Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose. (b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste. (c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. (d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. (e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Rockwell Medical Technologies Inc), Industrial Lease Agreement (D & K Healthcare Resources Inc)
Use of Demised Premises. (a) The Tenant shall only use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesUses, and Tenant shall not allow, suffer, use or permit or suffer the use of the Demised Premises or any vibration, noise, odor, light or part thereof for any other effect purposes.
(1) Landlord will deliver to occur within or around Tenant copies of any environmental reports affecting the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining buildingare in Landlord's possession provided, its customershowever, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by accuracy or being completeness of such reports.
(2) Landlord will deliver to Tenant any ISRA letters of non-applicability in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter Landlord's possession affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e3) In Landlord will deliver a certificate of occupancy (which may be temporary)
4.02 If any governmental license or permit, other than a Certificate of Occupancy (which may be a temporary certificate) for the event insurance premiums pertaining Building and Landlord's Work prior to any Tenant Work, shall be required for the proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord upon request. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy for the Demised Premises or for the Building, ; (b) causes or is liable to cause injury to the Building Common Areaor any equipment, whether paid by Landlord facilities or Tenant, are increased over the least hazardous rate available due to the nature systems attached thereto; (c) constitutes a violation of the use Legal Requirements or Insurance Requirements; (d) impairs the character, reputation or appearance of the Demised Premises by Tenantand/or the Building; (e) impairs the maintenance, Tenant shall pay such additional amount as Additional Rentoperation and repair of the Demised Premises and/or its equipment, facilities or systems or (f) would make the New Jersey Industrial Site Recovery Act ("ISRA") applicable to the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)
Use of Demised Premises. (a) 3.1 The Demised Premises including all buildings or other improvements hereafter erected upon the same shall be used for such activities as may be lawfully carried on in and about the Permitted Use set forth Demised Premises. Tenant shall not use or occupy the same, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in Section 1(l) and for no any manner which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other purpose.
(b) Tenant will permit no liens insurance thereon required to attach be furnished hereunder by Tenant, or exist against which would cause structural injury to the improvements or cause the value or usefulness of the Demised Premises, or any portion thereof, substantially to diminish (reasonable wear and shall not commit any tear excepted), or which would constitute a public or private nuisance or waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Further, Tenant shall not allowuse, store, or dispose of any so-called "hazardous wastes" or "hazardous substances" as defined by federal, state, or local environmental laws (including so-called "Superfund" laws) on the Demised Premises except for any such materials used by Tenant in the normal operation of its business, which materials shall be kept and used in compliance with applicable laws.
3.2 Tenant shall not use, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in or any manner use the Demised Premises so as portion thereof, to cause cancellation ofbe used by Tenant, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided or the public, as such, without restriction or in such manner as might reasonably tend to Tenant by Landlord or any of impair Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining title to the Demised Premises, the Buildingor any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the Building Common Areapublic, whether paid by Landlord as such, or Tenantthird persons, are increased over the least hazardous rate available due to the nature or of the use implied dedication of the Demised Premises Premises, or any portion thereof. Nothing in this Lease Agreement contained and no action or inaction by TenantLandlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, Tenant shall pay power or permission to do any act or make any agreement that may create, or give rise to or be the foundation for any such additional amount as Additional Rentright, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Demised Premises.
Appears in 2 contracts
Samples: Purchase Agreement (Renaissance Entertainment Corp), Lease Agreement (Renaissance Entertainment Corp)
Use of Demised Premises. (a) The Tenant shall use and occupy the Demised Premises shall be used for office and light electronic assembly, as provided under the Permitted Use set forth in Section 1(l) applicable zoning ordinances of the Borough of Mahwah and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises. It is a consideration of this Lease, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises shall be limited to those uses as otherwise hereinbefore specified, and that such uses be subject to and consistent with any Certificate of Occupancy issued by the Township of Mahwah. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, not the hanging of equipment from (or otherwise loading) the roof or structural members of the Building without the express written consent of the Landlord. The Tenant shall pay such additional amount as Additional Rentnot use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in a manner which will in any way violate the Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereof, or which will constitute a public or private nuisance, or which would adversely affect the then value thereof. Tenant shall, in the use and occupancy of the Demised Premises, comply with all laws, orders and regulations of the federal, state and municipal governments or of any of their departments affecting the Demised Premises. If any repairs or improvements are made necessary in order to comply with any of the aforesaid governmental rules and regulations, then Tenant shall, at Tenant's cost and expense, make said repair and/or improvement subject to Tenant's obligation to secure Tenant's Approval. Landlord represents that at the time of the issuance of the Certificate of Occupancy the Demised Premises shall be in compliance with any laws, orders, or regulations of the federal, state or municipal governments or any of their departments affecting the Demised Premises. the Tenant shall not permit or cause any odor, sound, vibration, effluent, pollution or other condition that is either in Landlord's opinion or by law noxious or offensive. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the Certificate of Occupancy.
Appears in 2 contracts
Samples: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Appurtenance Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(i) and for no other purpose, except as hereinafter provided to the contrary. If Tenant or any permitted assignee or subtenant desires to use the Demised Premises for a Permitted Use other than the Primary Use, Tenant shall submit to Landlord a written request setting forth in detail the nature of the additional or altered Permitted Use proposed by Tenant or a permitted or proposed assignee or subtenant. Landlord agrees that Landlord may not unreasonably withhold, delay or condition its consent to the proposed additional or altered Permitted Use, subject to the condition that the proposed additional or altered Permitted Use must comply with the requirements and conditions of Section 1(i) of this Lease. Landlord shall, within ten (10) business days after receipt of the written notice from Tenant regarding a proposed alteration of the Primary Use, give written notice to Tenant approving or disapproving the proposal. A notice of approval may contain reasonable conditions, based on the nature of the proposed use. If the written notice from Landlord disapproves the proposed use, the reasons for such determination shall be set forth in reasonable detail.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and if such liens are held by persons claiming through or under Tenant. If any such lien is filed against the Demised Premises, Tenant shall cause such lien to be discharged of record by payment or bonding within thirty (30) calendar days after Tenant receives written notice from Landlord of the existence of the lien. A written notice given by Landlord pursuant to this subsection (b) may also constitute the written notice required by Section 23(a)(ii) so long as the notice expressly references both Sections of this Lease. Tenant shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit cause any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute constitutes a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteestrespass. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, impair coverage under the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as pursuant to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesSection 8.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 2 contracts
Samples: Lease Agreement (Petco Animal Supplies Inc), Build to Suit Lease Agreement (Petco Animal Supplies Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Notwithstanding the foregoing, Landlord acknowledges and agrees that this subparagraph (c) shall not be deemed to prohibit vibrations, odors and/or noises that are customarily associated with the operation of a warehouse facility for the uses permitted herein including, without limitation, loading and unloading of trucks, and the use of conveyor belts, generators, and heating, ventilating and air conditioning units and air compressors.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Except as expressly set forth below in this subsection 7(d), Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Landlord hereby represents to Tenant that, as of the Lease Date, (i) neither the current zoning classification applicable to the Demised Premises nor the Declaration of Protective Covenants established by Landlord and currently encumbering the Building (the "Declaration") prohibits Tenant from operating a warehouse/distribution facility for the Initial Use twenty-four (24) hours a day, three hundred sixty-five (365) days a year, and (ii) none of the title exceptions listed in Schedule B-Section 2 of the copy of that certain Lawyer's Title Insurance Company lender's title insurance policy having Bank of America (as hereinafter defined) as the insured, a copy of which has been delivered by Landlord to Tenant, prohibits Tenant from conducting general warehousing and distribution operations within and from the Demised Premises.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, to the extent such increase is solely a result of Tenant's use of the Demised Premises, Tenant shall pay such additional amount as Additional Rent, provided Landlord's insurance company delivers to Tenant a certification showing the manner in which Tenant's use has brought about such increase. To Landlord's actual knowledge, as of the Lease Date Tenant's use of the Demised Premises for the Permitted Use (as opposed to Tenant's manner of use) shall not cause an increase in Landlord's insurance rates.
Appears in 1 contract
Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(j) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for any tenant of Landlord or any occupant of the Building or occupying an adjoining building, its customers, agents, licensees or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Without limiting the foregoing, Landlord agrees to use reasonable efforts to execute any special use permits, special exception, variance or waiver sought by Tenant, all at no cost or expense to Landlord, provided that Tenant's use of the Demised Premises remains at all times in compliance with the provisions of this Section 7.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, or prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants covenants, including specifically, but without limitation, the Protective Covenants, and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Samples: Industrial Lease Agreement (Global Directmail Corp)
Use of Demised Premises. (a) The Tenant will use the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) only and for no other purpose.
(b) purpose without the prior written consent of Landlord. Tenant, at its sole expense, shall comply with all of the requirements of all municipal, state and federal authorities now or hereafter in force pertaining to the use, occupation or alteration of Demised Premises. Tenant shall not commit waste or any nuisance. Tenant will not do any act or thing in the Demised Premises or permit no liens to attach or exist against the storage of any product therein which shall cause a cancellation of any of Landlord’s insurance on the Demised Premises, and shall not commit . If any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by TenantTenant or act therein causes Landlords insurance rates to be increased over the rates in effect for the Permitted Use generally, Tenant shall will, on demand, pay to Landlord the amount of any such additional amount as Additional Rentincrease. Tenant further covenants that it will not (i) display any merchandise or maintain any stands in front of the Demised Premises or of the line of buildings in the center, (ii) erect or maintain any barricade or scaffolding which may obscure the signs, entrance or show window of any other tenant in the center, or tend to interfere with any such other tenant’s business, (iii) create or maintain, or allow others (including customers of Tenant) to create or maintain, any nuisances, including, without limiting the foregoing general language, loud noises, sound effects, offensive odors, and smoke, garage, trash, litter or dust in or about the Demised Premises or the common areas adjacent to the Demised Premises, or (iv) install any equipment which will exceed or overload the capacity or any utility facilities located in or serving the Demised Premises.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, . Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's ’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding the foregoing, Industrial Developments International, Inc. (“IDI”), the initial “Landlord” hereunder, hereby represents that, to IDI’s actual knowledge (i) which for purposes of this clause (i) is based solely on that letter from the Office of Planning and Development of the City of Southaven, Mississippi to Mr. Xxxxxx Xxxxxxx of XXX dated July 21, 2006, a copy of which is attached hereto as Exhibit H, the land on which the Building lies is currently zoned “Planned Business Park (PBP)” under the City of Southaven, Mississippi zoning ordinance; and (ii) there are no protective or restrictive covenants that encumber the Property other than as may be included in the Permitted Exceptions.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available for ordinary office, warehouse, assembly, integration and distribution purposes due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose. Notwithstanding anything to the contrary in this Lease, if Tenant or any permitted assignee or subtenant desires to use the Demised Premises for a Permitted Use other than the Primary Use, Tenant shall submit to Landlord a written request setting forth in detail the nature of the additional or altered Permitted Use proposed by Tenant or a permitted or proposed assignee or subtenant. Landlord agrees that Landlord may not withhold its consent to the proposed additional or altered Permitted Use, subject to the condition that the proposed additional or altered Permitted Use must comply with the requirements and conditions of Section 1(l) of this Lease. Landlord shall, within ten (10) business days after receipt of the written notice from Tenant regarding a proposed alteration of the Primary Use, give written notice to Tenant confirming whether or not Landlord considers the proposed additional or altered use to be a Permitted Use which complies with Section 1(l). If the written notice from Landlord confirms a determination by Landlord that the proposed use is not a Permitted Use, the reasons for such determination shall be set forth in reasonable detail. If Landlord fails to give any written notice to Tenant within such ten (10) business- day period, Landlord will be deemed to have determined that the proposed additional or altered use is a Permitted Use.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any wastewaste of or within the Demised Premises.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that Tenant shall have the right to install and maintain, at Tenant's sole cost and expense, up to two (2) air compressors in the Common Area adjacent to the trash enclosure at the east end of the Demised Premises, which air compressors shall be enclosed in block walls and otherwise installed pursuant to plans and specifications reasonably satisfactory to Landlord; provided that in the event such air compressors generate excessive noise, as reasonably determined by Landlord, Tenant shall, at its own expense, fully enclose (i.e., install a roof or other suitable cover in addition to the block walls) such air compressors at Landlord's request. Any noise generated by the air compressors will not be deemed to have violated the Rules and Regulations (as defined in Section 32), regardless of any provsion thereof, so long as Tenant complies with the provisions of this Section 7(c).
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Areacommon areas, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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Samples: Lease Agreement (I Flow Corp /Ca/)
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's consent, which consent shall not be unreasonably withheld.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or inviteespremises. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable -4- <PAGE> laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent, provided Tenant is given reasonable prior notice of such impending increase and an opportunity to cease or modify such use.
Appears in 1 contract
Samples: Industrial Lease Agreement
Use of Demised Premises. (a) The Tenant shall use and occupy the Demised Premises shall be used during the Lease Term only for the Permitted Use set forth purpose stated in Section 1(l) 1 hereof and attendant office use and for no other purpose.
purpose without the prior written consent of the Landlord. Tenant shall not use or permit any person to use the Demised Premises or any part thereof for any use or purpose other than the use stated in Section 1 or in violation of any law, statute, order, ordinance, code, rule or regulation of any federal, state or municipal body or other governmental agency having jurisdiction thereof, including, without limitation, zoning, land use and building ordinances, uses and requirements; occupational safety and health requirements, community right-to-know requirements; the Americans With Disabilities Act of 1990; and Environmental Laws (bas defined in Section 9.3) Tenant will permit no liens to attach (collectively “Laws”), or exist against any building and use restrictions (“Restrictions”) affecting the Building or the Demised Premises, if any. Tenant shall comply with all such present and shall not commit any waste.
(c) The future Laws and Restrictions affecting the Building and Demised Premises shall not be used for any illegal purposesand the cleanliness, safety, occupation and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant use of the Building same, at Tenant’s sole cost and expense. Tenant shall, at Tenant’s expense, obtain such approvals, permits or an adjoining buildingcertificates, its customersincluding, agentswithout limitation, or invitees. Upon notice by Landlord to a Certificate of Occupancy if Tenant that is constructing any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not tenant improvements in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, that may be required in order for Tenant to occupy and shall not in any manner use the Demised Premises so as to cause cancellation Premises. Tenant shall promptly notify Landlord of, prevent the use and provide Landlord with copies of, or increase the rate ofall notices, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenantrequests, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable lawsorders, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances complaints or other information correspondence directed to Tenant from any federal, state or municipal body or governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums authority pertaining to the Demised Premises, the Building, any actual or the Building Common Area, whether paid by Landlord alleged violation of Laws or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional RentRestrictions.
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(1) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or of any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, . Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant Priority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. H Initial Initial that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. hereunder Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use or the Initial Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, and, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use and the Initial Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent. Landlord shall promptly notify Tenant of any such increase, but any failure to so notify shall not operate to relieve Tenant of the obligation to pay such additional amount.
Appears in 1 contract
Use of Demised Premises. (a) 3.1 The Demised Premises including all buildings or other improvements in existence or hereafter erected upon the same shall be used by Tenant for the Permitted Use set forth presentation of a "Renaissance Faire" which is a festival in Section 1(l) period costumes of the late Elizabethan period including the sale of products and services, performing artists, and the sale of food and beverages, and for no such other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, activities as approved in advance in writing by Landlord and shall not commit any waste.
(c) The Demised Premises shall not as may be used for any illegal purposes, lawfully carried on in and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around about the Demised Premises that could constitute a nuisance other than those which conflict directly or trespass for Landlord or any occupant of indirectly with the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the then current use of the Demised Premises by Landlord or any adjacent property owned or leased by Landlord. Tenant shall not use or occupy the same, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in any manner which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other insurance thereon required to be furnished hereunder by Tenant, or which would cause structural injury to the improvements or cause the value or usefulness of the Demised Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Tenant understands and agrees that neither Tenant, its employees, vendors, and others involved with Tenant nor any Patrons of Tenant shall pay be entitled nor shall their utilize in any fashion Walnut Avenue behind the Land.
3.2 Tenant shall not use, suffer, or permit the Demised Premises, or any portion thereof, to be used by Tenant, any third party or the public, as such, without restriction or in such additional amount manner as Additional Rentmight reasonably tend to impair Landlord's title to the Demised Premises, or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or third persons, or of implied dedication of the Demised Premises, or any portion thereof. Nothing in this Lease Agreement contained and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant any right, power or permission to do any act or make any agreement that may create, or give rise to or be the foundation for any such right, title, interest, lien, charge or other encumbrance upon the estate of Landlord in the Demised Premises.
3.3 Tenant's shall have the exclusive right to utilize the Demised Premises between July 10th and November 15th each Lease Year ("Tenant's Peak Time"), with the period of July 10th through August 15th being reserved for Tenant's annual setup for the Lease Year events. Landlord shall have the right to use the Demised Premises at all times during the year other than Tenant's Peak Time for purposes (i) which do not compete with Tenant's use of the Land as a Renaissance Faire, and (ii) which are not inconsistent with Tenant's permitted and actual use of the Demised Premises for hosting the Renaissance Faire. Landlord and Tenant shall cooperate with the scheduling of each other's uses of the Demised Premises at all times other than Tenant's Peak Time. Landlord shall not be entitled to use any personal property or equipment of Tenant without the prior written consent of Tenant.
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Use of Demised Premises. (a) 8.1 The Demised Premises shall be used for the Permitted Use set forth in Section 1(land occupied only as a warehouse/ and office facility (with incidental related uses) and for no other purpose.
(b) Tenant will permit no liens to attach use or exist against the Demised Premisespurpose without Landlord’s prior written consent, and shall not commit any waste.
(c) The Demised Premises which consent shall not be used for any illegal purposes, and unreasonably withheld. Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by or any part thereof in any way which would violate any certificate of occupancy for the Demised Premises, or any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes, or in any unlawful manner and Tenant shall not suffer or permit the Demised Premises or any part thereof to be used in any manner, or anything to be done therein, or suffer or permit anything to be brought into or kept in the Demised Premises which, in the reasonable judgment of Landlord, shall in any way impair or interfere with the proper and economic heating, cleaning, air conditioning or other servicing of the Landlord’s Premises, or impair or interfere with the use of any of the other areas of the Landlord’s Premises; provided that, in no event shall the foregoing prevent tenant from using the Demised Premises as a warehouse/ and office facility.
8.2 If any governmental license or permit, including, without limitation, a certificate of occupancy shall be required for the proper and lawful conduct of Tenant’s business or other activity carried on in the Demised Premises, and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant, at Tenant’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant’s expense, shall, at all times, comply with the terms and conditions of each such license or permit. Landlord shall obtain and deliver to Tenant an Occupancy Certification and Certificate of Occupancy respectively from the New Jersey Meadowlands Commission and the Borough of Carlstadt at the Commencement Date and thereafter, if a further Certificate of Occupancy or Occupancy Certification is required due to alterations or work at the Demised Premises by Tenant (other than the Allowance Work for which Landlord shall obtain all required Licneses, permits and certificates), the Landlord will provide reasonable assistance to the Tenant in obtaining such a Certificate of Occupancy or Occupancy Certification with Tenant to pay the governmental fee.
8.3 Tenant shall pay not do, nor permit to be done, anything in connection with its occupancy of the Demised Premises which will cause a cancellation or non-renewal of any insurance policy covering said Landlord’s Premises, or otherwise render Landlord’s Premises uninsurable.
8.4 Tenant shall not permit injury to the Demised Premises or to the Landlord’s Premises outside the Demised Premises by any action such additional amount as Additional Rent(1) Concentrating loads on floors, roofs or any other area beyond their capacity, (2) Depositing, or permitting the deposit of any item or substance into storm or sanitary sewer lines which might obstruct or damage same, (3) Discharging excessive quantities of water or any quality of effluent which might overtax or damage the sewer system or plant serving the Landlord’s Premises, (4) Making or permitting any installation or hole in any roof, exterior walls, floor, or outside area, without prior written permission from Landlord, (5) Producing any vibration liable to damage or weaken the structure of the Demised Premises or of the Landlord’s Premises or to undermine the ground supporting same.
8.5 Tenant shall not use or allow the Demised Premises to be used for any, unlawful purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Demised Premises; nor shall Tenant take actions which shall impair or cause revocation of any tax credits or abatements now or hereafter in effect for the Landlord’s Premises.
8.6 Tenant shall not commit or allow to be committed any physical waste in or upon the Demised Premises.
8.7 Tenant shall not use the Demised Premises or permit anything to be done in or about the Demised Premises, which will in any way conflict with any applicable law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or effecting the condition, use or occupancy of the Demised Premises. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between the Landlord and Tenant.
8.8 Tenant warrants and guarantees that its North American Industry Classification Number (NAICS) is 493110, that the Tenant shall not use or permit the Demised Premises to be used as an Industrial Establishment as defined by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. or any rules and regulations promulgated thereunder (collectively, “ISRA”), and that no explosive or highly flammable materials shall be stored, used, generated or disposed of at the Demised Premises.
8.9 Tenant warrants and guarantees that it is not now, and shall not be at any time throughout the Term, an entity with which a citizen of the United States is prohibited from transacting business by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”), including, without limitation, the executive orders and/or lists published by OFAC. Tenant is and throughout the Term shall remain in compliance with all applicable provisions of the USA Patriot Act of 2001, Pub. L. No. 107-56, the Bank Secrecy Act of 1970, as amended, 31 U.S.C. Section 5311 et seq., the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq., the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et seq., and the sanction regulations promulgated pursuant thereto by OFAC, or laws relating to prevention and detection of money laundering, 18 U.S.C. Sections 1956 and 1957.
8.10 Tenant shall not use, nor have access to the roof of the Demised Premises without Landlord’s prior consent in each instance, which consent may be withheld by Landlord in its sole and absolute discretion.
8.11 Landlord represents and warrants that (a) the use and occupancy of the Demised Premises for the uses permitted hereunder does not conflict with any law, statute, ordinance or governmental rule or regulation now in force or any easements, covenants, restrictions, agreements or encumbrances affecting title to the Demised Premises, (b) a permanent certificate of occupancy for the Demised Premises as they will exist on the Commencement Date is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, (c) all other licenses and permits required for Tenant’s use and occupancy of the Demised Premises (other than any license or permit required for the conduct of Tenant’s particular business) is, or prior to the Commencement Date will be, in force and will not be violated by the use and occupancy of the Demised Premises for the uses permitted hereunder, and (d) on the Commencement Date, the heating, ventilating, air condition, plumbing, electrical, mechanical and other systems serving the Demised Premises will be in good working order, repair and condition, and the roof will be free of leaks.
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Use of Demised Premises. (a) The Section 4.01. Subject to and in accordance with the Special Permit, Tenant shall use and occupy the Demised Premises only in accordance with this Lease, the REA, the Special Permit and the Ground Lease, as laboratory and office space for (i) research on and development of composite cultured skin for application in medical procedures or for any other laboratory use permitted pursuant to this Lease, the REA, the Special Permit and the Ground Lease, provided however, that Tenant shall submit to Landlord a revised Plan (as hereinafter defined) for Landlord's review; and (ii) such ancillary use as may be used for the Permitted Use set forth in permitted by Section 1(l) 4.03 hereof and for no other purpose. Landlord hereby acknowledges that Tenant has heretofore delivered to Landlord its Regulatory Compliance Plan (the "Plan") which Plan is attached hereto as Exhibit B and made a part hereof and which Plan (i) identities those activities of and materials to be used by Tenant which are or may be subject to Environmental Legal Requirements or Legal Requirements and (ii) details Tenant's plans and procedures for compliance with Environmental Legal Requirements and Legal Requirements as to each specific regulated material and activity. From time to time, at any time during the Term, Tenant shall revise the Plan to reflect any changes in its activities, materials, Environmental Legal Requirements or Legal Requirements. All such revisions shall be subject to Landlord's prior review and approval, which approval shall not be unreasonably withheld.
(b) Section 4.02. Tenant will shall not use, occupy, suffer or permit no liens to attach or exist against the Demised Premises, and shall not commit or any waste.
part thereof, to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would, in Landlord's judgment, (a) violate any of the provisions of the Ground Lease, the Special Permit, the REA, any other Superior Lease or any Superior Mortgage, including, without limitation the provisions of Section 23.02 (Prohibited Uses) of the Ground Lease, (b) violate any Environmental Legal Requirement, Legal Requirement or Insurance Requirement, (c) The Demised Premises shall not be used constitute an extra-hazardous condition so as to increase the risks involved in Tenant's operations beyond the level of risk normally attendant upon the operation of comparable laboratory space for any illegal purposesthe use permitted under Section 4.01 above, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not make void or voidable any insurance policy then in force with respect to any way violate any law, ordinance portion of the Premises or restrictive covenant affecting the Demised Premises, and shall not in (e) make it impossible or difficult to obtain any manner of the insurance coverage required to be maintained pursuant to this
(1) impair or interfere with the use of any area of the Building by, or occasion discomfort, annoyance or inconvenience to, Landlord or any other occupant or tenant. (m) interfere with access to the Demised Premises so by fire prevention personnel and/or equipment, (n) cause Tenant to default in any of its obligations under this Lease or (o) cause Landlord to be in default of any of its obligations under the Ground Lease or the REA.
Section 4.03. Tenant shall be permitted to use a portion of the Demised Premises for tissue processing relating to Tenant's use as to cause cancellation of, prevent set forth in Section 4.01 above.
Section 4.04. Tenant acknowledges that no temporary or permanent certificate of occupancy has been issued for the use of, or increase Demised Premises. Tenant shall upon completion of Tenant's Work obtain a temporary certificate of occupancy for the rate of, the fire and extended coverage insurance policy required hereunderpremises. Landlord makes no (representation and does hereby expressly disclaim any) covenant, representation or warranty as shall have no liability to Tenant with respect to the Permitted Use being allowed by permissibility of Tenant's use and occupancy of the Demised Premises under applicable zoning ordinances and regulations. If an amendment to a certificate of occupancy, a new certificate of occupancy or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting a zoning variance is required as a result of Tenant's use and/or occupancy of the Demised Premises, then Tenant shall, at Tenant's sole cost and any expense, obtain such amended certificate of occupancy, new certificate of occupancy or zoning lettersvariance for the Building and the Demised Premises. If Landlord determines, copies in its sole and exclusive judgment, that the Demised Premises may not be lawfully occupied by Tenant, then Landlord may, upon thirty (30) days' written notice to Tenant, cancel this Lease.
Section 4.05. Tenant shall have access in common with all other tenants, licensees and other occupants of zoning ordinances or the Building to all areas of the Building designated as common areas by Landlord. In addition, Tenant shall have access to and be permitted to use on a "first come-first served" basis, subject to such reasonable rules and regulations applicable to all tenants, licensees and other information occupants of the Building as Landlord may from any governmental agency or other third party provided time to time reasonably promulgate, such facilities to be constructed at a later date and located within the Building as Landlord shall from time to time designate, such as (by way of example only) conference room(s), copying room(s) and/or a lunch room.
Section 4.06. Promptly after the Commencement Date, Landlord shall provide Tenant by Landlord or any and Tenant's employees with identification cards permitting Tenant and Tenant's employees to enter on and use certain campus facilities of Landlord, in accordance with the rules and regulations of Landlord, including, without limitation, requirements for payment of Landlord's agents applicable fees and charges therefor, as Landlord may from time to time promulgate. Failure of Tenant or Tenant's employees shall be for informational purposes only, Tenant hereby expressly acknowledging to abide by such rules and agreeing that Tenant shall conduct regulations may result in the revocation of any and rely solely on its own due diligence and investigation with respect all privileges accorded by Landlord from time to time to the compliance holders of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesidentification cards.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Samples: Lease (Ortec International Inc)
Use of Demised Premises. Use 8.
(a) The Demised Tenant covenants and agrees that the Premises shall be used and occupied for the Permitted Use set forth in Section 1(l) purposes of _______________________, and for no other purposepurpose or purposes whatsoever, save for those additional uses to which the Landlord, in its sole and absolute discretion, consents in writing.
(b) The Tenant shall comply promptly with and conform of Laws to the requirements of all applicable statutes, by-laws, laws, regulations, ordinances and orders from time to time or at any time in force during the Term of this Lease and affecting the condition, equipment, maintenance, use or occupation of the Premises or fire insurance company by which the Landlord and the Tenant or either of them may be insured at any time during the Term hereof, and, in the event of the default of the Tenant under the provisions of this subclause, which the Tenant upon receiving written notice, fails to care, the Landlord may itself comply with any such requirement as aforesaid and the Tenant will permit no liens to attach or exist against forthwith pay all costs and expenses incurred by the Demised Premises, Landlord in this regard and the Tenant agrees that all such costs and expenses shall not commit any wastebe recoverable by the Landlord as if the same were Additional Rent reserved and in arrears under this Lease.
(c) The Demised Tenant covenants that it will not erect on, fix Wall or fasten to the roof or to the outside walls of the Premises any television or radio antenna, sign, fixture or attachment of any kind whatsoever without first receiving the Landlord's written consent thereto, which consent shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameunreasonably withheld.
(d) The Tenant shall not in do or suffer any way violate waste or damage, Nuisance disfiguration or injury to the Premises or the fixtures and equipment thereof nor permit or suffer any law, ordinance or restrictive covenant affecting overloading of the Demised Premises, floors thereof and shall not in use or permit to be used any manner use part of the Demised Premises so as for any dangerous, noxious or offensive trade or business and shall not do anything or permit anything to cause cancellation ofbe done upon or about the Premises nor anything to be brought thereon which may reasonably be deemed to be a nuisance, prevent the use ofannoyance, grievance, damage or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as disturbance to the Permitted Use being allowed by occupiers or being in compliance with any applicable laws, rules, ordinances owners of the Building and of adjacent lands or restrictive covenants now or hereafter affecting premises as the Demised Premisescase may be, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that the Tenant shall conduct take every reasonable precaution to protect the Premises and rely solely on its own due diligence and investigation with respect to the compliance Building from danger of fire, water damage or the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeeselements.
(e) In The Tenant shall not install or use any Systems electrical or other equipment or electrical arrangement which may overload the event insurance premiums pertaining electrical or other service facilities unless it does so with the express written consent to the Demised Premises, Landlord and at its own expense makes whatever changes are necessary to comply with the Building, or reasonable and lawful requirements of the Building Common Area, whether paid by Landlord or Tenant, are increased over Landlord's insurance underwriters and governmental authorities having jurisdiction and in any event the least hazardous rate available due Tenant shall make no changes until it first submits plans and specifications to the nature Landlord for its prior written approval which approval shall not be unreasonably withheld. Rules and (f) The Tenant covenants and agrees to observe and perform Regulations all rules and regulations which may now or hereafter be promulgated by the Landlord and all of such rules and regulations now or hereafter in force shall be read as forming part of the use terms of this Lease as if the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rentsame were embodied herein.
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) by Tenant as a business or professional office and for no other purpose.
(b) purposes without the prior written consent of Landlord. Tenant will not use the Demised Premises for the purpose of retail sales. Tenant shall not do or permit no liens to attach be done in or exist against about the Demised Premises, and nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or government rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by any standard form of fire insurance policy or will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering the Building or part thereof or any of its contents. Tenant shall not commit any waste.
(c) The do or permit anything to be done in or about the Demised Premises shall not which will in any way obstruct or interfere with the rights of other tenants of the Building, or injure or annoy them or use or allow the Demised Premises to be used for any illegal purposesimproper, and immoral. unlawful or objectionable purpose nor shall Tenant shall not allow, suffer, cause. maintain. or permit any vibrationnuisance in, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agentson, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting about the Demised Premises, and or commit or suffer to be committed any waste in. on or about the Demised Premises. Tenant shall not in any manner use occupy the Demised Premises so as to cause cancellation of, prevent during the term and use of, or increase it for the rate of, the fire and extended coverage insurance policy required hereunderuses permitted herein. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting . Improvement of the Demised Premises. Landlord's standard finish in the Demised premises for Tenant shall be limited to the items set forth in Exhibit A- I attached hereto. It shall be presumed that all work performed by or on behalf of Landlord as required herein was satisfactorily performed in accordance with, and any zoning letters, copies meeting the requirements of. this Lease. unless within sixty (60) days after delivery of zoning ordinances or other information from any governmental agency or other third party provided possession of the space to Tenant by Landlord or any and completion of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that such work Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance notify Landlord, in writing, of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesspecific deficiencies.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purposepurpose without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Tenant will permit no liens to attach or exist against the Demised PremisesPremises (other than for ad valorem real property taxes for the current year), and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute constitutes a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent. Landlord shall promptly notify Tenant of any such increase.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l1(j) and for no other purpose.
(b) Tenant will permit no liens arising by, through or under Tenant to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for any tenant of Landlord or any occupant of the Building or occupying an adjoining building, its customers, agents, licensees or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or any restrictive covenant affecting the Demised PremisesPremises as shown by and included in the Permitted Encumbrances, including specifically, but without limitation, the Protective Covenants (as defined in Section 33), and shall not in any manner use the Demised Premises so as to cause cancellation of, or prevent the use of, or increase the rate of, of the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants covenants, including specifically, but without limitation, the Protective Covenants, and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Use of Demised Premises. (a) The 4.01. Subtenant shall use and occupy the Demised Premises shall be used for the Permitted Uses only, and Subtenant shall at all times comply with all Legal Requirements. Subject to Article 33 hereof, if a Certificate of Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens shall be required pursuant to attach or exist against municipal ordinance to effectuate use of the Demised Premises, Sublandlord shall procure same, at Sublandlord's expense, and Subtenant shall maintain same and shall comply with the terms thereof. Subject to Article 33 hereof, if a Certificate of Occupancy shall be required pursuant to municipal ordinance for the proper and lawful conduct of Subtenant's business in the Demised Premises, Sublandlord, with Subtenant's cooperation as necessary and at Subtenant's * cost and expense, shall procure same diligently and forthwith, and Subtenant shall comply with the terms thereof. Sublandlord shall be solely responsible, at Sublandlord's cost and expense for engaging the Architect to prepare the Plans, as defined in Article 1 of this Sublease. Subtenant shall not commit at any waste.
time use or occupy, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy, the Certificate of Use or other certificate issued by the municipality for the Demised Premises or for the Building or any zoning ordinance; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein or require replacement thereof; (c) The constitutes a violation of the Legal Requirements or Insurance Requirements; or (d) impairs or tends to impair the proper and ---------------------- * landlord economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems.
4.02. Subtenant shall not and hereby represents, warrants and covenants that it will not generate, manufacture, refine, transport, treat, store, handle or dispose of hazardous substance or wastes, as defined in ECRA, now ISRA, N.J.S.A. 13:1K-6 ET SEQ. and P.L. 1993, C. 139 (collectively "ISRA"), the Spill Compensation and Control Act, N.J.S.A. 58:10-23:11 ET SEQ., or any other federal or state environmental law, in or on the Demised Premises other than those in connection with Subtenant's Permitted Use. Should Subtenant cause any hazardous substance or waste, to be discharged in or on the Demised Premises, Subtenant shall, at its sole cost and expense, clean up such discharge in accordance with all applicable laws. Prior to cessation of Subtenant's operation at the Demised Premises, Subtenant shall demonstrate compliance with ISRA by delivering to the Sublandlord any of the following ISRA approvals (the "ISRA" Approvals):
(I) a letter from the New Jersey Department of Environmental Protection and Energy ("NJDEPE") certifying that ISRA does not apply to the cessation of Subtenant's operation at the site, or
(II) a no further action letter or "Negative Declaration" approved by the NJDEPE pursuant to ISRA, or
(III) a certification or letter of compliance that an approved clean-up or remediation plan has been completed. Subtenant shall pay all filing fees and expenses, including any testing and remediation expenses, required to obtain the foregoing except that Sublandlord shall pay for any environmental cleanup not caused by Subtenant, that is required as a result of compliance herewith. Sublandlord shall fully cooperate with Subtenant and provide all reasonably necessary information for Subtenant's compliance. Subtenant shall indemnify and hold Sublandlord harmless from and against any liability including attorney fees, incurred by the Sublandlord as a result of the Subtenant's failure to comply with the requirements of this Article. Subtenant shall keep Sublandlord informed of all such proceedings and shall timely provide Sublandlord with copies of all relevant documents. If Subtenant fails to obtain an ISRA Approval prior to its ceasing operations at the Demised Premises, then, in addition to any other remedy available to Sublandlord, Sublandlord may deem Subtenant to be a holdover Subtenant until such time that an ISRA Approval is obtained. Notwithstanding the foregoing, if Subtenant is proceeding with due diligence and dispatch to obtain same, Subtenant shall be responsible for only regular Fixed Rent (not 150% of Fixed Rent) and other charges which accrue under this Sublease. This provision shall survive termination of the Sublease. In the event Subtenant fails to timely comply with its obligations under this Article, then Sublandlord, at its option, may do so on behalf of Subtenant at Subtenant's cost and expense.
4.03. Notwithstanding the foregoing, it is understood and agreed that Sublandlord shall be responsible for the cost of compliance with Legal Requirements and Insurance Requirements which are applicable generally to the Building and not the result of Subtenant's specific use, provided, however, Subtenant shall not be used for responsible to comply with any illegal purposes, Legal Requirements and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect Insurance Requirements relating to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant structure of the Building or an adjoining building, its customers, agents, relating to conditions or invitees. Upon notice by Landlord to Tenant that any repair which are the responsibility of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameSublandlord under this Sublease.
(d) Tenant shall not in any way violate any law4.04. Notwithstanding the foregoing, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use if compliance with ISRA becomes necessary at the Demised Premises so because of any ISRA triggering event initiated by Sublandlord or Superior Lessor, as to cause cancellation ofthe case may be, prevent Sublandlord shall pay for all costs incurred in obtaining an ISRA Approval and Subtenant shall fully cooperate with Sublandlord in completing and seeking a letter of non-applicability from the use of, or increase the rate of, the fire NJDEPE and extended coverage insurance policy required hereunder. Landlord makes no (Sublandlord shall indemnify and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information hold Subtenant harmless from any governmental agency or other third party provided and all liability, costs and expenses, including without limitation, reasonable attorneys fees, incurred by Subtenant as a result of Sublandlord's failure to Tenant by Landlord or any comply with the requirements of Landlordthis Article. Sublandlord shall comply with ISRA and all requirements of NJDEPE at Sublandlord's agents or employees shall be for informational purposes onlysole expense, Tenant hereby expressly acknowledging and agreeing except that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant Subtenant shall pay such additional amount for any environmental cleanup caused by Subtenant that is required as Additional Renta result of compliance herewith.
Appears in 1 contract
Use of Demised Premises. (a) The Demised Premises shall may only be used for the Permitted Use use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) 1(f). The Demised Premises shall not be used for retail sales or any illegal purposesother retail use whatsoever. No part of the Demised Premises may be used for warehousing or storage of any hazardous materials or so-called "red-labeled" materials or substances, except in accordance with all relevant law, rules, regulations and ordinances of all governmental authorities having jurisdiction.
(b) Notwithstanding anything to the contrary in this Lease, Tenant shall not allowuse or permit the Demised Premises to be used for (i) any unlawful purpose; (ii) in violation of the Building's zoning code designation as the same shall be in force from time to time during the term hereof; (iii) in violation of any certificate of occupancy covering the Demised Premises; (iv) any use which may constitute a public or private nuisance or make voidable any insurance in force relating to the Demised Premises; or (v) any purpose which creates or produces noxious odors, suffersmoke, fumes, emissions, noise or vibrations or disturbs any other tenant of the Building in said tenant's peaceful enjoyment of the Property or said tenant's premises therein.
(c) Tenant shall not cause or permit any vibration, noise, odor, light overloading of the floors of the Building. Tenant shall not install any equipment or other effect items upon or through the roof, or cause openings to occur within or around be made in the Demised Premises that could constitute a nuisance or trespass roof, without Landlord's prior written consent, which consent Landlord shall not be unreasonably withheld. It shall be reasonable for Landlord to withhold its consent from any installation, work or any occupant improvement which would adversely affect the integrity of the Building roof or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that the enforceability of any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameroof warranty.
(d) Tenant shall not in No storage of any way violate any lawgoods, ordinance equipment or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees materials shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, permitted outside the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Parlex Corp)
Use of Demised Premises. (a) The Demised Premises Lessee shall be used for use and occupy (i) the Permitted Use set forth in Section 1(l) Office Space only as general business offices and for no other purpose.
purposes, and (ii) the Storage Space only as storage for supplies and materials customarily used by office building tenants and for no other purposes; (b) Tenant Lessee shall not exhibit, sell or offer for sale on the Demised Premises or in the Building any article or thing except those articles and things essentially connected with the stated use of the Demised Premises, without the advance written consent of Lessor; (c) Lessee will not make or permit no liens to attach be made any use of the Demised Premises which, directly or exist indirectly, is forbidden by public law, ordinance or governmental regulation or which may be dangerous to life, limb or property, or which may invalidate or increase the premium cost of any standard risk policy of insurance carried on the Building or covering its operations; (d) Lessee shall not do, or permit to be done, any act or thing upon the Demised Premises which will be in conflict with standard risk fire insurance policies covering the Building; (e) Lessee, at its sole expense, shall comply with all rules, regulations and requirements of the Illinois Inspection and Rating Bureau, or any other similar body performing the same functions thereof, and shall not do, or permit anything to be done upon the Demised Premises, or bring or keep anything thereon in violation of rules, regulations or requirements of the Fire Department, Illinois Inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such quantity and manner of storage as not to increase the rate of standard risk fire insurance applicable to the Building; (f) Lessee consents to any fire door, which door shall have an alarm signaling entry, in the wall of the Demised Premises required by the Building Department of the City of Chicago, or by any other authority having jurisdiction, provided, however, that Lessee shall have the right to contest the requirement of such door or any other requirement under this Section 15, upon fully indemnifying Lessor against and from all claims, demands, losses, causes of action, including attorney fees, which Lessor may be required to pay as a result of the failure to install such door; (g) Lessee shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building any sign, notice, legend, direction, figure or advertisement, except on the doors, or adjoining the door, of the Demised Premises, and then only such name and names and matter, and in such color, size, style, place, material and general appearance, as shall first have been reasonably approved by Lessor in writing; (h) Lessee shall not commit obstruct, or use for storage, or for any waste.
purpose other than ingress and egress, the sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators or stairway of the Building; (ci) The Demised Premises no bicycle or other vehicle and no dog (other than a seeing eye dog) or other animal or bird shall be brought or permitted to be in the Building or any part thereof; (j) Lessee shall not be used for any illegal purposes, and Tenant shall not allow, suffer, create or permit any vibration, noise, odor, light or other effect to occur within or around maintain a nuisance on the Demised Premises that could constitute a nuisance and shall not solicit or trespass for Landlord or canvass any occupant of the Building or an adjoining buildingBuilding, its customersand shall not do any act tending to injure the reputation of the Building; (k) Lessee shall not install any piano, agentsphonograph, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurringother musical instrument, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance radio or restrictive covenant affecting television set outside the Demised Premises, and shall not in or any manner use the Demised Premises so as to cause cancellation ofantennae, prevent the use of, aerial wires or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting other equipment outside the Demised Premises, without, in each and every instance, prior approval in writing by Lessor. The use thereof, if permitted, shall be subject to control by Lessor to the end that other tenants of the Building shall not be disturbed or annoyed; (l) Lessee shall not place or permit to be placed any zoning lettersarticle of any kind on any interior window ledges or on the exterior walls, copies of zoning ordinances and shall not throw or other information permit to be thrown or dropped any article from any governmental agency window of the Building; (m) Lessee shall not undertake to regulate any thermostat, other than those serving induction units, and shall not waste water by tying, wedging or other third party provided to Tenant by Landlord otherwise fastening open any faucet; (n) no additional locks or any of Landlord's agents or employees similar devices shall be attached to any door or window; no keys for informational purposes onlyany door other than those provided by Lessor shall be made; if more than two keys for one lock are desired by Lessee, Tenant hereby expressly acknowledging and agreeing that Tenant Lessor my provide the same upon reasonable payment by Lessee; upon termination of this Lease or of Lessee's possession, Lessee shall conduct and rely solely on its own due diligence and investigation with respect to the compliance surrender all keys of the Permitted Use with Demised Premises and shall make known to Lessor the explanation of all such applicable lawscombination locks on safes, rules, ordinances cabinets and restrictive covenants vaults; (o) Lessee shall be responsible for the locking of doors and not on any such information provided by Landlord or any the closing of its agents or employees.
(e) In the event insurance premiums pertaining transoms and windows in and to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature ; any damage resulting from neglect of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.this clause shall
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's ’s agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Notwithstanding the foregoing, Industrial Developments International, Inc. (“IDI”), the initial “Landlord” hereunder, hereby represents that, to IDI’s actual knowledge (i) which for purposes of this clause (i) is based solely on that letter from the Office of Planning and Development of the City of Southaven, Mississippi to Mr. Xxxxxx Xxxxxxx of XXX dated July 21, 2006, a copy of which is attached hereto as Exhibit H, the land on which the Building lies is currently zoned “Planned Business Park (PBP)” under the City of Southaven, Mississippi zoning ordinance; and (ii) there are no protective or restrictive covenants that encumber the Property other than as may be included in the Permitted Exceptions.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available for ordinary office, warehouse, assembly, integration and distribution purposes due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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Use of Demised Premises. Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the leased property:
(a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant which will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant certificate of occupancy affecting the Demised Premises, and shall not in any manner use Premises or the Demised Premises so as Building;
(b) which will cause or be likely to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as structural damage to the Permitted Use being allowed by Building or being in compliance with any applicable laws, rules, ordinances part thereof;
(c) which will violate any present or restrictive covenants now future laws or hereafter affecting the Demised Premises, and any zoning letters, copies regulation of zoning ordinances or other information from any governmental agency authority;
(d) which will make void or other third party provided to Tenant by Landlord or voidable any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation insurance then in force with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.Demised Premises;
(e) In which shall increase the event rate of fire and/or casualty insurance premiums pertaining in the Building over that in effect prior to the execution of this Lease Agreement;
(f) which through the use of loud speakers, phonographs, television, or radio broadcasts shall create noise which may be heard outside the Demised Premises, Premises and which could be reasonably considered objectionable by Landlord and/or other Tenants;
(g) which will interfere with the reception or transmission of television or radio signals or other transmission in the Building, ;
(h) which will constitute a public or the Building Common Area, whether paid by private nuisance Landlord or acknowledges and agrees that Tenant, are increased over in addition to using the least hazardous rate available due Demised Premises for office use, will also be using a substantial portion of the Demised Premises for research and development of medical devices. This research and development may entail use of different equipment than that used in general office use and may entail Tenant having to handle certain substances and products in strict accordance with all applicable law. Landlord covenants and agrees that, anything in this Lease to the nature of the contrary notwithstanding, Tenant's use of the Demised Premises by Tenantfor that purpose and the use of the additional machinery and equipment shall in no way at any point in time constitute a default hereunder. Provided, Tenant however, that (i) such research and development activities shall pay not cause an unusually large number of persons to enter the Building or the Demised Premises, (ii) such additional amount as Additional Rentmachinery and equipment shall not create noise, odor or vibration levels that are objectionable to Landlord or other tenants in the Building, and (iii) such additional machinery and equipment shall not use a level of energy which exceeds normal office use.
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Use of Demised Premises. (a) The Demised Premises shall be used for the Permitted Use 5.1. Subject to all other restrictions set forth in Section 1(lthis Lease, the Tenant may use the Demised Premises only for the installation, operation and maintenance (including repair and replacement) of equipment and facilities in connection with Tenant's telecommunications business, executive and general office uses and any other legally permitted uses related thereto, and for no other purpose. For purposes of this Lease, the term "general office use" shall not include use as a school, college, university or educational institution of any type other than the training of Tenant's customers, agents and employees, use as a governmental agency, use for any purpose which is not consistent with the operation of the Buildings as first-class office buildings, use as an employment, recruitment or temporary help service or agency, or any use involving regular traffic by the general public.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and 5.2. Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around use of the Demised Premises that could constitute a nuisance which creates any safety or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agentsenvironmental hazard, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
which would: (di) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining dangerous to the Demised Premises, the BuildingBuildings, or other tenants in the Buildings, (ii) be disturbing to other tenants of the Buildings, or (iii) cause any increase in the premium cost for any insurance which Landlord may then have in effect with respect to the Buildings generally, unless Tenant refuses to pay such additional costs.
5.3. This Lease includes the right of Tenant to use the Common Building Facilities in common with other tenants of the Buildings. The words "Common AreaBuilding Facilities" shall mean all of the facilities in or around the Buildings designed and intended for use by the tenants of the Buildings in common with Landlord and each other, whether paid including corridors; elevators; fire stairs; telephone and electric closets; telephone trunk lines and electric risers; aisles; walkways; truck docks; plazas; the roof and Building Parking Area to the extent not reserved for exclusive use by Landlord or Tenantothers; courts; restrooms; service areas; lobbies; landscaped areas, are increased over the least hazardous rate available due to the nature and all other common and service areas of the Buildings intended for such use on the date hereof; excluding, however, (1) that part of the roof of the Buildings licensed for the exclusive use of Tenant in accordance with Section 33.7 and/or 33.8 and (2) the Demised Premises restrooms, lobbies, corridors and telephone and electric closets on floors leased entirely by Tenant, Tenant which shall pay such additional amount as Additional Rentbe for the exclusive use of Tenant and shall not be used in common with other tenants or occupants of the Buildings.
Appears in 1 contract
Samples: Lease Agreement (Corporate Office Properties Trust Inc)
Use of Demised Premises. 4.1 Tenant shall not use and occupy the Demised Premises for any use other than the Permitted Use. Tenant shall not use or permit the Demised Premises or any part thereof to be used for (a) The any unlawful or hazardous purpose; or (b) the manufacture of any commodity or good (collectively, the “Restricted Uses”). Tenant shall comply with all present and future laws, ordinances (including zoning ordinances and land use requirements), regulations and orders of all governmental and/or quasi-governmental authorities having jurisdiction over the Project pertaining to, or in connection with the Demised Premises or Tenant’s use and occupancy of the Demised Premises. Further, Tenant agrees that: LEASE AGREEMENT 14
(a) Tenant shall not commit or permit waste in or about the Project, and shall operate in a clean, safe and sanitary manner (provided Tenant shall not be used responsible for the Permitted Use set forth in Section 1(l) performing any of Landlord’s service or maintenance and for no other purposerepair obligations hereunder).
(b) Tenant will permit no liens to attach or exist against No additional locks shall be placed upon any door of the Demised Premises, and Tenant shall not commit permit any wasteduplicate keys to be made, without the prior written consent of Landlord which shall not be unreasonably withheld or delayed; provided however, Tenant shall ensure that Landlord have the ability to have access to the Demised Premises at all times.
(c) The Demised Premises Animals shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur permitted within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameother than service animals.
(d) Tenant shall not in install any way violate any law, ordinance window treatments other than existing treatments or restrictive covenant affecting otherwise obstruct the Demised Premises, and shall not in any manner use windows of the Demised Premises so as to cause cancellation ofin a manner which violates the Historic Credit Standards, prevent the use ofwithout Landlord’s prior written consent, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees which consent shall not be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesunreasonably withheld.
(e) In Any person(s) or companies, other than Landlord’s selected janitorial service, who shall be employed or engaged by Tenant for the event insurance premiums pertaining purpose of cleaning the Demised Premises shall be employed at Tenant’s cost. Tenant shall indemnify, defend and hold Landlord harmless from all losses, claims, liability, damages and expenses for any injury to persons or damage to property of Tenant, or third persons, caused by Tenant’s cleaning contractor.
(f) No smoking shall be permitted in, on or about the Project.
(g) Unless Landlord gives advance written consent in each and every instance, Tenant shall not install or operate any steam or internal combustion engine, boiler, machinery, or use the Demised Premises for housing accommodations or lodging for sleeping purposes, install gas grills on the Building roof (the approval for which shall not be unreasonably be withheld), or use any illumination visible from the outside of the Building other than electric light.
4.2 Tenant shall pay any business, rent or other taxes that are now or hereafter levied upon Tenant’s use or occupancy of the Demised Premises, the Buildingconduct of Tenant’s use or occupancy of the Demised Premises, Tenant’s business in the Demised Premises, or Tenant’s equipment or other personal LEASE AGREEMENT 15 property, other than taxes relating to Landlord’s income. In the event that any such taxes are enacted, changed or altered so that any of such taxes are levied against Landlord, or the Building Common Areamode of collection of such taxes is changed so that Landlord is responsible for collection or payment of such taxes, whether paid by Tenant shall pay any and all such taxes to Landlord upon written demand from Landlord. Landlord shall be deemed to be the owner of the Tenant’s Work and Alterations (as hereinafter defined) constructed with Landlord’s consent and shall be responsible for all taxes and insurance coverage for such improvements. Tenant agrees not to request or Tenantseek any form of personal property tax abatement or exemption from the City, are increased over the least hazardous rate available due State, or any other political subdivision thereof for the Project.
4.3 Tenant will not do, or permit anything to be done in the Demised Premises or the Project or bring or keep anything therein which shall, in any way, be illegal or cause the Demised Premises to be uninsurable, or prior to the nature end of the Base Year, increase the rate of insurance on the Building or on the property kept therein, or obstruct or conflict with the fire laws or regulations, or with any statutes, rules or regulations enacted or established by any applicable governmental entity.
4.4 Landlord hereby represents and warrants to Tenant that (1) Tenant’s use of the Demised Premises by for general office purposes does not violate applicable zoning laws and (2) Tenant’s Permitted Use at the Demised Premises does not violate any agreement to which Landlord is a party or to which the Project will be subject. Landlord agrees to reasonably cooperate with Tenant to obtain any necessary Move In Approvals required for Tenant’s Permitted Use and the installation of Tenant’s FF&E, including Landlord preparing and executing reasonable applications.
4.5 The parties acknowledge that, the installation of the Project security equipment (“Security Equipment”) shall be done as part of Landlord’s Work and part of Tenant’s Work. Tenant shall pay such additional amount as Additional Rentcontrol the security services and Security Equipment with respect to the Demised Premises. Tenant may limit access to the software and information provided by the Security Equipment in order to protect Tenant’s trade secrets and information related to Tenant’s business; provided, however, Landlord shall have reasonable access to: (a) the real time information provided by the exterior cameras at all times; (b) the video information related to any claim by any third party against Landlord; (c) information relevant to LEASE AGREEMENT 16 a dispute between Landlord and Tenant; and (d) information relevant to an event resulting in casualty and property damage.
Appears in 1 contract
Samples: Lease Agreement (Laclede Group Inc)
Use of Demised Premises. 4.1 Lessee (aand any permitted assignee or sublessee of Lessee) The shall use the Demised Premises shall be used for a brewery with a taproom. The Lessee will not use or suffer or permit the Permitted Use set forth in Section 1(l) and usage of the Demised Premises for no any other purposeallowed purposes.
(b) Tenant will 4.2 Lessee shall not use the Demised Premises in such a way as to cause unreasonable depreciation or an increase in the insurance rates applicable to the Demised Premises. Lessee shall neither permit no liens to attach nor suffer any disorderly conduct, noise, or exist against nuisance whatever about the Demised Premises, and Lessee shall not commit any waste.
(c) The use or permit the Demised Premises shall not to be used for any illegal purposes, and Tenant shall not allow, sufferbusiness or purpose deemed by Lessor to be extra hazardous, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, which constitutes a violation of any present or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable future laws, rules, ordinances regulations, requirements, or restrictive orders of any lawful governmental or public authority relating to the Demised Premises. Lessee-covenants and agrees at its cost to promptly comply with all such laws, regulations, ordinances, and every order or regulation now or hereafter affecting enacted of the Demised PremisesUnited States, and any zoning lettersor the City of Lyons, copies County of zoning ordinances Boulder, or other information from any governmental agency or other third party provided to Tenant by Landlord the State of Colorado, or any of Landlord's agents department, bureau or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums board thereof pertaining to the Demised Premises.
4.3 Lessee shall not commit waste or allow any waste to be committed in or upon the Demised Premises or any public or private nuisance or other act or thing which may disturb the quiet enjoyment of any other tenants in the Property. Lessee shall not allow any carts, the Buildingportable signs, devises, or other objects to be stored outside the Building Common AreaDemised Premises. All trash and rubbish of Lessee shall be deposited within receptacles in areas as may be designated by Lessor. Lessee shall not cause or permit the Demised Premises or the floors or walls thereof to be endangered by overloading. Xxxxxx acknowledges that neither Lessor nor any agent of Xxxxxx has made any representation or warranty concerning the suitability or the Demised Premises or the Property for the conduct of Xxxxxx's business.
4.4 Lessee covenants and agrees that throughout the term of this Lease, whether paid by Landlord or Tenant, are increased over Lessee shall in good faith operate the least hazardous rate available due Demised Premises for the purposes permitted under paragraph 4.1 above with the goal that such operations shall provide the maximum sales to be derived from the Demised Premises and the utmost benefit to the nature Property as a whole. Without limitation on the generality of the use of foregoing, Lessee shall keep the Demised Premises open for business throughout such business hours as are designated by Lessor from time to time.
4.5 Lessee shall not permit any business to be conducted in or from the Demised Premises by Tenantany concessionaire or licensee without the prior written consent of Lessor, Tenant shall pay such additional amount as Additional Rentwhich may be withheld in Lessor's discretion.
Appears in 1 contract
Samples: Lease Agreement
Use of Demised Premises. (a) The 4.01. Tenant shall use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposesUses, and Tenant shall not allow, suffer, use or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of suffer the use of the Demised Premises or any part thereof for any other purpose.
4.02. If any governmental license or permit, including a certificate of occupancy or certificate of continued occupancy (a "Certificate of Occupancy") shall be required for the proper and lawful conduct of Tenant's business in the Demised Premises or any part thereof, Tenant shall duly procure and thereafter maintain such license or permit and submit the same to Landlord for inspection. Tenant shall at all times comply with the terms and conditions of each such license or permit. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy the Demised Premises, or do or permit anything to be done in the Demised Premises, in any manner which (a) violates the Certificate of Occupancy for the Demised Premises or for the Building; (b) causes or is liable to cause injury to the Building or any equipment, facilities or systems therein; (c) constitutes a violation of the Legal Requirements or Insurance Requirements; (d) impairs or tends to impair the character, reputation or appearance of the Building; (e) impairs or tends to impair the proper and economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; or (f) annoys or inconveniences or tends to annoy or inconvenience other tenants or occupants of the Building.
4.03. Tenant shall not conduct any warehouse sale at the Demised Premises without Landlord's prior written consent. Provided Tenant is not in default of its obligations under this Lease, Landlord agrees not to unreasonably withhold its consent to not more than three (3) warehouse sales in any consecutive twelve (12) month period. Tenant shall pay to Landlord as an Additional Charge, an amount equal to five percent (5%) of Gross Receipts (as hereinafter defined) from any warehouse sale conducted at the Demised Premises, payable within fifteen (15) days after the warehouse sale. Tenant shall comply, at Tenant's sole cost and expense with all Legal Requirements with respect to any warehouse sale. Any warehouse sale conducted by Tenant shall be not more than four (4) consecutive days in duration. As used herein Gross Receipts shall mean the dollar aggregate of: (a) the actual sales price of all goods and merchandise sold, leased or licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at such warehouse sale, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, including, without limitation, sales and services (i) where the orders therefor originate at or are accepted at or from the Demised Premises, whether delivery or performance thereof is made at or from the Demised Premises or any other place, it being understood that all sales made and orders received at or from the Demised Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, and (ii) where the orders therefor result from solicitation off the Demised Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Demised Premises, and (b) all monies or other things of value received by Tenant from its operations at the Demised Premises (which are not excluded from Gross Receipts by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Receipts shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Demised Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Demised Premises, or (y) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Receipts shall be deducted from Gross Receipts in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Receipts, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Receipts for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price irrespective of the time when Tenant shall pay such additional amount as Additional Rentreceive payment from its customer. For purposes of this paragraph the word "Tenant" shall include any of Tenant's subtenants, concessionaires and licensees.
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Samples: Lease Agreement (Childrens Place Retail Stores Inc)
Use of Demised Premises. (a) The Demised Premises It is understood and agreed between the parties hereto and Tenant covenants that the premises during the continuance of this lease shall be used for the Permitted Use set forth in Section 1(land occupied only as a warehouse (hereinafter "Tenant's permitted use") and for no other purpose.
(b) purpose or purposes whatsoever, without the prior written consent of Landlord. Tenant will permit no liens agrees to attach or exist against operate its business within the Demised Premisesdemised premises for such use during the entire term of this lease, and to conduct its business at all times in a high-class, business-like and reputable manner. Tenant shall not commit make no unlawful, improper or offensive use of the demised premises, and Tenant expressly agrees to abide by and conform to all present and future applicable zoning regulations, environmental laws and regulations, all building codes and all other ordinances, laws, rules and regulations, foreseen and unforeseen, imposed by any waste.
(c) The Demised Premises governmental, regulatory and/or insurance authoritites having jurisdiction over the demised premises or the use thereof. Tenant agrees that the plumbing facilities shall not be used for any illegal purposesother purposes than that for which they are constructed, and Tenant no foreign substances of any kind shall not allowbe thrown or permitted therein, sufferand the expense of any breakage, improper drainage, obstruction, stoppage, pollution, or permit damage to any vibrationportions of the premises or surrounding area, noisethe warehouse water and sewer lines outside the premises resulting from a violation of this provision shall be borne by Tenant in addition to the maintenance and repair obligations stated in Section 5 of this lease. Tenant will not do or suffer to be done, odoror keep or suffer to be kept, light anything in, upon or about the premises which will violate Landlord's policies of hazard or liability insurance or which will prevent Landlord from procuring such policies from companies acceptable to Landlord. If anything done, omitted to be done or suffered by Tenant to be kept in, upon or about the premises shall cause the rate of fire or other effect to occur within insurance on the premises or around the Demised Premises that could constitute a nuisance or trespass for on other property of Landlord or of others within the warehouse to be increased beyond the minimum rate from time to time applicable to the premises or to any occupant of such property for the Building use or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurringmade thereof, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any lawwill pay, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate ofadditional rental, the fire and extended coverage insurance policy required hereunder. Landlord makes no amount of any such increases within ten (and does hereby expressly disclaim any10) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of days after Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employeesdemand therefor.
(e) In the event insurance premiums pertaining to the Demised Premises, the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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Use of Demised Premises. (a) The During the continuation of this Lease, the Demised Premises shall be used and occupied for the Permitted Use set forth in Section 1(l) storage and distribution of apparel, ancillary office purposes and operation of a retail store and for no other purposepurposes without the written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall not use the Demised Premises for any purpose in violation of any law, municipal ordinance or regulation, nor shall Tenant perform any acts or carry on any practices which may injure the Demised Premises or the Building or be a nuisance, disturbance or menace.
(b) Tenant will shall not permit no liens to attach or exist against the Demised Premises, and shall not commit any waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised Premises, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of, the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises, and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third party provided to Tenant by Landlord or any of Landlord's agents or employees shall be for informational purposes only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules, ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or employees. Landlord shall not voluntarily initiate any action which would cause a change in zoning laws and ordinances applicable to the Demised Premises so as to result in the Permitted Use being in violation of such zoning laws or ordinances nor support any such action initiated by a third party.
(e) In the event insurance premiums pertaining to the Demised Premises, Premises or the Building, or the Building Common Area, whether paid by Landlord or Tenant, are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenant, Tenant shall pay such additional amount as Additional Rent.
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