Use Availability. The first floor of the Space, consisting of 5,403 square feet of rentable space shall be used only for the purpose of an outpatient dialysis center and related uses and offices, and the second floor, consisting of 2,038 square feet of rentable space, shall be used only for general business offices and no other purposes ("Use"). It shall be Lessee's responsibility at its own expense to determine and, if necessary, submit the appropriate applications for the Use of the Space to and comply with all the requirements of the appropriate governmental officials, agencies, commissions and boards having jurisdiction over the Use of the Space, including but not limited to the Americans With Disabilities Act ("Government Compliance"). If Lessee is unable to obtain the appropriate permits, variances, licenses and/or other approvals for the Use of the Space, Lessor may, at its option but is not otherwise required, obtain such Government Compliance, and Lessee will use its best efforts to assist Lessor in obtaining such compliance, and all costs and expenses to effect such Government Compliance to be charged to Lessee as Additional Rent as defined in Section 4.2 accruing for the month following effectuation of such compliance; or if Lessor does not exercise its option to obtain the Government Compliance, this Lease will automatically and immediately terminate and become null and void.
Use Availability. It shall be Lessee's responsibility to determine and, if necessary, submit the appropriate applications for the Use of the Space to the appropriate governmental officials, agencies, commissions and boards having jurisdiction over the Use of the Space.
Use Availability. Landlord warrants to Tenant that the building within which the Premises are located is in an area which is zoned for the Use of the Premises as anticipated by the Tenant. Landlord will use its diligence in obtaining all necessary permits and licenses from all regulatory agencies for the continuous operation of its building within which the Premises are located, which will comply with and satisfy health and other governmental codes and regulations. It is understood and agreed that this Lease is specifically contingent and subject to Tenant being able to use the premises for its contemplated Use. If Tenant is unable to obtain the appropriate permits, variances, licenses and/or other approvals for the Use of the Premises, this Lease will automatically and immediately terminate and become null and void, and Landlord shall immediately return to Tenant all rental payments and other deposits heretofore made to Landlord.
