further covenants and agrees that the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods demised premises shall be ~~conducted in such areas~~ continuously used and ~~through~~ operated, occupied and open for business for the ~~entrances designated by Landlord. ☐ II~~use permitted herein from at least 9 am. ~~No window coverings, such~~ to at least 5 p.m. of each business day during the term hereof or otherwise as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved reasonably determined by Landlord. In the event Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as fails to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of continuously operate its business ~~in, at, or~~ from the ~~Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property~~demised premises in accordance with this Section 18, ~~except with the prior written consent of Landlord. ☐ XIV.~~ then Landlord shall have the right ~~to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if~~and option, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and addition to all other ~~glass~~remedies set forth in this Lease, to elect to terminate this Lease if such failure to operate continues for thirty (30) ~~in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind~~or more consecutive days. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement (Value City Department Stores Inc /Oh)

USE AND OCCUPANCY. Tenant ~~shall~~ covenants with Landlord: (a) not to use ~~and occupy~~ the ~~Demised~~ Leased Premises for any purpose other than for general administrative office, and other related uses consistent with the ~~commercial purpose~~ use of ~~____________________________________________________________ [Description~~ general office premises located in the Building and in other Class A office buildings (the “Permitted Use”), which may include the installation and use of ~~commercial purpose]~~ a file server room containing computer and ~~related activities. The Demised Premises shall be~~ other telecommunications equipment that is consistent with file server rooms, computer and other telecommunications equipment commonly located and used in other premises leased for general office use in the Building and in other Class A office buildings, and for no other use or purpose ~~without the advance written consent of Landlord.~~ whatsoever, and Tenant shall ~~operate~~ ensure that such use shall be consistent with the ~~Demised Premises in a clean~~ character of the Property and ~~dignified manner and in compliance~~ compatible with ~~all applicable laws~~the other uses of the Property; Waste (b) not to commit, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit ~~no waste~~ persons under its control to commit, any waste, injury or damage to the ~~Demised~~ Leased Premises including the Leasehold Improvements (as defined in Schedule “F”) and any trade fixtures therein; Nuisance, etc. (c) not to cause or permit persons under its control to cause anything upon or in respect of the Leased Premises any nuisance or menace to Landlord, other tenants of the Property or occupants of adjoining and/or neighboring lands and premises. Without limiting the foregoing, neither Tenant nor persons under its control shall: keep in, on or around the Leased Premises any animals, birds or other pets other than legally authorized assistance animals; or permit vibration, noise, odors, fumes, dust or vapors to be experienced outside of the Leased Premises; or engage in indecent or pornographic matters. Tenant shall conduct its business and control its employees and invitees so as not to create any nuisance or unreasonably interfere with other tenants or users of the Property or with Landlord in its management of the Property. Overloading of Floors (d) not to bring upon the Leased Premises or any part thereof, any machinery, equipment, article or thing that by reason of its weight, size, or use might, in the opinion of Landlord, acting reasonably, damage the Leased Premises or the Building or overload the floors of the Leased Premises, and that if any damage is caused to the Leased Premises or the Building by any machinery, equipment, article or thing or by overloading, or by any act, neglect or misuse on the part of Tenant, or any of its servants, agents, employees, contractors, invitees or by any person having business with Tenant, Tenant shall, at Landlord’s option, either repair the damage or reimburse Landlord for the cost of repairing the damage and remove such machinery, equipment, article or thing or cause the floor to be re-enforced in a manner acceptable to Landlord at Tenant’s cost and expense~~, comply with and obey all applicable laws, regulations,~~ ; Overloading (e) not to install or ~~orders of~~ use any ~~governmental authority~~ equipment which would exceed or ~~agency; shall not do or permit anything to be done in or about~~ overload the ~~Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants~~ capacity of the ~~Real Property;~~ utility facilities servicing the Leased Premises or the Building, and ~~shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time.~~ Tenant agrees ~~as follows: (Check all~~ that ~~apply) ☐ I. All loading and unloading~~if any equipment installed or used by Tenant shall require additional utility facilities, ~~delivery and shipping~~ then the installation of ~~goods shall be conducted in~~ such ~~areas and through the entrances designated by Landlord. ☐ II. No window coverings~~additional utility facilities, ~~such as curtains, blinds or shades~~if available, shall be ~~placed on the windows of Demised Premises unless~~ subject to Landlord’s prior written approval (which approval may be withheld in Landlord’s sole and absolute discretion), and if approved by Landlord shall be installed at Tenant’s sole cost and expense in accordance with plans and specifications approved by Landlord.; Population Density ~~☐ III. No smoking~~ (f) The population density within the Leased Premises as a whole shall at no time exceed one person for every 150 rentable square feet in the ~~Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord~~Leased Premises. Tenant shall not ~~burn~~ use any ~~trash or garbage in or about~~ substantial portion of the ~~Real Property. ☐ V. No aerial~~Leased Premises for a “call center”, ~~loudspeaker, satellite dish, sound amplifier, equipment, displays~~any other telemarketing use, or ~~advertising shall be erected on~~ any credit processing use. Facilities (g) not to use the ~~roof or exterior walls of~~ plumbing facilities (if any) in the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Leased Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the ~~back~~ Common Areas and Facilities of the ~~Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used~~ Property for any other purpose ~~other~~ than that for which they are ~~constructed~~designed, and no ~~foreign substance~~ sweepings, rubbish, rags or other unsuitable material of any kind shall be thrown therein, ; and the expense of any breakage, ~~stoppage,~~ stoppage or damage resulting from a violation of this provision shall be borne by Tenant~~. Tenant shall be responsible for~~ , payable to Landlord on demand; Refuse (h) not to use any outside garbage or other containers or allow any ashes, refuse, garbage or other loose or objectionable material to accumulate in or about the ~~proper~~ Leased Premises or the Property, and ~~lawful disposal of~~ will at all ~~cooking grease used within~~ times keep the ~~Demised Premises.~~Leased Premises in a clean and tidy condition; Compliance ~~☐ XI. Tenant shall keep~~ (i) to comply at its own expense with all ~~windows~~governmental laws, ~~window xxxxx~~regulations and requirements from time to time, ~~window frames~~ including the ADA, that pertain to (i) the Leased Premises or the occupation and ~~exterior signs~~ use thereof, (ii) the condition of the ~~Demised~~ Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of Tenant therein and (iii) the making by Tenant of any repairs, replacements, alterations, additions, changes or improvements therein. Tenant’s obligation to comply with the foregoing shall exclude structural alterations or replacements to the Building shell unless such alterations or repairs are necessitated by Tenant’s particular use of the Leased Premises ~~clean. ☐ XII~~including without limitation alterations made by or on behalf of Tenant. ~~No merchandise~~ Landlord shall ~~be stored in~~ perform all structural alterations or replacements to the ~~Demised Premises~~ Building shell as required by governmental laws, regulations and requirements except ~~that~~ for any such alterations or replacements for which Tenant is ~~selling~~ responsible pursuant to the immediately preceding sentence; Environmental (j) To comply with requirements imposed on Tenant pursuant to Schedule “E1” attached to this Lease; Regulations (k) to observe and perform, and to use commercially reasonable efforts to cause its employees, agents, contractors, invitees and others over whom Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Schedule “E” hereto, and such further and other reasonable rules and regulations and amendments and additions thereto as may hereafter be made by Landlord and notified in writing to Tenant, except that no change or addition may be made that is inconsistent with this Lease unless as may be required by governmental regulation or unless Tenant consents thereto. The imposition of such Rules and Regulations shall not create or imply any obligation of Landlord to enforce them or create any liability of Landlord for their non-enforcement or otherwise. Notwithstanding the foregoing, Landlord agrees that it will not discriminate against Tenant in the ~~normal course~~ enforcement of ~~business in~~such Rules and Regulations; Insurance Risks (l) not to do, atomit or permit to be done or omitted to be done upon the Property anything which would cause to be increased Landlord’s cost of insurance or the costs of insurance of another tenant of the Property against perils as to which Landlord or such other tenant has insured or which shall cause any policy of insurance on the Property to be subject to cancellation; and (m) not to erect or install any exterior or interior window or door signs or advertising media or window or door lettering, or ~~from~~ any signs, placards or advertising on the ~~Demised Premises. ☐ XIII. No auctions~~ exterior of the Leased Premises or ~~tent sales shall be held~~ within the ~~Demised~~ Leased Premises ~~or on or within any portion~~ that can be viewed from outside of the ~~Real Property, except with~~ Leased Premises without the prior written consent of ~~Landlord. ☐ XIV~~Landlord (which may be withheld by Landlord is its sole and absolute discretion). Any sign(s) or other matter which Tenant may install in or about the Leased Premises with the approval of Landlord shall ~~have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if,~~ be maintained in ~~Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony~~ good condition and in compliance with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litterapplicable laws, and shall ~~keep~~ be removed at the ~~same swept~~expiration or earlier termination of the Term, ~~maintained~~ and ~~snow~~ Tenant shall restore the area where the sign or other matter was mounted to its original condition prior to such installation. Alterations (n) to perform or install any alterations or improvements to the Leased Premises in compliance with the terms of this Lease and ~~ice removed therefrom~~Schedule “F” and Schedule “F-1” attached hereto and incorporated herein by this reference.

Appears in 1 contract

Samples: Lease Agreement (American Caresource Holdings, Inc.)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________ [Description of commercial purpose]~~ general office and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐~~ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating ~~Cost~~Expense. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. ~~Tenant~~ Txxxxx agrees as follows~~: (Check all that apply)~~: ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within ~~__________~~ twenty (20) feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window ~~xxxxx~~sxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or ~~within~~ with in any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement (Syra Health Corp)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________ [Description of commercial purpose]~~ and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one) ☐~~ Tenant shall provide its own janitorial services~~. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost~~. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time~~. Tenant agrees as follows: (Check all that apply)~~. ~~☐ I.~~ i. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ~~☐ II~~ii. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ~~☐ III~~iii. No smoking in the Demised Premises or within ~~__________~~ feet or of any doorway. ~~☐ IV~~iv. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ~~☐ V.~~ v. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ~~☐ VI~~vi. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ~~☐ VII~~vii. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ~~☐ VIII~~viii. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ~~☐ IX~~ix. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ~~☐ X.~~ x. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ~~☐ XI~~xi. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ~~☐ XII~~xii. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ~~☐ XIII~~xiii. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ~~☐ XIV~~xiv. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ~~☐ XV~~xv. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ~~☐ XVI~~xvi. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ~~☐ XVII~~xvii. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________~~ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one)~~ ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within ~~__________~~ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. . ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. ~~Tenant~~ The demised premises during the term of this Sublease shall ~~use and occupy the Demised Premises~~ be occupied for the ~~commercial~~ operating and conducting therein of a retail shoe store or any other lawful retail purpose in accordance with the terms of ~~____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises~~ the Master Lease Sublessee shall ~~be used for no other purpose without~~ at all times conduct its operations on the ~~advance written consent of Landlord. Tenant shall operate the Demised Premises~~ demised premises in a ~~clean and dignified~~ lawful manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at ~~Tenant~~Sublessee’s expense, comply with ~~and obey~~ all ~~applicable~~ laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental authorities, now in force or ~~orders~~ which may hereafter be in force, which shall impose any duty upon Sublessor or Sublessee with respect to the business of ~~any governmental authority~~ Sublessee and the use, occupancy or ~~agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants~~ alteration of the ~~Real Property; and~~ demised premises. Sublessee shall comply with all requirements of the ~~rules~~ Americans with Disabilities Act, and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be ~~conducted~~ solely responsible for all alterations within the demised premises in ~~such areas~~ connection therewith. Sublessee covenants and ~~through~~ agrees that the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant demised premises shall not ~~burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall~~ be ~~erected on the roof or exterior walls~~ abandoned and that only minor portions of the ~~Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device~~ demised premises shall be used for office or storage space in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or connection with Sublessee’s business conducted in the ~~back of the Demised Premises. ☐ X. The plumbing facilities~~ demised premises. Without being in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation default of this ~~provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~Sublease, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord Sublessee shall have the right to ~~prohibit~~ cease operating (go dark) at any time and for whatever reason after the ~~continued use~~ first (1st) sublease Year. Notwithstanding the foregoing, Sublessee’s right to vacate (go dark), shall not release or excuse the Sublessee from any obligations or liabilities, including the payment of Rent and other charges, under this Sublease without the express written consent of Sublessor. In the event Sublessee fails to operate for one hundred twenty (120) or more consecutive days, Sublessor shall have the right, effective upon thirty (30) days prior written notice to Sublessee, to terminate the Sublease as Sublessor’s sole remedy, provided that if Sublessee recommences operating fully stocked in substantially all of the premises within such thirty (30) days, Sublessor’s termination shall be null and void. In the event Sublessee shall cease operating after the first sublease year, Sublessor’s sole remedy on account thereof shall be limited to the right to elect to recapture the premises and terminate the Sublease and to recover from Sublessee the unamortized portion of the costs incurred by ~~Tenant~~ Sublessor in performing Sublessor’s Work. Upon payment thereof by Sublessee, there shall be no further liability of the parties hereunder. Such termination shall be effective upon written notice to Sublessee any ~~unethical or unfair method of~~ time prior to Sublessee reopening for business ~~operation~~in the premises. Provided, ~~advertising or interior display if~~however, in ~~Landlord~~the event Sublessor has not so elected to recapture, Sublessee shall have right to notify Sublessor of Sublessee’s ~~opinion, the continued use thereof would impair the reputation~~ intention to reopen for business fully stocked in substantially all of the ~~Real Property as a first class facility or is otherwise out of harmony with~~ premises within sixty (60) days, followed by Sublessee’s actually reopening for business in the ~~general character thereof~~premises within such sixty (60) day period, which notice and ~~upon notice from Landlord~~ actual reopening shall ~~forthwith refrain from or discontinue such activities~~toll Sublessor’s right to recapture. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Retail Ventures Inc)

USE AND OCCUPANCY. (a) Tenant shall use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Use during such times that Tenant may elect, and ~~related activities. The Demised Premises shall be used~~ for no other ~~purpose without the advance written consent of Landlord~~purpose. Tenant shall ~~operate~~ not use or occupy or permit the ~~Demised~~ use or occupancy of any part of the Premises in any manner not permitted hereunder, or which in Landlord’s reasonable judgment would adversely affect, in any material respect (i) any services required to be furnished to any tenant or other occupant of the Building, (ii) the use and occupancy of any part of the Building by any other tenant or other occupant, or (iii) the exterior appearance or reputation of the Building. (b) In connection with and ancillary to the primary use of the Premises for the Permitted Uses, Tenant may, at Tenant’s expense and subject to the provisions of this Lease and applicable Laws, use certain portions of the Premises, for Tenant’s own business requirements only, as a pantry for use solely by Tenant and its invitees, which may contain reheating but not cooking equipment, including items such as a microwave, coffee maker, sink, ice maker, vending machines, tables and chairs, dishwasher, hot water heater and refrigerator. In addition, Tenant may, subject to the provisions of this Lease and applicable Laws, use certain portions of the Premises as (i) private lavatories (including shower facilities), (ii) employee lounges and recreation areas, including exercise rooms or areas, and (iii) the Permitted Data Center. All of the foregoing uses shall be upon and subject to the satisfaction of the following conditions (A) no cooking or other preparation of food (other than the reheating of food by microwave and the preparation of beverages) shall be done in any such pantry, (B) no food or beverages will be kept or served in the Premises in a manner or under any conditions that result in fumes or odors being emitted from, or detectable outside of, the Premises, (C) Tenant will keep such portion or portions of the Premises in a clean and ~~dignified manner~~ sanitary condition and ~~in compliance with all applicable laws, regulations, rules~~free of refuse and vermin (including the use of extermination services whenever required), and ~~ordinances. Janitorial Services~~ (~~Check one~~D) ☐ Tenant will keep the plumbing and sanitary systems and installations serving such portion or portions of the Premises to the points they connect with the main vertical risers and stacks of the Building in a good state of repair and operating condition. (c) Tenant shall ~~provide~~ not directly or indirectly, by operation of law, or otherwise, assign or otherwise transfer its ~~own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall~~ rights to use the ~~Demised Premises for no unlawful purpose~~ Permitted Data Center, the Call Center or ~~act; shall commit~~ the Production Studio, or permit ~~no waste~~ any Person (including a permitted subtenant, except as otherwise expressly provided herein), other than Tenant, to use the Permitted Data Center, the Call Center or ~~damage to~~ the ~~Demised Premises; shall~~Production Studio. Notwithstanding the foregoing, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of containerif pursuant to, and in ~~a location approved by Landlord. Tenant~~ accordance with, Article 14 of this Lease, (i) this Lease is assigned, then such assignment shall ~~not burn any trash or garbage~~ include Tenant’s right to use portions of the Premises for the Permitted Data Center, the Call Center and/or the Production Studio, in ~~or about~~ accordance with, and subject to, the ~~Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays~~applicable provisions of this Lease, or ~~advertising shall be erected on~~ (ii) if the ~~roof or exterior walls~~ Permitted Data Center and/or the Production Studio, together with other portions of the ~~Demised Premises~~Premises (excluding the Permitted Data Center, ~~or on other areas of~~ the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, Production Studio and the ~~expense of~~ Call Center), is sublet to any ~~breakage~~single Person, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord then such Person shall have the right to ~~prohibit~~ use the ~~continued~~ Permitted Data Center and/or the Production Studio (to the extent same are included in the sublet premises) in accordance with, and subject to the applicable provisions of this Lease, or (iii) if the Call Center, together with at least 20,000 Rentable Square Feet of other portions of the Premises (excluding the Permitted Data Center and the Production Studio), is sublet to any single Person, then such Person shall have the right to use the Call Center in accordance with, and subject to the applicable provisions of this Lease. Tenant acknowledges and agrees that the right to use portions of the Premises for the Permitted Data Center, the Call Center and the Production Studio are granted exclusively for the enjoyment of Tenant and, to the extent expressly provided herein, certain permitted subtenants, and for no other Person. (d) To the extent that any insurance premium payable by ~~Tenant~~ Landlord is increased as a result of the use, occupancy or operation of any ~~unethical~~ portion of the Premises for the Permitted Data Center, the Call Center or ~~unfair method~~ the Production Studio, Tenant shall pay to Landlord, as Additional Rent, the amount of such increase(s) within thirty (30) days after Landlord’s demand therefor from time to time; provided, however, that if other tenants or other occupants in the Building are also using portions of their premises for or as a Permitted Data Center, a Call Center and/or a Production Studio (or similar uses), and as a result thereof the same insurance premium payable by Landlord is increased, Tenant shall be obligated to pay only a portion of such increase as equitably and reasonably determined by Landlord. If, and to the extent that, Landlord’s insurance policies for the Building will not include, or exclude, liability and damage relating to the such uses, Tenant shall not be permitted to use the Premises for such uses unless Landlord is able, after using commercially reasonable efforts, to obtain such coverage from another reputable insurance company reasonably acceptable to Landlord, in which event Tenant shall pay to Landlord, as Additional Rent, the entire premium for such coverage (in the event such coverage is provided for in an insurance policy that is separate from Landlord’s other insurance policies) or the incremental cost of the premium for such coverage over what Landlord had been previously been paying (as adjusted from time to time over what Landlord would otherwise be paying) (in the event such coverage is provided for in an insurance policy that is not separate from Landlord’s other insurance policies), in either case within thirty (30) days after Landlord’s demand therefor from time to time, subject to the apportionment set forth in the preceding sentence. (e) In addition to Rule and Regulation No. 9 of this Lease, Tenant covenants and agrees that at no time shall noise or other sounds (including music, public address systems and advertisements emanating from the Premises or generated or created by the use or occupancy of any portion of the Premises or the conduct or operation of business ~~operation, advertising or interior display if, in Landlord’s opinion,~~ therein) be audible from outside the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including ~~without limitation, exterior and interior~~ the portions of ~~all windows~~the Building outside of the Premises). In connection with the use of a portion of the Premises as the Production Studio or otherwise, ~~doors~~ under no circumstances shall any business be conducted in, at or from the Premises, or in, at or from any location outside the Premises, which invites, solicits, encourages or entices the general public to visit the Premises, and ~~all other glass) in~~ no production or broadcasting shall be conducted before a ~~neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind~~live audience. ~~☐ XVI.~~ Section 3.2 Tenant shall not use or permit the Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, or as a retail stock broker’s or dealer’s office, (c) for the storage of significant quantities of merchandise, (d) for the distribution, by mail-order, electronically, or otherwise, of merchandise originating at or shipped from the Premises, (e) as a restaurant or bar or for the sale of food or beverages, (f) as a news or cigar stand, (g) as an employment agency, labor union office, school (other than for training programs, for Tenant’s employees and customers only, that are ancillary to Tenant’s Permitted Use), physician’s or dentist’s office, dance or music studio, (h) as a bxxxxx shop or beauty salon, (i) for the onsite sale, at retail or otherwise, of any goods or products (Landlord and Tenant agreeing that onsite sales shall include sales of goods and products that are to be shipped from the Premises, but shall not include sales that are solicited from the Premises via broadcasts from the Production Studio, transmissions through the Permitted Data Center, or telephone calls from the Call Center, where the goods or products are shipped from an offsite location), (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of on-site medical, dental or other therapeutic or diagnostic services (as opposed to the rendering of advice or other information via a medium that may emanate from the Premises but does not involve the rendition of any services in the Premises), (l) for the conduct of an onsite auction (Landlord and Tenant agreeing that onsite auctions shall include auctions that are held offsite but where the auctioned items are to be shipped from the Premises, but shall not include auctions that are held in the Premises via broadcasts from the Production Studio, transmissions through the Permitted Data Center, or telephone calls from the Call Center, where the auctioned items are shipped from an offsite location), or (m) except for the use of a portion of the Premises for the Permitted Data Center in accordance with, and subject to, the applicable provisions of this Lease, for the installation, operation and maintenance of a data center or any switching, electronic, optronic and transmission equipment and facilities in connection with the operation of a telecommunications, web hosting or colocation business (other than for web hosting that is solely in connection with the business of Tenant (or any other permitted occupant of the Premises that is an Affiliate of Tenant) being conducted in the balance of the Premises (excluding the Permitted Data Center, the Call Center and the Production Studio). Section 3.3 Tenant agrees that the value of the Premises and the Building and the reputation of Landlord will be seriously injured if any portion of the Premises is used for any obscene or pornographic purposes or any sort of commercial sex establishment. Tenant agrees that Tenant will not bring or permit any obscene or pornographic material on or in the Building or the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litterPremises, and shall ~~keep~~ not permit or conduct any obscene, nude, or semi-nude live performances on or in the ~~same swept~~Building or the Premises, ~~maintained and snow and ice removed therefrom~~nor permit the use of any portion of the Building or the Premises for nude modeling, rap sessions, or as a so called rubber goods shops, or as a sex club of any sort, or as a “massage parlor.” Tenant agrees further that Tenant will not permit any of these uses by any Tenant Party. Pornographic material is defined for purposes of this Section as any written or pictorial matter with prurient appeal or any objects or instruments that are primarily concerned with lewd or prurient sexual activity. Obscene material is defined here as it is in New York State Penal Law §235.00.

Appears in 1 contract

Samples: Lease Agreement (WebMD Health Holdings, Inc.)

USE AND OCCUPANCY. ~~Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities.~~ a. The ~~Demised~~ Premises shall be used solely for the purposes specified in Item 12 of the BLI, and for no other purpose without ~~the advance~~ Landlord's prior written ~~consent of Landlord~~consent. Tenant shall ~~operate~~ comply with all regulations adopted from time to time by Landlord governing signs, advertising material and lettering, including building, free-standing, pylon or other signs. No other sign or advertising media is permitted without Landlord's prior written consent. b. Tenant shall use, maintain and occupy the ~~Demised~~ Premises in a ~~clean~~ careful, safe and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Costproper manner. Tenant shall ~~use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall~~not do, ~~at Tenant’s expense~~bring, ~~comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do~~ keep or permit anything ~~to be done~~ in or about the ~~Demised~~ Premises (1) prohibited by law, statute, or ordinance or governmental rule or regulation now or hereafter enacted or by any fire or liability insurance policy; (2) which increases the existing rate or which cancels or otherwise affects any insurance covering the Premises or any part thereof or its contents; (3) which causes a stress on the floor or any other portion of the Premises in excess of that which it is designed to bear; (4) which will in any way obstruct or interfere with the rights of tenants of adjacent property of annoy them; (5) which is improper, immoral, unlawful or objectionable; or (6) which constitutes waste or a nuisance or menace to Landlord, other tenants or ~~occupants~~ the owners or tenants of adjacent property. c. Tenant shall not, without Landlord's prior written consent, (1) advertise any distress, fire, bankruptcy, liquidation, relocation or going out of business sale; (2) install or permit the installation in the Premises of any pinball, video or gaming machines or other devices or equipment for amusement or recreation; (3) install or permit the installation in the Premises of vending machines, newspaper racks, pay telephones or other coin-or-token-operated devices, except for the exclusive use of Tenant's employees; (4) use or permit the use of the ~~Real Property; and shall comply with all~~ Premises for the ~~rules and requirements promulgated by Landlord with respect to the Real Property~~sale or display of pornography, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet drug-oriented paraphernalia or any ~~doorway. ☐ IV. All garbage and refuse shall be kept in~~ goods and/or services; or (5) use the ~~size and kind~~ name or logo of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than ~~that for which they are constructed~~as the address of Tenant's business nor do or permit anything in connection with Tenant's business or advertising which, in the reasonable judgment of Landlord, may reflect unfavorably on Landlord or confuse or mislead the public as to any apparent connection or relationship between Landlord and ~~no foreign substance~~ Tenant. d. Tenant shall, at its expense and at all times, comply with (1) all laws, ordinances and regulations affecting the Premises or otherwise applicable to Tenant's business; (2) the requirements of any ~~kind shall be thrown therein~~board of fire underwriters or other similar body now or hereafter instituted; (3) any order, directive or certificate of occupancy issued pursuant to any law, ordinance or regulation affecting the condition, use or occupancy of the Premises; and ~~the expense~~ (4) any requirements of ~~any breakage, stoppage,~~ structural changes related to or ~~damage resulting from a violation of this provision shall be borne~~ affected by Tenant's acts, occupancy or use of the Premises. Tenant shall ~~be responsible~~ obtain and pay for all permits, including a Certificate of Occupancy, required for Tenant's occupancy of the ~~proper and lawful disposal of all cooking grease used within the Demised~~ Premises~~. ☐ XI~~. Tenant shall ~~keep all windows~~immediately furnish Landlord with a copy of any notice received from any governmental agency, ~~window xxxxx~~insurance company or inspection bureau affecting the Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, ~~window frames~~ whether or not Landlord is a party to such action, shall be conclusive as between Landlord and ~~exterior signs of the Demised Premises clean~~Tenant in establishing such violation. ~~☐ XII. No merchandise~~ e. Tenant shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except faithfully observe and comply with the ~~prior written consent~~ Rules and Regulations attached to this Lease as Exhibit D and, upon delivery of a copy thereof to Tenant, all reasonable modifications and additions thereto from time to time adopted by Landlord~~. ☐ XIV~~. Landlord shall ~~have~~ not be responsible to Tenant for the ~~right~~ non-performance by any other tenant or occupant adjacent to ~~prohibit~~ the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activitiesPremises. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Standard Industrial Lease (Sterigenics International Inc)

USE AND OCCUPANCY. 8.1 Tenant shall use and occupy the ~~Demised~~ Premises for bulk chemical, water treatment and storage facility in connection with battery manufacturing, distributions and research and development operations, and incidental thereto for general office use, all to the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ extent permitted by Legal Requirements (collectively, the “Permitted Use”), and ~~related activities. The Demised Premises shall be used~~ for no other use or purpose whatsoever. Notwithstanding and without limiting the ~~advance written consent of Landlord.~~ foregoing, or anything in this Lease to the contrary, Tenant expressly agrees that it shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall not use the ~~Demised~~ Premises ~~for no unlawful purpose or act; shall commit~~ or permit ~~no waste or damage~~ the Premises to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any ~~purpose other than that for which they are constructed,~~ of the uses or purposes set forth in Exhibit D annexed hereto and ~~no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from~~ made a ~~violation of this provision shall be borne by Tenant~~part hereof (“Prohibited Uses”). Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to ~~prohibit~~ use the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, parking area shown on Exhibit A-1 only and ~~upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV~~no other parking area. Tenant shall ~~keep~~ neither use or occupy, nor permit or suffer, the ~~Demised~~ Premises ~~(including without limitation~~or any part thereof to be used or occupied for any disreputable, ~~exterior and interior portions of all windows~~extra hazardous, ~~doors and all other glass)~~ unlawful illegal business, use or purpose, nor in a ~~neat~~manner as to constitute a nuisance of any kind, ~~clean~~ nor in violation of any present or future Legal Requirements or Insurance Requirements. Immediately upon the discovery of any such unlawful, illegal, disreputable or extra hazardous use, or of any use in violation of this Lease, Tenant shall take all necessary steps, legal and ~~sanitary condition~~equitable, ~~free~~ to discontinue such use or to remove any subtenants, occupants or other persons guilty of ~~all insects, rodents, vermin and pests of every type and kind~~such use. ~~☐ XVI~~8.2 Tenant shall not permit any portion of the Premises to be used by any persons or entities at any time during the Term in such manner as might make possible a claim or claims of adverse use, adverse possession, prescription, dedication or other similar claims of, in, to or with respect to the Premises or any part thereof. 8.3 Tenant shall not enter into or agree to enter into any covenant or declaration, or grant or agree to grant any easement, license, or restriction with respect to the Premises without Landlord’s prior written consent, which consent may be arbitrarily withheld, with or without cause. 8.4 Landlord hereby grants to Tenant a temporary, revocable easement and license for such access to and use of the areas of the Project as reasonably necessary and solely for the purpose of (i) Tenant’s opening for business thereat in accordance with the Permitted Use, and (ii) for any clean-up work to be performed by Tenant which may be required or otherwise desired by Tenant. Such easement and license shall be for a term of one (1) year commencing as of the Commencement Date and expiring on the day before the first anniversary of the Commencement Date, unless sooner terminated as provided herein, or reasonably extended by mutual agreement between the parties in the event Tenant is unable to complete the items set forth in (i) or (ii) above after commercially reasonable efforts to do so. Tenant shall not materially interfere with the use ~~the Demised Premises for any purpose or business which is noxious or unreasonably offensive because~~ and occupancy of the ~~emission of noise~~Project (other than the Premises) by Landlord, ~~smoke~~its agents, ~~dust or odors. ☐ XVII. Tenant shall keep the entry ways~~ employees and/or contractors and ~~sidewalk/walkway in front~~ other tenants of the ~~Demised Premise clear of~~ Project. In the event that Tenant materially interferes with Landlord’s or any other tenant’s or other occupant’s use or occupancy thereof, Landlord shall have the right, in addition to all ~~debris~~other rights and remedies hereunder, ~~trash~~ at law, or in equity, to terminate such temporary easement and ~~litter, and shall keep the same swept, maintained and snow and ice removed therefrom~~license.

Appears in 1 contract

Samples: Lease Agreement (Electro Energy Inc)

USE AND OCCUPANCY. The Tenant ~~shall~~ covenants with the Landlord: Use (a) Not to use ~~and occupy~~ the ~~Demised~~ Leased Premises for any purpose other than an office for the ~~commercial purpose~~ conduct of ~~____________________________________________________________ [Description of commercial purpose]~~ the Tenant’s business which is general office use, and ~~related activities. The Demised Premises~~ such use shall be ~~used for no~~ consistent with the character of the Property and compatible with the other ~~purpose without~~ uses of the ~~advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws~~Property; Waste, ~~regulations~~Nuisance, ~~rules~~Etc. (b) Not to commit, ~~and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties~~or permit, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste any waste, injury or damage to the ~~Demised Premises~~Property including the Leasehold Improvements and any trade fixtures therein, any loading of the floors thereof in excess of the maximum degree of loading as determined by the Landlord acting reasonably, any nuisance therein or any use or manner of use causing annoyance to other tenants and occupants of the Property or to the Landlord; ~~shall~~Insurance Risks (c) Not to do, omit or permit to be done or omitted to be done upon the Property anything which would cause to be increased the Landlord’s cost of insurance or the costs of insurance of another tenant of the Property against perils as to which the Landlord or such other tenant has insured or which shall cause any policy of insurance on the Property to be subject to cancellation; Compliance with Law (d) To comply at ~~Tenant’s expense~~its own expense with all governmental laws, regulations and requirements pertaining to the occupation and specific use of the Leased Premises (other than for a general office use), the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or improvements therein; Environmental Compliance (i) To conduct and maintain its business and operations at the Leased Premises so as to comply in all respects with common law and ~~obey~~ with all present and future applicable federal, provincial/state, local, municipal, governmental or quasi-governmental laws, by-laws, rules, regulations, licenses, orders, guidelines, directives, permits, decisions or ~~orders~~ requirements (collectively, “Applicable Law” and/or “applicable law”) concerning occupational or public health and safety or the environment and any order, injunction, judgment, declaration, notice or demand issued thereunder (collectively, “Environmental Law”) with regard to Tenant’s use and occupancy of the Leased Premises in the Building; and (ii) Not to permit or suffer any ~~governmental authority~~ substance which is hazardous or ~~agency; shall not do~~ is prohibited, restricted, regulated or ~~permit anything~~ controlled under any Environmental Law to be ~~done in~~ present at, on or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Leased Premises, ~~or on other areas of the Real Property without~~ unless it has received the prior written consent of the Landlord., which consent may be arbitrarily withheld. Notwithstanding the foregoing, the Tenant may handle, store, use or dispose of products containing small quantities of hazardous materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Leased Premises for general office purposes; provided that the Tenant shall always handle, store, use, and dispose of any such hazardous materials in a safe and lawful manner and never allow such hazardous materials to contaminate the Leased Premises, Building and appurtenant and or the environment; and Rules and Regulations ~~☐ VI~~(f) To observe and perform, and to cause its employees, invitees and others over whom the Tenant can reasonably be expected to exercise control to observe and perform, the Rules and Regulations contained in Schedule “E” attached hereto, and such further and other reasonable rules and regulations and amendments and additions therein as may hereafter be made by the Landlord and notified in writing to the Tenant, except that no change or addition may be made that is inconsistent with this Lease unless as may be required by governmental regulation or unless the Tenant consents thereto. ~~No loudspeaker, television, phonograph, juke~~The imposition of such Rules and Regulations shall not create or imply any obligation of the Landlord to enforce them or create any liability of the Landlord for their non-~~box, radio,~~ enforcement or ~~other device~~ otherwise. The Rules and Regulations shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes generally applicable, and ~~fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or~~ generally applied in the ~~back~~ same manner, to all tenants of the ~~Demised Premises. ☐ X.~~ Building. The ~~plumbing facilities~~ Landlord, at its sole cost and expense (except to the extent properly included in ~~the Demised Premises shall not be used for any purpose other than that for which they are constructed~~Operating Costs), ~~and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant~~ shall be responsible for correcting any violations of applicable laws with respect to the ~~proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs~~ Common Areas of the ~~Demised Premises clean. ☐ XII~~Building. ~~No merchandise shall be stored in~~ Notwithstanding the ~~Demised Premises except that which Tenant is selling in~~ foregoing, the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to ~~prohibit the continued use by Tenant of~~ contest any ~~unethical or unfair method of business operation~~alleged violation in good faith, ~~advertising or interior display if~~including, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, ~~exterior~~ the right to apply for and ~~interior portions~~ obtain a waiver or deferment of ~~all windows~~compliance, ~~doors~~ the right to assert any and all ~~other glass)~~ defenses allowed by applicable law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by applicable law. The Landlord, after the exhaustion of any and all rights to appeal or contest, will make all repairs, additions, alterations or improvements necessary to comply with the terms of any final order or judgment. Notwithstanding the foregoing, the Tenant, not the Landlord, shall be responsible for the correction of any violations that arise out of or in ~~a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for~~ connection with any ~~purpose or business which is noxious or unreasonably offensive because~~ claims brought under any provision of the ~~emission of noise~~Americans with Disabilities Act other than Title III, ~~smoke, dust or odors. ☐ XVII. Tenant shall keep~~ the ~~entry ways and sidewalk/walkway in front~~ specific nature of the ~~Demised Premise clear~~ Tenant’s business in the Leased Premises, the acts or omissions of ~~all debris~~the Tenant, ~~trash~~ its agents, employees or contractors, the Tenant’s arrangement of any furniture, equipment or other property in the Leased Premises, any repairs, alterations, additions or improvements performed by or on behalf of the Tenant and ~~litter, and shall keep~~ any design or configuration of the ~~same swept, maintained and snow and ice removed therefrom~~Leased Premises specifically requested by the Tenant.

Appears in 1 contract

Samples: Lease Agreement (Legalzoom Com Inc)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________ [Description of commercial purpose]~~ and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply)all ~~☐ I.~~ i. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ~~☐ II~~ii. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ~~☐ III~~iii. No smoking in the Demised Premises or within ~~__________~~ feet or of any doorway. ~~☐ IV~~iv. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ~~☐ V.~~ v. No aerial, loudspeaker, ~~satellite dish, sound~~ amplifier, equipment, ~~displays~~display, satellite dish or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ~~☐ VI~~vi. No loudspeaker, television~~, phonograph, juke-box~~, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ~~☐ VII~~vii. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ~~☐ VIII~~viii. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ~~☐ IX~~ix. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ~~☐ X.~~ x. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ~~☐ XI~~xi. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ~~☐ XII~~xii. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ~~☐ XIII~~xiii. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ~~☐ XIV~~xiv. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ~~☐ XV~~xv. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free ~~of all~~ insects, rodents, vermin and pests of every type and kind. ~~☐ XVI~~xvi. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ~~☐ XVII~~xvii. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. ~~Tenant~~ 2.1 Agrarian leases to Lessee, and Lessee leases from Agrarian the Leased Premises upon the conditions and covenants set forth in this Lease. 2.2 Subject to Section 2.12, Lessee shall use and occupy the ~~Demised~~ Leased Premises for the ~~commercial purpose~~ following agricultural purposes: production of ~~____________________________________________________________ [Description of commercial purpose]~~ feed, forage, grains, vegetables, fruit, and non-timber forest products; animal husbandry; and related ~~activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean~~ agricultural purposes that support land and/or community health including agritourism, agri-education, land restoration and ~~dignified manner and in compliance with all applicable laws, regulations, rules~~stewardship, and ~~ordinances~~soil improvement. ~~Janitorial Services (Check one) ☐ Tenant~~ Lessee shall ~~provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in~~ not use or occupy the ~~Operating Cost. Tenant shall use the Demised~~ Leased Premises for no any unlawful ~~purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations~~purpose, or ~~orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will~~ in any ~~way obstruct~~ manner that will constitute Waste (as hereinafter defined) or ~~interfere with the rights of other tenants or occupants of the Real Property; and~~ nuisance. Lessee shall comply with all present and future laws concerning the ~~rules~~ use, occupancy, and ~~requirements promulgated by Landlord~~ condition of the Leased Premises and all machinery and equipment used thereon, all of which shall be complied with ~~respect~~ in a timely manner at Xxxxxx's sole expense. Lessee shall obtain, renew, and provide copies to Lessor, all at Lessee’s sole expense, of all entitlements, permits, and approvals required for Xxxxxx’s use or occupancy of the ~~Real Property~~Leased Premises. Use of the Leased Premises is subject to all covenants, as conditions, and restrictions of record, including any existing conservation easements. 2.3 Subject to Section 2.12, the ~~same may~~ Leased Premises will be ~~amended from time~~ managed to ~~time. Tenant agrees as follows~~achieve some or all of the land objectives described below, including: (~~Check all that apply) ☐ I. All loading~~ 1) soil health, (2) flora, fauna, and ~~unloading~~habitat diversity, ~~delivery~~ (3) sustainable grazing, foraging, and ~~shipping of goods shall be conducted in such areas~~ hay land, (4) a healthy ecosystem, and ~~through the entrances designated by Landlord~~(5) to protect water quality and quantity. ~~☐ II~~2.4 Subject to Section 2.12, portions of the Leased Premises designated as Agricultural Land in the Management Plan or the Pre-Existing Plan will be maintained in sod with the exception of land: (1) used in food production agriculture; (2) planted in cover crop to address soil restoration, improvement, and overall health; (3) used for a land management objective, including forestry and pollinator habitat; (4) managed for agroforestry; and/or (5) that is converted for development or infrastructure as allowed by this Lease. 2.5 Subject to Section 2.12 the Leased Premises will be maintained in Active agricultural and active ecosystem stewardship at all times. ~~No window coverings~~“Active”, ~~such as curtains~~including grace periods to support personal, ~~blinds or shades~~climate, and business considerations, shall be ~~placed on~~ defined in the ~~windows of Demised Premises unless approved by Landlord~~Management Plan or the Pre-Existing Plan. ~~☐ III. No smoking~~ 2.6 Subject to Section 2.12, portions of the Leased Premises designated as Habitat Land in the ~~Demised Premises~~ Management Plan or ~~within __________ feet or any doorway. ☐ IV~~the Pre-Existing Plan will primarily be managed for food and shelter production for wildlife. ~~All garbage~~ Subject to Section 2.12, Lessee obtains use of forest and ~~refuse shall be kept in the size~~ habitat land for rotational grazing and ~~kind of container~~foraging only as long as soil health and compaction are monitored and maintained at appropriate markers as determined through collaboration with Virginia Cooperative Extension, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radioNatural Resources Conservation Services, or other ~~device shall~~ similar organization. 2.7 Subject to Section 2.12 portions of the Leased Premises designated as Wild Land in the Management Plan or the Pre-Existing Plan will be primarily natural and may not be used for any agricultural and/or production purpose. 2.8 Subject to Section 2.12, Xxxxxx agrees to complete appropriate soil tests to establish a baseline for all areas to be actively used. Lessee shall provide copies of all soil tests to Agrarian. Xxxxxx then agrees to complete follow up soil testing on a schedule agreed to between Xxxxxx and Agrarian. 2.9 Subject to Section 2.12, Lessee will adhere to Agrarian Trust Principles and Agrarian Farm, Forest, and Ecosystem Standards, a copy of which have been provided to Lessee, if in existence. 2.10 Notwithstanding the rights to reasonable self-defense from parties or actions posing immediate physical danger to persons or the Leased Premises, subject to Section 2.12, Lessee shall use the Leased Premises in a manner so as not to ~~be heard other than by~~ cause harm to others, including workers, or to support activities that intentionally seek to denigrate, demean, or discriminate against persons ~~who are within~~ on the ~~Demised Premises without the prior written consent~~ basis of ~~Landlord~~race, ethnicity, national origin, familial status, military status, gender identity and expression, sexual orientation, class background or identity, age, ability, or religion. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high 2.11 Subject to ~~prevent freezing~~ this Lease, so long as Lessee performs all of ~~water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas~~its obligations under this Lease, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have Xxxxxx has the right to ~~prohibit~~ not be disturbed in its possession of the ~~continued use~~ Leased Premises by ~~Tenant~~ Agrarian, any management agent contracted by Agrarian, or any other person lawfully claiming a right to possession through or under Agrarian, except for inspection pursuant to Section 10.1. 2.12 The Parties shall, within six (6) months of the Effective Date of this Lease, develop a mutually agreeable management plan (the “Management Plan”) to address the uses permitted and obligations established by this Lease, including agriculture, storage, management objectives, forest, habitat, wild lands, soil testing, Principles, and inclusion described in this Article II. Where any management plan called for by a conservation easement, the Natural Resources Conservation Service, or similar already exists (“Pre-existing Plan”), the Parties may opt to waive the requirement of the Management Plan called for in this Section and instead adopt the Pre-existing Plan. The Management Plan or the Pre-existing Plan shall be incorporated into this Lease as EXHIBIT 4. 2.13 This Lease also includes the right of Lessee to extract groundwater, including drilling xxxxx, and surface water, so long as such water use: (1) is necessary to accomplish the permitted uses herein; (2) is otherwise consistent with this Lease; and (3) complies with all applicable laws. 2.14 Any policy regarding public access to the Leased Premises is to be determined jointly by Xxxxxx and Lessee and included in the Management Plan or Pre-Existing Plan. In the event of any ~~unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion~~conflict with respect to public access between this Lease and any conservation easement, the ~~continued use thereof would impair the reputation~~ terms of ~~the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord~~ any conservation easement shall ~~forthwith refrain from or discontinue such activities~~prevail. ~~☐ XV~~2.15 Whether the plan in force is a Management Plan or a Pre-Existing Plan, it shall be updated at least every Lease Year and shall also be updated upon the occurrence of any significant change of circumstances. ~~Tenant shall keep~~ Absent a significant change of circumstances, this update requirement is not intended to be onerous. If circumstances have changed only minimally, the ~~Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass)~~ update may be limited to brief conference between the parties resulting in a ~~neat, clean~~ brief writing that circumstances have changed only minimally and ~~sanitary condition, free of all insects, rodents, vermin and pests of every type and kind~~the plan in force will continue in force. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________ [Description of commercial purpose]~~ a restaurant, including but not limited to dine-in, takeout, delivery services and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply). ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within ~~__________~~ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. . ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Restaurant Lease Agreement

USE AND OCCUPANCY. A. Tenant shall use and occupy the ~~Demised Premises~~ demised premises solely and exclusively as a concession for the ~~commercial purpose~~ retail sale (the "Permitted Retail Use"), on a non-exclusive basis, to the general public, of ~~____________________________________________________________ [Description of commercial purpose]~~ freshly prepared coffee, soups, fresh or packaged nonalcoholic beverages, continental breakfast items, packaged sandwiches, packaged wraps, packaged salads, packaged cookies, and ~~related activities. The Demised Premises shall be used~~ packaged snacks (collectively, "food items") and for no other purpose whatsoever without Landlord's prior written approval, which Landlord may grant or deny in its sole and absolute discretion. In no event may any alcoholic beverage or tobacco product be sold from the ~~advance written consent~~ demised premises. The presentation and display of ~~Landlord~~the food items by Tenant shall be commensurate with those of the highest quality similar concessions in Manhattan. In addition, throughout the term of this Lease, Tenant agrees to keep the demised premises in a first class good, clean and orderly fashion and insure that its employees wear dignified business attire, which may include kitchen whites. Tenant ~~shall operate~~ acknowledges the ~~Demised Premises in a clean and dignified manner and in~~ continuing right of Landlord to inspect to insure compliance with ~~all applicable laws~~the covenants contained herein. B. Tenant understands, ~~regulations, rules,~~ acknowledges and ~~ordinances. Janitorial Services (Check one) ☐~~ agrees that under no circumstances may any cooking ovens or similar cooking devices be used in the demised premises except that Tenant shall ~~provide its own janitorial services. ☐ As agreed by both parties~~be permitted to maintain and use, ~~Landlord shall provide janitorial services and shared costs will be included in~~ appropriately sized, for the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants size of the ~~Real Property~~demised premises, the following: (i) a microwave oven; (ii) an espresso machine; (iii) coffee grinders; (iv) refrigerators, including an upright display refrigerator; (v) a citrus juice machine; (vi) a vegetable juice machine; (vii) an ice making machine; (viii) coffee brewers; and ~~shall comply with all the rules~~ (ix) electric warming pots. In addition, Tenant understands, acknowledges and ~~requirements promulgated by Landlord with respect to the Real Property, as the same~~ agrees that under no circumstances may ~~be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall~~ any cooking or food preparation be conducted in ~~such areas~~ the demised premises, other than preparing coffee, espresso and juices through the ~~entrances designated~~ use of the equipment listed herein; maintaining soups in the electric warming pots; and preparing sandwiches and related items by ~~Landlord. ☐ II. No window coverings~~microwave oven, ~~such as curtains, blinds or shades,~~ it being agreed that all food products sold shall be ~~placed on~~ created at another location for dispensing from the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlorddemised premises. Tenant ~~shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial~~further understands, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes acknowledges and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than agrees that ~~for which they are constructed, and~~ no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the ~~Real Property~~demised premises may be reserved or used for consumption of the food items, ~~except~~ and that all food items are to be sold from the demised premises for off-premises consumption. C. Tenant acknowledges the continuing right of Landlord to inspect to insure compliance with the ~~prior written consent of Landlord~~covenants contained herein. ~~☐ XIV. Landlord shall have~~ D. Commencing not later than the ~~right to prohibit~~ sixtieth (16th) day following the ~~continued use by Tenant of any unethical or unfair method of business operation~~Rent Commencement Date (the "Outside Opening Date"), advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall (a) continuously and uninterruptedly operate and conduct its business in the entire demised premises; (b) remain open for the transaction of business, at a minimum, from 7 a.m. to 5 p.m., Monday through and including Friday, holidays excepted; (c) adequately staff the demised premises with sufficient personnel to handle the maximum business and carry sufficient superior quality food stocks to accomplish the same; (d) maintain displays of food stocks; (e) keep the ~~Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass)~~ demised premises in a neat, ~~clean~~ clean, sanitary and ~~sanitary~~ safe condition~~, free~~ ; (f) store or stock only such goods as Tenant intends to (and as permitted to pursuant to the terms of ~~all insects, rodents, vermin~~ this Lease) offer for sale at retail; and ~~pests~~ (g) not place any signs anywhere within the demised premises that may be visible from outside of ~~every type and kind~~the demised premises without Landlord's prior written permission. ~~☐ XVI.~~ E. Deliveries to Tenant shall ~~not use~~ be made only during off-peak hours, through the ~~Demised Premises for any purpose or business which is noxious or unreasonably offensive because~~ loading docks of the ~~emission of noise~~Building and in accordance with such rules and regulations as may be prescribed by Landlord in order to, ~~smoke~~inter alia, ~~dust or odors. ☐ XVII. Tenant shall keep~~ maintain the ~~entry ways and sidewalk/walkway in front~~ first class appearance of the ~~Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom~~Building lobby.

Appears in 1 contract

Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. ‌ 10.1 Tenant shall use the ~~Demised~~ Coliseum Plaza Improvements and the balance of the Premises for ~~no unlawful~~ any lawful purpose not inconsistent with the use of the Coliseum for the Coliseum Uses, with it being Tenant's intention to use and operate the Coliseum Plaza Improvements (or ~~act; shall commit~~ make the same available for use and operation) predominantly (a) to enhance the attractiveness of the Coliseum and the Coliseum Plaza Improvements to visitors from outside the County, (b) for the purpose of making available goods or ~~permit no waste or damage~~ services which would not, but for Coliseum Plaza Improvements, be reasonably accessible to the ~~Demised Premises; shall~~residents of the Town of Hempstead because of a lack of reasonably accessible retail trade facilities offering such goods or services and (c) to attract a significant number of visitors from outside the County. Notwithstanding the foregoing provisions of this Section 10.1, until such time as Tenant shall have obtained XXX financing that provides the assistance described on Schedule D (or, at Tenant~~’s expense~~'s election, ~~comply with and obey all applicable laws~~Tenant shall have waived in writing the obtaining of such XXX financing), ~~regulations, or orders~~ Tenant's use of ~~any governmental authority or agency;~~ the Premises shall be for Coliseum Uses only. 10.2 Tenant shall not do enter into any covenant or ~~permit anything to be done in~~ declaration or ~~about the Demised Premises which will in~~ grant any ~~way obstruct~~ easement or ~~interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord~~ restriction with respect to the ~~Real Property~~Premises without Landlord's prior written consent, ~~as the same may be amended from time~~ and Landlord (at no cost to ~~time.~~ Landlord, unless paid by Tenant) shall join with Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the ~~Demised~~ creation or the granting of any such easement or restriction to which Landlord consents. Landlord shall grant such commercially reasonable easements over the Premises ~~or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in~~ as are necessary for the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls development of the ~~Demised Premises, or on other areas of~~ Premises in accordance with the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areasApprovals, including but not limited toto utility easements, ~~corridors~~easements for ingress, egress and access, parking easements, and common area maintenance obligations and cost sharing. Without limiting the generality of the foregoing, the parties acknowledge that the Improvements constructed may share services, as determined by Tenant, and the Premises will be subject to such temporary and permanent construction, operating and reciprocal easement agreements as may be required by Tenant in order to effectuate the foregoing. Landlord shall cooperate with Tenant in effectuating all ~~sidewalks in front of~~of the foregoing and, ~~on the side of~~as fee owner, or shall execute and record in the ~~back~~ appropriate land records of ~~the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises~~ Nassau County such documents as Tenant may reasonably request, subject to (i) Landlord's approval of such documents, which approval, provided such documents are commercially reasonable, shall not be ~~used for any purpose other than that for which they are constructed~~unreasonably withheld, ~~and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage~~conditioned, or ~~damage resulting from a violation of this provision shall be borne by~~ delayed and (ii) Tenant~~. Tenant shall be responsible for the proper and lawful disposal~~ 's payment of all ~~cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~actual out-of- pocket third party costs and expenses, ~~window xxxxx~~including, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, ~~exterior~~ all reasonable out-of-pocket third party attorneys' fees and ~~interior~~ costs and recording expenses incurred in connection therewith. In addition, Landlord shall cooperate with Tenant in dedicating portions of ~~all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use~~ the ~~Demised~~ Premises for public streets and roadways, but any ~~purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant~~ such dedication shall ~~keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter,~~ be only at Landlord's direction and shall ~~keep the same swept, maintained and snow and ice removed therefrom~~be consistent with applicable Legal Requirements governing such dedications.

Appears in 1 contract

Samples: Plaza Lease

USE AND OCCUPANCY. (a) Tenant shall use and occupy the ~~Demised~~ Premises for the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose]~~ Permitted Use and ~~related activities. The Demised Premises shall be used~~ for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlordpurpose. Tenant shall not ~~burn~~ use or occupy or permit the use or occupancy of any ~~trash~~ part of the Premises in any manner not permitted hereunder, or ~~garbage~~ which in Landlord's reasonable judgment would adversely affect (a) the rendition of any service required to be furnished to any tenant or ~~about~~ other occupant of the ~~Real Property~~Building, (b) the use or enjoyment of any part of the Building by any other tenant or other occupant, or (c) the appearance of the Building. ~~☐ V. No aerial~~(b) Tenant, ~~loudspeaker~~incidental to its executive, ~~satellite dish~~administrative and general office use, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to ~~prohibit~~ use a portion or portions of the ~~continued~~ Premises (i) for storage of office supplies and (ii) as a pantry or pantries for use solely by Tenant, which may contain reheating but not cooking equipment, including items such as a microwave, coffee maker, sink, ice maker, dishwasher, hot water heater and refrigerator, upon and subject to the satisfaction of the following conditions, at Tenant's sole cost and expense and subject to and in accordance with all applicable Legal Requirements and the provisions of this Lease (including the provisions of Article 3) and with such other reasonable regulations as Landlord may adopt from time to time in accordance with the provisions of Article 26: (x) no cooking or other preparation of food (other than the reheating of food by microwave and the preparation of beverages) shall be done in any such pantry, (y) no food or beverages will be kept or served in the Premises in a manner or under any conditions which result in fumes or odors being emitted from, or detectable outside of, the Premises, and (z) such portion or portions of the Premises shall be at all times maintained by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a ~~neat,~~ clean and sanitary ~~condition,~~ condition and free of ~~all insects, rodents, vermin and pests~~ refuse (including use of ~~every type and kind~~extermination services whenever reasonably required). ~~☐ XVI.~~ Section 2.2 Tenant shall not use or permit the ~~Demised~~ Premises or any part thereof to be used: (a) for the business of printing or other manufacturing of any ~~purpose~~ kind, (b) as a retail branch of a bank or savings and loan association, or as a retail loan company, or as a retail stock broker's or dealer's office, (c) except as permitted herein, for the storage of merchandise, (d) for the distribution, by mail-order or otherwise, of merchandise, except in connection with Tenant's business ~~which is noxious or unreasonably offensive because~~ of selling books at retail by means of the ~~emission~~ Internet, (e) as a restaurant or bar or for the sale of ~~noise~~food or beverages, ~~smoke~~(f) as a news or cigar stand, ~~dust~~ (g) as an employment agency, labor union office, school, physician's or ~~odors~~dentist's office, dance or music studio, (h) as a xxxxxx shop or beauty salon, (i) for the sale to the public visiting the Premises, at retail or otherwise, of any goods or products, (j) by the United States Government, the City or State of New York, any Governmental Authority, any foreign government, the United Nations or any agency or department of any of the foregoing or any Person having sovereign or diplomatic immunity, (k) for the rendition of medical, dental or other therapeutic or diagnostic services, or (l) for the conduct of an auction. ~~☐ XVII~~(a) Landlord anticipates that the Delivery Date for Space B will occur on January 1, 2000 and that the Delivery Date for Space C will occur on June 1, 2000; provided, however, that Landlord shall not be subject to any liability for failure of either such Delivery Date to occur on such dates (or on any other date or dates), and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed to extend the term of this Lease. The foregoing shall constitute an express negation of Section 223-a of the New York Real Property Law or any successor law or ordinance, which shall be inapplicable hereto, and Tenant hereby waives any right to rescind this Lease which Tenant might otherwise have thereunder. (b) Notwithstanding the foregoing provisions of Section 2.3(a), if the Delivery Date for Space B shall not occur on or before September 1, 2000, unless such failure is due to Tenant Delay, then, as Tenant's sole and exclusive remedy for such delay in the Delivery Date for Space B, Tenant shall have the right to terminate this Lease with respect to both Space B (subject to the final sentence of this Section 2.3(b)) and Space C. Tenant shall exercise such termination right by giving notice to Landlord no later than September 10, 2000, and such termination will be effective on the date which shall be thirty (30) days after the date such notice is given, upon which date this Lease with respect to Space B (subject to the final sentence of this Section 2.3(b)) and Space C shall come to an end and terminate, and thereafter neither party shall have any liability to the other hereunder with respect to Space B (subject to the final sentence of this Section 2.3(b)) and Space C; provided, however, however, that if the Delivery Date for Space B shall occur at any time within thirty (30) days following Landlord's receipt of such notice by Tenant, such termination shall be void and of no force and effect, and, subject to Tenant's rights pursuant to Section 2.3(c), Tenant shall have no further right to terminate this Lease with respect to Space B and Space C pursuant to this Section 2.3(b). Notwithstanding the foregoing, if Tenant shall terminate this lease with respect to Space B and Space C pursuant hereto, such termination shall not apply to that portion of Space B shown on Exhibit P (the "Remaining B Space"), and the Remaining B Space shall be deemed automatically to be added to the Premises as a part of Space A, the floor plan in Exhibit P shall be deemed added to Exhibit A, the provisions of Sections 1.1, 6.1(b), 6.4, and 31.1(a) shall be modified as provided in Exhibit P-1 (and any other appropriate adjustments shall be made to the amounts payable by Tenant on account of other items of Additional Rent to reflect such reduction in the Premises), and the provisions of Sections 2.3(a) and 2.3(d) shall apply as if the date of such termination with respect to Space B (except the Remaining B Space) and Space C were the Delivery Date for the Remaining B Space. (c) Notwithstanding the foregoing provisions of Section 2.3(a), if the Delivery Date for Space C shall not occur on or before February 1, 2001, unless such failure is due to Tenant Delay, then, as Tenant's sole and exclusive remedy for such delay in the Delivery Date for Space C, Tenant shall have the right to terminate this Lease with respect to Space C only, by notice to Landlord given no later than February 10, 2001, such termination to be effective on the date which shall be thirty (30) days after the date such notice is given, upon which date this Lease with respect to Space C only shall come to an end and terminate, and thereafter neither party shall have any liability to the other hereunder with respect to Space C. Notwithstanding anything to the contrary contained herein, if the Delivery Date for Space C shall occur at any time within thirty (30) days following Landlord's receipt of such notice by Tenant, such termination shall be void and of no force and effect, and Tenant shall have no further right to terminate this Lease with respect to Space C only pursuant to this Section 2.3(c). (d) In the event of any holding over by any tenant or occupant of Space B beyond January 1, 2000, or by any tenant or occupant of Space C beyond June 1, 2000, Landlord will (i) promptly take commercially reasonable actions to obtain possession of such Space, including commencing and diligently prosecuting (to completion, if necessary) appropriate legal proceedings against any such holdover tenant or occupant, and (ii) keep ~~the entry ways and sidewalk/walkway in front~~ Tenant advised of the ~~Demised Premise clear~~ progress of ~~all debris~~such proceedings. (e) Landlord represents that to the best of its knowledge, ~~trash~~ as of the date of this Lease, the tenants and ~~litter~~other occupants of each Space, and the respective expiration dates with respect to each such Space, are as set forth on Exhibit K attached to this Lease. Section 2.4 Tenant shall ~~keep~~ have the ~~same swept~~right to use the existing emergency stairwell shown on Exhibit N as a means of ingress and egress for Tenant's employees solely between the Premises and the premises demised pursuant to Tenant's Other Lease, ~~maintained~~ provided that Tenant first installs a card-key security system satisfactory to Landlord which permits access to and ~~snow and ice removed therefrom~~from such stairwell solely for such purpose. Such installation by Tenant shall be deemed an Alteration for all purposes of this Lease. Landlord makes no representation with respect to the compliance with applicable Legal Requirements of Tenant's use of such stairwell pursuant to this Section 2.4.

Appears in 1 contract

Samples: Lease Agreement (Barnesandnoble Com Inc)

USE AND OCCUPANCY. a. Tenant ~~shall~~ will not at any time use ~~and~~ or occupy the ~~Demised Premises~~ demised premises in violation of this Lease or the certificate of occupancy or equivalent issued for the ~~commercial purpose~~ demised premises, nor will Tenant use or permit the use of ~~____________________________________________________________ [Description~~ the demised premises contrary to any covenants, easements or restrictions now of ~~commercial purpose]~~ record affecting the demised premises, to any covenants, easements or restrictions hereafter of record affecting the demised premises (provided same do not materially adversely affect the use of the demised premises by Tenant for the purposes expressly permitted under this Lease), or to any applicable statute, ordinance or regulation of any federal, state, county or municipal authority having jurisdiction thereover. b. Tenant accepts the demised premises and ~~related activities. The Demised Premises shall be used for no other purpose without~~ this Lease is subject and subordinate to (1) any covenants, easements, restrictions and agreements of record and zoning regulations of the ~~advance written consent~~ municipality within which the demised premises lies, and (2) to any covenants, easements, restrictions and agreements hereafter granted provided same do not materially adversely affect Tenant’s use or enjoyment of ~~Landlord~~the demised premises. Tenant ~~shall operate~~ further agrees, at the ~~Demised Premises in a clean~~ request of Owner at any time during the Term hereof, to execute any and ~~dignified manner~~ all instruments to effect subordination to any such encumbrance. c. Tenant accepts the demised premises and ~~in compliance with~~ this Lease is subject to (1) all ~~applicable~~ laws, regulations, ~~rules,~~ and ordinances, including laws, regulations and ordinances relating to planning, zoning, building and environmental matters, affecting the use, occupancy, or improvement of the demised premises now or hereafter adopted or imposed by any governmental body having jurisdiction; (2) any state of facts an inspection and an accurate survey of the demised premises and the surrounding environs may reveal and any changes thereto hereafter arising; (3) violations, if any, now or hereafter existing of all governmental authorities having jurisdiction of the demised premises; Tenant represents and warrants that it has fully investigated the state of facts and circumstances pertaining to each of the foregoing. ~~Janitorial Services~~ Tenant acknowledges that no representation or warranty of any kind or nature, whether express or implied, has been or shall be made by Owner or relied upon by Tenant (~~Check one~~A) ☐ pertaining to any of the foregoing, (B) concerning the use of the demised premises, the suitability or adequacy of the demised premises for Tenant’s business or the compliance of the demised premises or the Tenant’s use thereof with any applicable law, regulation or ordinance, including any planning, zoning, building or environmental law, regulation or ordinance, or any certificate, permit or license issued or maintained or required to be issued or maintained thereunder, or (C) the existence of any certificate, permit or license required or desired to be issued or maintained by any governmental authority having jurisdiction over the demised premises, the use thereof or the occupancy thereof. Owner shall have no liability or responsibility for any matter arising out of or in connection with any of the foregoing and Tenant shall ~~provide its own janitorial services~~indemnify and hold harmless Owner from any claims, suits, damages, liabilities, penalties, fines and expenses arising out of or in connection with any of the foregoing. ~~☐ As agreed~~ The indemnification obligation of Tenant as set forth above shall not be limited in any way by ~~both parties~~any limitation on amount or type of damages, ~~Landlord shall provide janitorial services~~ compensation, or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, or other employee benefit acts. d. Owner, without additional charge to Tenant, agrees to leave in place for use by Tenant (as a licensee during the term of this Lease) all of the existing furniture, furnishings and ~~shared costs will be included~~ equipment in or at the ~~Operating Cost~~demised premises, all as more particularly set forth in Schedule B attached hereto and made a part hereof (collectively, the “FF&E”) as of the Commencement Date. ~~Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall~~Tenant, at Tenant’s sole cost and expense, ~~comply with and obey~~ shall maintain all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the ~~Real Property;~~ FF&E in normal operating condition and repair (ordinary wear and tear excepted) all of the FF&E to normal operating condition and not remove any FF&E from the demised premises as it exists on the Commencement Date, without prior written consent of Owner. Unless Owner and Tenant agree in writing otherwise, the FF&E is and shall ~~comply with~~ remain the sole and exclusive property of Owner and Tenant shall return all of the ~~rules~~ FF&E to Owner at the end of its term in normal operating condition and ~~requirements promulgated~~ repair any of the damaged FF&E (ordinary wear and tear excepted) to normal operating condition but in no event shall Tenant be required to replace any equipment that has broken down due to natural deterioration. Any new equipment purchased by ~~Landlord~~ Tenant shall remain Tenant’s sole property. Tenant acknowledges that no representations with respect to the ~~Real Property~~condition or utility of any item of the FF&E (or its sufficiency for its intended use), has been made by Owner to Tenant, and Tenant is relying on its own inspection and investigation and agrees to accept such FF&E in its “AS IS WHERE IS” condition as of the ~~same may be amended from time to time~~Commencement Date. During the term of this Lease, Tenant ~~agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods~~ shall be ~~conducted~~ required to repair and maintain the FF&E in ~~such areas and through~~ accordance with the ~~entrances designated by Landlord. ☐ II~~provisions of this Lease. ~~No window coverings, such as curtains, blinds or shades,~~ Owner shall ~~be placed~~ have no liability to Tenant on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance account of any ~~kind shall be thrown therein, and the expense of any breakage~~malfunction, stoppage, breakage or failure of any of the FF&E to perform for their intended use or for the inability of Tenant to use any of the FF&E, and Owner shall have no liability to Tenant for any loss or damage ~~resulting from a violation~~ incurred by Tenant arising out of ~~this provision shall be borne by Tenant~~any such malfunction, stoppage, breakage, failure or the inability of use. ~~Tenant shall be responsible~~ Except for the ~~proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~FF&E, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord Owner shall have no obligation to furnish or provide any other equipment, cabling, furniture or other personal property or otherwise to the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activitiesdemised premises. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement (Twinlab Consolidated Holdings, Inc.)

USE AND OCCUPANCY. Tenant shall use and occupy the Demised Premises for the commercial purpose of ~~____________________________________________________________~~ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. ~~Janitorial Services (Check one)~~ ☐ ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within ~~__________~~ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. . ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises~~. ☐ XIII~~. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.☐

Appears in 1 contract

Samples: Commercial Lease Agreement

USE AND OCCUPANCY. Tenant covenants that no waste shall ~~use and occupy~~ be committed upon or to the ~~Demised Premises for~~ Leased Property; that the ~~commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises~~ Leased Property shall be used for the purpose herein above stated, and shall not be used or permitted to be used for any other purpose; that the Leased Property shall not be used for any unlawful purpose and no ~~other purpose without~~ violations of law or ordinance shall be committed thereon; that no intoxicating beverages shall be sold, served or stored illegally upon or from the ~~advance written consent of Landlord~~Leased Property; and that nothing shall be done or suffered or any substance kept on the Leased Property which will operate to increase the fire hazard or to cause the insurance rates thereon to be increased. Tenant shall ~~operate the Demised Premises in a clean~~ not abuse walls, ceilings, partitions, floors, wood, stone and ~~dignified manner and in compliance with all applicable laws, regulations, rules~~brick, and ~~ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties~~iron work; nor use plumbing and electrical wiring for any purpose other than that for which constructed; nor create, ~~Landlord shall provide janitorial services and shared costs will be included in~~ maintain, or permit a nuisance therein; nor do any act tending to injure the ~~Operating Cost~~reputation of the Park. Tenant shall ~~use~~ not perform any acts nor carry on any practices which may injure the ~~Demised Premises~~ Leased Property or be a nuisance or menace to other tenants in the Park, and shall store all trash and garbage within the Leased Property, or within containers provided for ~~no unlawful purpose or act; shall commit or permit no waste or damage to~~ regular city pickup. If the ~~Demised Premises; shall~~amount of trash and garbage is too excessive for regular city pickup, Tenant will arrange for pickup and cartage of all excess trash and garbage at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage at any time in or about the ~~Real Property. ☐ V. No aerial~~Leased Property or anywhere else in the Park; provided, ~~loudspeaker~~however, ~~satellite dish, sound amplifier, equipment, displays, or advertising shall be erected~~ that Landlord may in its sole discretion permit the burning of trash on the ~~roof~~ Leased Property or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as incinerators to be ~~heard other than~~ furnished by ~~persons who are within the Demised Premises without the prior written consent of~~ Tenant and approved by Landlord~~. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII~~. Tenant shall ~~keep~~ at all times during the ~~Demised Premises at a temperature sufficiently high to prevent freezing~~ Lease Term comply with all statutes, municipal and police regulations, and ordinances of ~~water~~ Federal, State, City and County governments and agencies or other public authority directed against or in ~~pipes and fixtures. ☐ IX~~any way affecting the Leased Property or Tenant’s business conducted therein. Tenant shall not permit (a) any release of any hazardous substance from the Leased Property; (b) any unlawful, harmful or ~~place any obstructions~~ improper discharge from the Leased Property into the surrounding atmosphere or ~~merchandise in any common areas~~into the sewers, ~~including but not limited to, corridors, all sidewalks in front of,~~ drains and waterways on or adjacent to the ~~side of~~Leased Property, or in the ~~back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for~~ groundwater thereunder; (c) any ~~purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage,~~ harmful or ~~damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful~~ improper disposal of ~~all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows~~liquid or solid waste (hazardous or otherwise) generated on, ~~window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be~~ stored ~~in the Demised Premises except that which Tenant is selling in the normal course of business in, at,~~ at or transported from the ~~Demised Premises. ☐ XIII~~Leased Property. ~~No auctions or tent sales shall be held within~~ As used in this Section, the ~~Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord~~ terms “hazardous substance,” “release” and “removal” shall have the ~~right to prohibit~~ same meaning and definition as set forth in paragraphs (14), (22) and (23), respectively, of 42 U.S.C. § 9601 and in I.C. 13-7-8.7-1; provided, however, that the ~~continued use by Tenant~~ term “hazardous substance” as used herein also shall include “hazardous waste” (as defined in paragraph (5) of ~~any unethical or unfair method~~ 42 U.S.C. § 6903) and “petroleum” (as defined in paragraph (8) of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities42 U.S.C. § 6991). ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

Appears in 1 contract

Samples: Lease Agreement (Endocyte Inc)

Common use of USE AND OCCUPANCY Clause in Contracts