USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively for general office purposes. 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 an 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 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 200 square feet of usable floor space of the Leased Premises; 7.2.6. the Tenant and the Tenant’s employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the 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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, 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; 7.2.8. the Tenant and the Tenant’s employees, other agents and Guests shall not bring or discharge any material or substance (solid, liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified: (i) by the scientific community, or (ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws; 7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits; 7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and 7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.
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Samples: Lease Agreement (Foamix Pharmaceuticals Ltd.), Lease Agreement (Foamix Pharmaceuticals Ltd.)
USE AND OCCUPANCY. 7.1. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as general, administrative and executive offices and for general office purposesuses ancillary to Tenant’s business.
7.2. 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. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have materially increase the effect of creating an increased risk of, or damage from, fire, explosion or other casualty;
7.2.2. 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. 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 PremisesPremises or access and use of parking and Common Facilities to the extent granted herein;
7.2.4. 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 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 200 two hundred forty (240) square feet of usable gross rentable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the 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 or other changes that may be required thereby that are generally applicable to the Building or Common Facilities as a whole, or to changes required based on laws in effect prior to the Commencement Date;
7.2.7. 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, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Carnegie Center Complex, except that this subsection shall not require the Tenant to make any structural or other changes that may be required thereby that are generally applicable to the Building as a whole, or to changes required based on requirements in effect prior to the Commencement Date;
7.2.8. 7.2.8 the Tenant and the Tenant’s employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) identified by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); ) and the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.13 N.J.
Appears in 1 contract
USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as an office for general office purposesits business of healthcare marketing services, medical education, medical advertising and related financial, accounting and other services.
7.2. In connection with the Tenant’s '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 '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 an 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 '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 's business in the Leased Premises;
7.2.4. the Tenant and the Tenant’s '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 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable floor space of the Leased Premises;
7.2.6. the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, 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;
7.2.8. the Tenant and the Tenant’s employees, other agents and Guests shall not bring or discharge any material or substance (solid, liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.occupancy
Appears in 1 contract
USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively for general office purposes.
7.2. In connection with the Tenant’s '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 '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 an 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 '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 's business in the Leased Premises;
7.2.4. the Tenant and the Tenant’s 's employees, other agents and Guests shall not create, permit or continue any Nuisance in or around the Leased Premises, the Other Leased Premises, the Building, the Common Facilities and the Property;
7.2.5. The Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable floor space of the Leased Premises;
7.2.6. the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s '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 '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, 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;
7.2.8. the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space."ISRA")(13 N.J.
Appears in 1 contract
Samples: Lease Agreement (SmartPros Ltd.)
USE AND OCCUPANCY. 7.1. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as an office for general office purposesits bio-pharmaceutical business.
7.2. 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. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have the effect of creating an not insignificantly increased risk of, or damage from, fire, explosion or other casualty;
7.2.2. 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. 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. 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 Tower Center Complex, the Leased Premises, the Other Leased Premises, the Building, the Common Facilities and the Property;
7.2.5. The 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 200 two hundred (200) square feet of usable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the 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 or other changes that may be required thereby that are generally applicable to the Building as a whole;
7.2.7. 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, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Tower Center Complex, 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;
7.2.8. 7.2.8 the Tenant and the Tenant’s employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.the
Appears in 1 contract
USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as its general offices. Tenant may have a computer room with special heating and cooling units which run 24 hours a day. The Landlord shall install a separate meter at Tenant's expense and Tenant shall pay the electric charge associated with the operation of the special heating and cooling units based upon the meter readings. The units shall be maintained by Landlord, at its expense, for general office purposesthe first six months after the Commencement Date and, thereafter, by Tenant, at its own expense.
7.2. In connection with the Tenant’s '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 '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 an 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 '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 's business in the Leased Premises;
7.2.4. the Tenant and the Tenant’s 's employees, other agents and Guests shall not create, permit or continue any Nuisance in or around the Leased Premises, the Other Leased Premises, the Building, the Common Facilities and the Property;
7.2.5. The Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable floor space of the Leased Premises;
7.2.6. the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s '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 '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, 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;
7.2.8. the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.N.J.S.
Appears in 1 contract
Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)
USE AND OCCUPANCY. 7.1. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively for general office purposes, including, but not limited to, Tenant's business of computer software sales and services. Notwithstanding the foregoing, in the Leased Premises the Tenant shall not open for the public any operating banking facility or any lending facility of a type operated by any bank, bank holding company, savings bank, savings and loan, consumer credit lender or similar institutional lender.
7.2. 7.2 In connection with the Tenant’s '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 's employees, other agents and Guests to observe, each of the following:
7.2.1. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have the effect of creating an not insignificantly increased risk of, or damage from, fire, explosion or other casualty;
7.2.2. 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. 7.2.3 to the extent they are not inconsistent with this Agreement, the Tenant and the Tenant’s '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 's business in the Leased Premises. The Landlord shall uniformly adopt and enforce the Building Rules and Regulations in a non-discriminatory manner;
7.2.4. 7.2.4 the Tenant and the Tenant’s '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 7.2.5 the Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable rentable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s 's business and to the use of the Common Facilities, except that this subsection shall not require the Tenant to make any alterations, additions or other changes, including, but not limited to, structural changes that may be required thereby that are generally applicable to the Building as a wholewhole and not to the Tenant's particular use of the Leased Premises. The parties hereby agree and acknowledge that any and all alterations, improvements, additions or other modifications, including, but not limited to, structural changes to the Common Facilities, which are not necessitated by the Tenant's use of the Leased Premises or by any alterations, improvements, additions or other modifications to the Leased Premises made by or on behalf of the Tenant, are expressly the sole obligation of the Landlord;
7.2.7. 7.2.7 the Tenant and the Tenant’s '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Carnegie Center Complex, 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 wholewhole and not to the Tenant's particular use of the Leased Premises. The parties hereby agree and acknowledge that any and all alterations, improvements, additions or other modifications, including, but not limited to, structural changes to the Common Facilities, which are not necessitated by the Tenant's use of the Leased Premises or by any alterations, improvements, additions or other modifications to the Leased Premises made by or on behalf of the Tenant, are expressly the sole obligation of the Landlord;
7.2.8. 7.2.8 the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) identified by the scientific community, or
(ii) community or by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 (S)23.11 et seq.); ) and the Industrial Site Recovery Act ------ (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.13 N.J.
Appears in 1 contract
USE AND OCCUPANCY. 7.1. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as general, administrative and executive offices and for general office purposesuses ancillary to Tenant’s business.
7.2. 7.2 In connection with the Tenant’s '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 's employees, other agents and Guests to observe, each of the following:
7.2.1. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have materially increase the effect of creating an increased risk of, or damage from, fire, explosion or other casualty;
7.2.2. 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. 7.2.3 to the extent they are not inconsistent with this Agreement, the Tenant and the Tenant’s '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 's business in the Leased PremisesPremises or access and use of parking and Common Facilities to the extent granted herein;
7.2.4. 7.2.4 the Tenant and the Tenant’s '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 7.2.5 the Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 two hundred forty (240) square feet of usable gross rentable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s 's business and to the use of the Common Facilities, except that this subsection shall not require the Tenant to make any structural or other changes that may be required thereby that are generally applicable to the Building or Common Facilities as a whole, or to changes required based on laws in effect prior to the Commencement Date;
7.2.7. 7.2.7 the Tenant and the Tenant’s '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Carnegie Center Complex, except that this subsection shall not require the Tenant to make any structural or other changes that may be required thereby that are generally applicable to the Building as a whole, or to changes required based on requirements in effect prior to the Commencement Date;
7.2.8. 7.2.8 the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) identified by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); ) and the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.13 N.J.
Appears in 1 contract
USE AND OCCUPANCY. 7.1. The Tenant shall continuously may only occupy and use the Leased Premises during the Term exclusively for as a general office purposesand such other ancillary and accessory uses as are consistent with applicable codes.
7.2. In connection with the Tenant’s '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 '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 an 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 PremisesLandlord;
7.2.3. to the extent they are not inconsistent with this Agreement, the Tenant and the Tenant’s '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 's business in the Leased Premises; diminish the Tenant's rights under this Agreement or increase Tenant's expenses under this Agreement;
7.2.4. the Tenant and the Tenant’s 's employees, other agents and Guests shall not create, permit or continue any Nuisance in or around the Leased Premises, the Other Leased Premises, the Building, the Common Facilities and the Property;
7.2.5. The Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more persons than are permitted by applicable codes. If the Leased Premises are occupied by more than one individual per 200 square feet of usable floor space of the Leased PremisesPremises then Tenant shall be responsible for any supplemental heating, cooling and ventilation which may be required and the performance of the heating and cooling systems according to the specifications set forth in subsection 8.1.5 of this Agreement is not guaranteed;
7.2.6. the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's particular method or manner of use and occupancy of the Leased Premises, to the conduct of the Tenant’s '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 commercial office tenancies or to the Building as a whole;
7.2.7. the Tenant and the Tenant’s '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, except that this subsection shall not require the Tenant to make any structural changes that may be required thereby that are generally applicable to commercial office tenancies or to the Building as a whole;
7.2.8. the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space."ISRA")(13 N.J.
Appears in 1 contract
Samples: Lease Agreement (Enzon Inc)
USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as an office for general office purposesits business of administering the off-site manufacture and sale of its medical supplies.
7.2. In connection with the Tenant’s '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 '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 an 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 '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 's business in the Leased Premises;
7.2.4. the Tenant and the Tenant’s '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 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable floor space of the Leased Premises;
7.2.6. the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s '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 '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, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Carnegie Center Complex, 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;
7.2.8. the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) identified by the scientific community, or
(ii) community or by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 sec.23.11 et seq.); ) and the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.13 N.J.
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USE AND OCCUPANCY. 7.1. 7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively as a general business, sales and administrative office for general office purposesits business of manufacturing pharmaceutical products.
7.2. 7.2 In connection with the Tenant’s '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 's employees, other agents and Guests to observe, each of the following:
7.2.1. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have the effect of creating an not insignificantly increased risk of, or damage from, fire, explosion or other casualty;
7.2.2. 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. 7.2.3 to the extent they are not inconsistent with this Agreement, the Tenant and the Tenant’s '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 's business in the Leased PremisesPremises and shall apply to all tenants of Other Leased Premises generally;
7.2.4. 7.2.4 the Tenant and the Tenant’s '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 common Facilities and the Property;
7.2.5. 7.2.5 The Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 square feet of usable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s 's business and to the use of the Common 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. 7.2.7 the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with the requirements of the Board of Fire Underwriters underwriters (or successor organization) and of any insurance carriers providing liability, property, casualty or excess insurance coverage regarding the Property, the Building, the Common Facilities or any portions thereof, and any other improvements on the PropertyProperty and the Carnegie Center Complex, 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;
7.2.8. 7.2.8 the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) identified by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seqss.23.11 ET SEQ.) and the Environmental Cleanup Responsibility Act (13 N.J.S.A. ss.1 K-6 ET SEQ.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq., as they may be amended); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Actordinance, 26 N.J.S.A. §2C-45 et seq.rule, and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions regulation or successor codes order as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Lawsenvironment;
7.2.9. 7.2.9 the Tenant and the Tenant’s 's employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovensxxxxxxxxx xxxxx, none of xxxx xx which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. 7.2.10 on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s 's use and occupancy of the Leased Premises; and
7.2.11. 7.2.11 the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.
Appears in 1 contract
USE AND OCCUPANCY. 7.1.
7.1 The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively for general office purposes.as an executive and administrative office.
7.2. 7.2 In connection with the Tenant’s '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 's employees, other agents and Guests to observe, each of the following:
7.2.1. 7.2.1 the Tenant shall not do, or permit or suffer the doing of, anything which might have the effect of creating an not insignificantly increased risk of, or damage from, fire, explosion or other casualty;;
7.2.2. 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. 7.2.3 to the extent they are not inconsistent inconsistent with this Agreement, the Tenant and the Tenant’s '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 's business in the Leased Premises;
7.2.4. 7.2.4 the Tenant and the Tenant’s 's employees, other agents and Guests shall not create, permit or continue any Nuisance 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 7.2.5 the Tenant and the Tenant’s 's employees, other agents and Guests shall not permit the Leased Premises to be regularly occupied by more than one individual per 200 two hundred (1:200) square feet of usable gross rentable floor space of the Leased Premises;
7.2.6. 7.2.6 the Tenant and the Tenant’s 's employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the Tenant’s 's use and occupancy of the Leased Premises, to the conduct of the Tenant’s '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 generally applicable to the Building as a whole;;
7.2.7. 7.2.7 the Tenant and the Tenant’s '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, the BuildingBuilding, the Common Facilities or any portions thereof, and any other improvements improvements on the PropertyProperty and the Carnegie Center Complex, except that this subsection shall not require the Tenant to make any structural changes that may be required thereby that are generally applicable generally applicable to the Building as a whole;;
7.2.8. 7.2.8 the Tenant and the Tenant’s 's employees, other agents and Guests shall not bring or discharge any material or substance (solid, solid liquid or gaseous) which is a Hazardous Substance), or conduct any activity, in or on the Carnegie Center Complex, the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) identified by the scientific community, or
(ii) community or by any Federal, state or local statute (including, without limiting the generality generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); ) and the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not 90% occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least 80% of all Other Leased Premises, determined by their gross rentable floor space.13 N.J.
Appears in 1 contract
USE AND OCCUPANCY. 7.1. The Tenant shall continuously occupy and use the Leased Premises during the Term exclusively for general office purposespurposes and such other commercial uses as are principal permitted uses under the current applicable zoning code.
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 an 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 reasonable changes made therein by the Landlord for all tenants of the Building if, with respect to any such changes, the Landlord shall have given prior 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 and Tenant’s use of 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 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 the number of individuals permitted by code (provided that, if any supplemental cooling or ventilation is required, because the Leased Premises are occupied by more than one individual per 200 square feet of usable floor space space, the cost of installing, operating and maintaining the Leased Premisessame shall be at the Tenant’s sole cost and expense);
7.2.6. the Tenant and the Tenant’s employees, other agents and Guests shall comply with all Federal, state and local statutes, ordinances, rules, regulations and orders as they pertain to the 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 wholethereby;
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, the Building, the Common Facilities or any portions thereof, and any other improvements on the Property, 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;
7.2.8. the Tenant and the Tenant’s employees, other agents and Guests shall not bring or discharge any material or substance (solid, liquid or gaseous) which is a Hazardous Substance, or conduct any activity, in or on the Property, the Building, the Common Facilities or the Leased Premises that shall have been identified:
(i) by the scientific community, or
(ii) identified by any Federal, state or local statute (including, without limiting the generality of the foregoing, the Spill Compensation and Control Act (58 N.J.S.A. §10-23.11 et seq.); the Industrial Site Recovery Act (“ISRA”)(13 N.J.S.A. §1 K-6 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.X.X. X.X.X. §0000 et seq.) as amended; the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.X.X. X.X.X. §0000 et seq.); the Federal Water Pollution Control Act/Clean Water Act (33 U.X.X. X.X.X. §0000 et seq.); the Clean Water Act (33 U.X.X. X.X.X. §0000 et seq.); the Clean Air Act (42 U.X.X. X.X.X. §0000 et seq.); the Toxic Substances Control Act (15 U.X.X. X.X.X. §0000 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.) the Safe Drinking Water Act (42 U.S.C. §300f through §300j) as amended; the Global Warming Response Act, 26 N.J.S.A. §2C-37 et seq.; the Regional Greenhouse Gas Initiative Act, 26 N.J.S.A. §2C-45 et seq., and the regulations adopted and publications promulgated pursuant to said laws; and in any revisions or successor codes as toxic or hazardous to health or to the environment (“Environmental Laws”) As used herein, “Hazardous Substance” means any material or substance which is toxic, ignitable, reactive, or corrosive; or which is defined as “hazardous waste”, “extremely hazardous waste”, “extraordinary hazardous substance” or a “hazardous substance” by Environmental Laws; or which is an asbestos, polychlorinated biphenyl or a petroleum product; or which is regulated by Environmental Laws;
7.2.9. the Tenant and the Tenant’s employees, other agents and Guests shall not draw electricity in the Leased Premises in excess of the rated capacity of the electrical conductors and safety devices including, without limiting the generality of the foregoing, circuit breakers and fuses, by which electricity is distributed to and throughout the Leased Premises and, without the prior written consent of the Landlord in each instance, shall not connect any fixtures, appliances or equipment to the electrical distribution system serving the Building and the Leased Premises other than typical professional office equipment such as minicomputers, microcomputers, typewriters, copiers, telephone systems, coffee machines and table top microwave ovens, none of which, considered individually and in the aggregate, overall and per fused or circuit breaker protected circuit, shall exceed the above limits. The system is designed to provide three (3) xxxxx per usable square foot for lighting and five (5) xxxxx per usable square foot for the other electric devices enumerated above;
7.2.10. on a timely basis the Tenant shall pay directly and promptly to the respective taxing authorities any taxes (other than Taxes) charged, assessed or levied exclusively on the Leased Premises or arising exclusively from the Tenant’s use and occupancy of the Leased Premises; and
7.2.11. the Tenant shall not initiate any appeal or contest of any assessment or collection of Taxes for any period without, in each instance, the prior written consent of the Landlord which, without being deemed unreasonable, the Landlord may withhold if the Building was not ninety percent (90% %) occupied by paying tenants throughout that period or if the Tenant is not joined by tenants of Other Leased Premises that leased throughout that period, and that are then leasing, at least eighty percent (80% %) of all Other Leased Premises, determined by their gross rentable floor space.
Appears in 1 contract
