Use Compliance With Law. Tenant agrees that Tenant shall not sell the ------------------------ HVAC or energy services of the Equipment, or otherwise use the Equipment to provide services to any other party (other than to permitted subtenants in the Premises) or to any other location other than the Premises. Tenant shall have the right to operate the generator and related Equipment only when (and for so long as) the supply of electrical service to the Premises in the ordinary manner has been interrupted. Landlord makes no representation that Tenant's contemplated use of the Lines or the Ancillary Sites will comply with applicable Legal Requirements. Tenant, at Tenant's sole expense, shall comply with all Legal Requirements regarding the installation, construction, operation and maintenance of the Equipment, and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Equipment (provided that in doing so Tenant shall not adversely affect Landlord or impair in any way Landlord's current and permitted use of the Building). If at any time during the term of this Lease such permits or approvals shall expire and are not renewed within thirty (30) days after the expiration thereof, or if applicable Legal Requirements shall otherwise not permit the Equipment to remain or be operated on the Ancillary Sites, or if there shall be any release of Hazardous Materials upon the Ancillary Sites or any other portion of the Property (or upon adjacent lands) arising out of or in connection with the Equipment, Tenant shall promptly remove the Equipment in accordance with the provisions set forth below applicable to Tenant's removal of the Equipment upon the expiration or earlier termination of the Lease.
Appears in 1 contract
Samples: Office Lease (Bea Systems Inc)
Use Compliance With Law. Tenant agrees Condition of the Premises. ---------------------------------------------------
6.1 The Building shall be used and occupied only for office, light assembly, research, and related purposes, or any other use which is reasonably comparable, and for no other purpose. The Parking Area shall be used only for the parking of automobiles by Lessee, or Lessee's employees, invitees or guests, and for vehicular ingress and egress, and only as an incident to Lessee's use and occupation of the Building. The Common Area (exclusive of any landscaped areas) shall be used only for pedestrian circulation and as eating and break areas by Lessee, or Lessee's employees, invitees or guests, only as an incident to Lessee's use and occupation of the Building.
(a) Lessor warrants to Lessee that Tenant the Premises, in its state existing on the Commencement Date, shall not sell violate any covenants or restrictions of record, or any applicable building codes, regulations or ordinances in effect on the ------------------------ HVAC or energy services Commencement Date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the EquipmentLessor, or otherwise use after written notice from Lessee, at Lessor's sole cost and expense, to rectify promptly any such violation. In the Equipment event Lessee does not give to provide services to any other party Lessor written notice of the violation of this warranty within one (1) year after the Commencement Date, the correction of same (other than Latent Defects) shall be the obligation of Lessee at Lessee's sole cost subject to permitted subtenants Paragraph 6.2 (b) below.
(b) Except as provided in Paragraph 6.2 (a), Lessee shall, at Lessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants, and restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the use by Lessee of the Building (collectively, "Legal Requirements") except that Lessee shall not be required to make any capital improvements of the Premises or the Building, or any alterations of the structure, foundation, exterior walls or exterior roof of the Building, in order to so comply. Except to the extent set forth in the Premisespreceding sentence, Lessor shall, at its sole cost and expense, comply with all present and future regulations, rules, laws, ordinances, and requirements of all governmental authorities (including, without limitation state, municipal, county and federal governments and their departments, bureaus, boards and officials) applicable to the Building or to any other location other than the Premises. Tenant Lessee shall not use nor permit the use of the Building in any manner that will create waste or a nuisance.
(i) Lessee shall have the right after prior written notice to operate the generator Lessor, to contest, by appropriate legal proceedings diligently conducted in good faith, as its own cost and related Equipment only when (and for so long as) the supply of electrical service to the Premises in the ordinary manner has been interrupted. Landlord makes no representation that Tenant's contemplated use of the Lines or the Ancillary Sites will comply with applicable Legal Requirements. Tenant, at Tenant's sole expense, the validity or application of any Legal Requirement with which Lessee is required to comply, provided that:
(A) Such contest shall comply with all Legal Requirements regarding the installation, construction, operation and maintenance of the Equipment, and shall be solely responsible for obtaining and not subject Lessor to any criminal penalty; and
(B) Lessee shall obtain and keep maintain during the pendency of any such contest a bond (or other security satisfactory to Lessor) in force form and amount and issued by a surety company reasonably satisfactory to Lessor, indemnifying and protecting Lessor, the Land and the Building, from and against any and all permitsdamages, licenses expenses, losses, injuries, fees, including, but not limited to, reasonable attorneys' fees, penalties, actions, causes of action, suits, costs, claims or judgments arising from such contest or Lessee's compliance with any such Legal Requirements.
(ii) Lessor shall execute and approvals deliver reasonably appropriate papers which may be necessary for operation to permit or enable Lessee so to contest the validity or application of any such Legal Requirement, provided Lessor shall be reasonably satisfied with the contents of such papers and Lessee shall indemnify and save Lessor, the band and the Building, harmless from any costs and expenses in connection therewith including, but not limited to, reasonable attorneys' fees.
(a) Lessor shall deliver the Building to Lessee clean and free of debris on the Commencement Date, and Lessor further warrants to Lessee that the plumbing, lighting, air conditioning, heating and loading, doors in the Building shall be in good operating condition on the Commencement Date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the Equipment violation, at Lessor's sole cost, to rectify promptly such violation. Lessee's failure to give such written notice to Lessor within one (1) year after the Commencement Date shall cause the conclusive presumption that Lessor has complied with all of Lessor's obligations under this Paragraph 6.3 (other than with respect to Latent Defects).
(b) Except as otherwise provided that in doing so Tenant shall not adversely affect Landlord or impair this Lease, Lessee hereby accepts the Building in any way Landlord's current its condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and permitted state laws, ordinances and regulations governing and regulating the use of the Building). If at , and any time during the term covenants or restriction of record, and accepts this Lease such permits subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or approvals shall expire and are not renewed within thirty (30) days after warranty as to the expiration thereof, present or if applicable Legal Requirements shall otherwise not permit the Equipment to remain or be operated on the Ancillary Sites, or if there shall be any release of Hazardous Materials upon the Ancillary Sites or any other portion future suitability of the Property (or upon adjacent lands) arising out Building for the conduct of or in connection with the Equipment, Tenant shall promptly remove the Equipment in accordance with the provisions set forth below applicable to TenantLessee's removal of the Equipment upon the expiration or earlier termination of the Leasebusiness.
Appears in 1 contract
Samples: Lease (Agraquest Inc)
Use Compliance With Law. Tenant agrees that Tenant shall not sell the ------------------------ HVAC or energy services of the Equipment, or otherwise use the Equipment to provide services to any other party (other than to permitted subtenants in the Premises) Tenant and its employees or to any other location other than the Premises. Tenant shall have the right to operate the generator and related Equipment only when (and for so long as) the supply of electrical service to the Premises in the ordinary manner has been interrupted. Landlord makes no representation that Tenant's ’s contemplated use of the Lines or the Ancillary Sites will comply with applicable Legal Requirements. Tenant, at Tenant's ’s sole expense, shall comply with all Legal Requirements regarding the installation, construction, operation and maintenance of the Equipment, and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Equipment (provided that in doing so Tenant shall not adversely affect Landlord or impair in any way Landlord's ’s current and permitted use of the Building). If at any time during the term of this Lease the License such permits or approvals shall expire and are not renewed within thirty (30) days after the expiration thereof, or if applicable Legal Requirements shall otherwise not permit the Equipment to remain or be operated on the Ancillary Sites, or if there shall be any release of Hazardous Materials upon the Ancillary Sites or any other portion of the Property (or upon adjacent lands) arising out of or in connection with the Equipment, Tenant shall promptly remove the Equipment in accordance with the provisions set forth below applicable to Tenant's ’s removal of the Equipment upon the expiration or earlier termination of the Lease. Tenant shall not use any portion of the Ancillary Sites for the storage, generation or handling of Hazardous Materials without the express written prior consent of Landlord (which consent may be withheld by Landlord in its sole discretion), and then only to the extent that the presence of the Hazardous Materials is (i) properly licensed and approved by all appropriate governmental officials and in accordance with all applicable Legal Requirements and (ii) in compliance with any terms and conditions stated in said prior written approval by Landlord. Tenant shall promptly provide Landlord with copies of all notices received by it, including, without limitation, any notice of violations, notice of responsibility or demand for action from any federal, state or local authority or official in connection with the presence of Hazardous Materials in or about the Ancillary Sites or any other portion of the Property. In the event of any release of Hazardous Materials upon the Ancillary Sites or any other portion of the Property, or upon adjacent lands, if caused by Tenant or Tenant’s agents, employees, contractors, licensees or invitees, Tenant shall promptly remedy the problem in accordance with all applicable Legal Requirements. The provisions of Sections 5 and 9 of the Lease shall fully apply to Tenant’s use of the Ancillary Sites and the installation, maintenance and operation of the Equipment.
Appears in 1 contract
Samples: Lease (Zulily, Inc.)
Use Compliance With Law. Tenant agrees that Tenant shall not sell the ------------------------ HVAC or energy services of the Equipment, or otherwise use the Equipment to provide services to any other party (other than to permitted subtenants in the Premises) Tenant or to any other location other than the Premises. Tenant shall have the right to operate the generator and related Equipment only when (and for so long as) the supply of electrical service to the Premises in the ordinary manner has been interrupted. Landlord makes no representation that Tenant's contemplated use of the Lines or the Ancillary Sites will comply with applicable Legal Requirements. Tenant, at Tenant's sole expense, shall comply with all Legal Requirements regarding the installation, construction, operation and maintenance of the Equipment, and shall be solely responsible for obtaining and shall obtain and keep in force all permits, licenses and approvals necessary for operation of the Equipment (provided that in doing so Tenant shall not adversely affect Landlord or impair in any way Landlord's current and permitted use of the Building). If at any time during the term of this Lease the License such permits or approvals shall expire and are not renewed within thirty (30) days after the expiration thereof, or if applicable Legal Requirements shall otherwise not permit the Equipment to remain or be operated on the Ancillary Sites, or if there shall be any release of Hazardous Materials upon the Ancillary Sites or any other portion of the Property (or upon adjacent lands) arising out of or in connection with the Equipment, Tenant shall promptly remove the Equipment in accordance with the provisions set forth below applicable to Tenant's removal of the Equipment upon the expiration or earlier termination of the LeaseLicense. Tenant shall not use any portion of the Ancillary Sites for the storage, generation or handling of Hazardous Materials without the express written prior consent of Landlord (which consent may be withheld by Landlord in its sole discretion), and then only to the extent that the presence of the Hazardous Materials is (i) properly licensed and approved by all appropriate governmental officials and in accordance with all applicable Legal Requirements and (ii) in compliance with any terms and conditions stated in said prior written approval by Landlord. Tenant shall promptly provide Landlord with copies of all notices received by it, including, without limitation, any notice of violations, notice of responsibility or demand for action from any federal, state or local authority or official in connection with the presence of Hazardous Materials in or about the Ancillary Sites or any other portion of the Real Property. In the event of any release of Hazardous Materials upon the Ancillary Sites or any other portion of the Real Property, or upon adjacent lands, if caused by Tenant or Tenant's agents, employees, contractors, licensees or invitees, Tenant shall promptly remedy the problem in accordance with all applicable Legal Requirements. Notwithstanding anything to the contrary in this Paragraph 55.f., Tenant may utilize diesel fuel for the operation of the Equipment, provided that Tenant complies with all applicable Legal Requirements regarding the handling, storage and use of such fuel, as more particularly provided above. Tenant shall not store diesel fuel other than in the storage tank which is a part of the Equipment. Without limiting any of the foregoing, (x) Tenant's use and operation of the Generator shall be in compliance with all Legal Requirements applying to noise and (y) the size and construction of the diesel fuel tank that is a part of the Generator shall comply with all applicable Legal Requirements.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)