Common use of Use of Demised Premises Clause in Contracts

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 (NationsHealth, Inc.), Industrial Lease Agreement (Syratech Corp)

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Use of Demised Premises. (a) The Lessee covenants that the Demised Premises shall be used solely for the Permitted Use set forth in Section 1(l) VEHICLE AND BUS PARKING, MAINTENANCE AND REPAIR, administrative offices, lodging with respect to 0 Xxxxx Xxxxxx and for no other purpose. (b) Tenant will , unless approved in writing by Lessor. Lessee shall not do or permit no liens any act or thing which is contrary to attach any Legal Requirements or exist against Insurance Requirements, or which might impair the value or usefulness of the Demised PremisesPremises or any part thereof. Lessee shall not use, or allow the Demised Premises or any part thereof or any Improvements now or hereafter erected thereon or any appurtenances thereto to be used or occupied, for any unlawful purpose or in violation of any certificate of occupancy, and shall not commit suffer any waste. (c) The Demised Premises shall not act to be used for done or any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect condition to occur exist 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, agentspart thereof, 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 Improvements now or hereafter affecting the Demised Premiseserected thereon, 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 appurtenance to the Demised Premises, the Buildingor permit any article to be brought therein, which may be dangerous, unless safeguarded as required by law, or the Building Common Areawhich may constitute a nuisance, whether paid by Landlord public or Tenantprivate, are increased over the least hazardous rate available due or which may make void or voidable any insurance in force with respect thereto. Lessee shall not do or suffer any waste, damage, disfigurement or injury to the nature of Demised Premises. Lessee shall not permit the use of spilling, discharge, release, deposit or placement on the Demised Premises by Tenantor any part thereof, Tenant whether in containers or other impoundments, of any substance which is a hazardous or toxic substance within the meaning of any applicable environmental law. Landlord shall pay such additional amount as Additional Rentbe authorized to build a dock on the Premises and utilize it in a way to receive income.

Appears in 2 contracts

Samples: Lease (Atlantic Express Transportation Corp), Lease (Atlantic Express Transportation Corp)

Use of Demised Premises. (a) 4.1 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 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 4.2 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 's 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 1 contract

Samples: Lease Agreement (Home Products International Inc)

Use of Demised Premises. MAINTENANCE OF LIQUOR LICENSES. (a) The Tenant shall use the Demised Premises shall be used only for the Permitted Use set forth Use. Any other use shall be subject to the prior written consent of Landlord, which may be withheld in Section 1(l) and for no other purposeLandlord’s reasonable discretion. (b) Tenant shall not cause or permit any Hazardous Material (as herein after defined) to be brought upon, transported through, stored, kept, used, discharged or disposed in or about the Property by Tenant, its agents, employees or contractors, except that any such Hazardous Material brought upon, transported, used, kept or stored in or about the Property which is necessary for Tenant to operate its business for the Permitted Use will permit no liens be brought upon transported, used, kept and sorted in only such quantities as are necessary for the usual and customary operation of Tenant’s business and in a manner that complies with (i) all laws, rules, regulations, ordinances, codes or any other governmental restrictions or requirements of all federal, state and local government authorities having jurisdiction thereof regulating such Hazardous Material, (ii) any permits issued for any such Hazardous Material (copies of which must be delivered to attach Landlord before any Hazardous Material is brought in, on or exist against about the Property), and (iii) all products and manufacturers’ instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, codes or permits. If Tenant, its agents, employees or contractors, in any way breach the obligations stated in this subparagraph 8(b), or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in release or threatened release of such Hazardous Material, on from or under the Property in violation of law, or if the presence on, from or under the Property of Hazardous Materials otherwise arises out of the operation of Tenant’s business in violation of law, Tenant shall indemnify, defend, and hold harmless Landlord (and Landlord’s directors, shareholders, officers, employees, partners, agents, mortgagees or successors to Landlord’s interest in the Demised Premises) (collectively, herein “Indemnity”) from any and all claims, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, fees or expenses (including without limitation attorney, consultant and expert fees and any fees incurred by Landlord to enforce the Indemnity) which arise during or after the Term as a result of Tenant’s breach of such obligations or such contamination of the Property violation of law as provided in this subparagraph 8(b). The Indemnity includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on, under or originating from the Property if it is determined that Tenant caused or permitted such Hazardous Material to be present in the soil or groundwater in violation of law. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Tenant results in any contamination, release or threatened release of Hazardous Material on, from or under the Property or other properties in violation of law, Tenant shall promptly take all actions at its sole cost and expense which are necessary to return the Property and any other affected property to the condition existing prior to the introduction of such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained (which approval shall not be unreasonably withheld) and so long as such actions do not have or would not potentially have any material adverse effect on Landlord, on the Property or on other property. The Indemnity contained in this subparagraph 8 (b) shall survive the expiration or earlier termination of this Lease and shall not commit survive any wastetransfer of Landlord’s interest in the Property. (c) The Demised In conjunction with the operation of the Premises for its Permitted Use, Tenant has obtained a hotel and restaurant class liquor license and adult cabaret liquor license from the State of Colorado and the City and County of Denver (“Liquor Licenses”). Tenant shall not be used solely responsible for any illegal purposes, and Tenant shall not allowpay any and all fees, sufferassessments, charges, levies or other monetary obligations imposed in connection with the Liquor Licenses as required by applicable law. In the event Tenant receives any notice of violation, citation, written or oral warning, or permit any vibrationcomplaint, noiseobjection, odoror challenge to the Liquor Licenses, light Tenant shall notify Landlord in writing of such information within three (3) days of receipt of such written or oral notice and, if such notice was written, Tenant shall include in said notice a copy of any notice, citation, correspondence or other effect written information provided to occur within or around Tenant. Tenant shall utilize its best efforts to maintain the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant Liquor Licenses in good standing and in full compliance with the rules, regulations, ordinances and statutes of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any City and County of Denver and the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameState of Colorado. (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 The Demised Premises so as to cause cancellation of, prevent will be operated under the use of, or increase the rate of, the fire and extended coverage insurance policy required hereundername “Diamond Cabaret”. 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 of a default whereby Tenant, ’s rights in this Lease are increased over the least hazardous rate available due to the nature of the use of the Demised Premises by Tenantterminated, Tenant shall pay forever relinquish any and all rights it may have to the name “Diamond Cabaret” at the location of the Premises and Landlord shall be fully entitled to use such additional amount as Additional Rentname at the Premises at its sole discretion without claim by Tenant.

Appears in 1 contract

Samples: Lease Agreement

Use of Demised Premises. (a) The Section 6.01 Except as may otherwise be permitted by the prior written consent of Lessor, Lessee shall use the Demised Premises and any buildings, structures, improvements, fixtures, or equipment now or hereafter constructed, erected or installed below or above the Demised Premises only as a light manufacturing facility and/or a warehouse and office which shall include the sale of all goods, wares and merchandise and the performance of such services as are incidental to such business and for no other purpose except related incidental uses and shall not under any circumstances use or occupy, nor permit or suffer the Demised Premises or buildings, structures, improvements, fixtures or equipment now or hereafter constructed, erected or installed on, below or above the Demised Premises or any part thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor for any business, use or purpose which may be considered extra hazardous unless insurance covering any such hazard, satisfactory to Lessor and for the benefit of Lessor, is first provided and upon written consent of Lessor, nor in any such manner to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any certificate of occupancy or the equivalent thereof, if any, or of any present or future governmental laws, ordinances, requirements, orders, directions, rules or regulations. No storage of any material outside of the buildings on the Demised Premises shall be used for the Permitted Use set forth allowed unless first approved by Lessor in Section 1(l) and for no other purpose. (b) Tenant will permit no liens to attach or exist against the Demised Premiseswriting, and then only in such areas as are designated by Lessor. Lessee shall not commit any waste. (c) The Demised Premises shall not be used for any illegal purposesindemnify and save harmless Lessor against and from all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims and Tenant shall not allowdemands, sufferincluding reasonable counsel fees, arising out of, by reason of, or permit on account of, any vibrationviolation of or default in the covenants of this article. No auction, noise, odor, light fire or other effect to occur within or around bankruptcy sales may be conducted on the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant without the prior written approval and consent 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 sameLessor. (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

Samples: Lease Agreement (Vari L Co Inc)

Use of Demised Premises. (a) 4.1 The Tenant shall use and occupy the Demised Premises shall be used for the Permitted Use set forth in Section 1(l) general office purposes and for no other purpose. (b) purpose whatsoever. The Tenant will shall not use or permit no liens to attach or exist against the Demised Premises, and shall not commit Premises or any waste. (c) The Demised Premises shall not part thereof to be used for any illegal purposesdisorderly, unlawful, or hazardous purpose and will not manufacture any commodity therein. Tenant shall not allowcomply with all present and future laws, sufferordinances (including zoning ordinances and land use requirements), 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 regulations and orders 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 all governmental and/or quasi-governmental authorities having jurisdiction over the Demised Premises. 4.2 Tenant shall pay any business, and shall not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, rent 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 other taxes that are now or hereafter affecting the Demised Premises, and any zoning letters, copies levied upon Tenant’s use or occupancy 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 Buildingconduct of Tenant’s use or occupancy of the Demised Premises, or Tenant’s business in the Demised Premises, or Tenant’s equipment or other personal 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 Area, whether paid by mode of collection of such taxes is changed so that Landlord is responsible for collection or Tenant, are increased over the least hazardous rate available due to the nature payment of the use of the Demised Premises by Tenantsuch taxes, Tenant shall pay any and all such additional amount as Additional Renttaxes to Landlord upon written demand from Landlord. 4.3 The Tenant will not do, or permit anything to be done in the Demised Premises or the Building of which they form a part or bring or keep anything therein which shall, in any way, be illegal or increase the rate of fire or other insurance on the Building, or on the property kept therein, or obstruct, or interfere with the rights of other tenants, or in any way injure them, or those having business with them or conflict with them, or conflict with the fire laws or regulations, or with any statutes, rules or regulations enacted or established by the City of Creve Coeur or other governmental entity.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare 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 prior written 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 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. (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

Samples: Industrial Lease Agreement (Pfsweb Inc)

Use of Demised Premises. (a) SECTION 1. The Demised Premises Lessee shall be used have the right to use the demised premises for the Permitted Use set forth in Section 1(l) Uses and for no other purposepurpose whatsoever, but in no event shall Lessee conduct at the demised premises any use or do anything which constitutes a nuisance or violates any provisions of any zoning, building or other applicable laws, ordinances or regulations. SECTION 2. Lessee further agrees as follows: (a) Lessee shall always conduct its operations in the demised premises under its present trade name or any future trade name which is not offensive or in violation of law, unless Lessor shall otherwise consent in writing, which consent shall not be unreasonably withheld; (b) Tenant will permit no liens to attach or exist against the Demised Premises, and Lessee shall not commit permit any waste.auction, fire, going-out-of-business, or bankruptcy sales or any retail sales whatsoever to be conducted within the demised premises, without the prior written consent of the Lessor; (c) The Demised Premises Lessee shall not be used for any illegal purposesuse the sidewalks, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light parking areas or other effect to occur within outside areas for advertising or around the Demised Premises that could constitute a nuisance business purposes (except as expressly provided herein) 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 otherwise obstruct the same.; (d) Tenant shall not in any way violate any lawLessee shall, ordinance or restrictive covenant affecting at its own cost and expense, be responsible for the Demised Premisesprompt regular removal of all trash, refuse, and the like, from the demised premises and shall not insure that same be kept 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 covered containers at 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.times; (e) In Intentionally omitted; (f) Lessee shall take whatever measures are necessary to insure that floor load limitations are not exceeded in the event insurance premiums pertaining demised premises; and (g) Lessee shall not cause any offensive odors or loud noise (including, but without limitation, the use of loudspeakers), nor take nor permit any action which constitutes a nuisance or menace to the Demised Premises, any other occupant of other premises in the Building, and in no event shall any loud noises or offensive odors be emitted from 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 Rentdemised premises.

Appears in 1 contract

Samples: Lease Agreement (American Science & Engineering Inc)

Use of Demised Premises. (a) The Tenant may use and occupy the Demised Premises solely for purposes of general office, fabrication and assembly, engineering, research and development, testing and repair, water processing, storage of materials, and machine shop use subject to, and in accordance with all other provisions of this Lease and all applicable zoning and other governmental regulations. Tenant shall not abandon or substantially abandon the Demised Premises. Tenant shall not obstruct, interfere, or conflict with, the rights of other tenants, or conflict with the fire laws or regulations, or with any insurance policy upon the Property or any part thereof, or with any statutes, rules or regulations now existing or subsequently enacted or established by local, state or federal governments, nor shall Tenant use or permit the Demised Premises, or any part thereof, to be used for the Permitted Use set forth in Section 1(l) and any disorderly, unlawful or extra hazardous purposes, nor for no any purpose other purposethan hereinabove specified. (b) The Tenant will permit no liens to attach shall not manufacture, store, install, discharge, release, discard, incinerate, burn or exist against otherwise use, introduce or dispose of any of the following substances on the Property, in the Demised Premises, into or through the sewer, drainage system, ground, or the air: (i) any "hazardous waste" as defined by the Resource Conservation and shall not commit Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder; (iii) any "hazardous waste" or "hazardous substance" as may be defined by any applicable local, county, state, commonwealth or other federal law, as amended from time to time, and regulations promulgated thereunder; (iv) asbestos or asbestos containing material; (v) polychlorinated biphenyls in concentrations greater than 50 parts per million; (vi) any other material or substance, whether solid, gaseous or liquid, the presence of which is prohibited by any law similar to those set forth in this Subsection or otherwise addressing environmental or health matters. (c) The Notwithstanding subparagraph (b) above, nothing herein shall preclude Tenant from conducting operations and using and disposing of substances and materials in the normal course of its business in accordance with both federal law and the hazardous waste permits issued and maintained with the City of Alexandria, shown on Exhibit B, annexed hereto and incorporated herein, provided that such substances and materials have been expressly approved by the Landlord, which approval shall be granted in its sole and absolute discretion. All substances used in or upon the Demised Premises shall not be used for any illegal purposesdelivered, used, removed, and disposed of in accordance with all applicable federal, state and local laws. The Tenant shall not allow, suffer, or permit indemnify the Landlord and any vibration, noise, odor, light or other effect to occur within or around lender secured by the Demised Premises that could constitute for any damages, cost or expense, including attorney fees, incurred as a nuisance or trespass for Landlord or any occupant result of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any breach of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameTenant's covenant in this Paragraph 7. (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

Samples: Lease Agreement (CVC Inc)

Use of Demised Premises. (a) Section 1. The Demised Premises Lessee shall be used have the right to use the demised premises for the Permitted Use set forth in Section 1(l) Uses and for no other purposepurpose whatsoever, but in no event shall Lessee conduct at the demised premises any use or do anything which constitutes a nuisance or violates any provisions of any zoning, building or other applicable laws, ordinances or regulations. Section 2. Xxxxxx further agrees as follows: (a) Lessee shall always conduct its operations in the demised premises under its present trade name or any future trade name which is not offensive or in violation of law, unless Lessor shall otherwise consent in writing, which consent shall not be unreasonably withheld; (b) Tenant will permit no liens to attach or exist against the Demised Premises, and Lessee shall not commit permit any waste.auction, fire, going-out-of-business, or bankruptcy sales or any retail sales whatsoever to be conducted within the demised premises, without the prior written consent of the Lessor; (c) The Demised Premises Lessee shall not be used for any illegal purposesuse the sidewalks, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light parking areas or other effect to occur within outside areas for advertising or around the Demised Premises that could constitute a nuisance business purposes (except as expressly provided herein) 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 otherwise obstruct the same.; (d) Tenant shall not in any way violate any lawLessee shall, ordinance or restrictive covenant affecting at its own cost and expense, be responsible for the Demised Premisesprompt regular removal of all trash, refuse, and the like, from the demised premises and shall not insure that same be kept 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 covered containers at 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.times; (e) In Intentionally omitted; (f) Lessee shall take whatever measures are necessary to insure that floor load limitations are not exceeded in the event insurance premiums pertaining demised premises; and (g) Lessee shall not cause any offensive odors or loud noise (including, but without limitation, the use of loudspeakers), nor take nor permit any action which constitutes a nuisance or menace to the Demised Premises, any other occupant of other premises in the Building, and in no event shall any loud noises or offensive odors be emitted from 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 Rentdemised premises.

Appears in 1 contract

Samples: Standard Form Lease (American Science & Engineering Inc)

Use of Demised Premises. (a) The During the Lease Term, Tenant’s use of the Demised Premises shall be for a call center, general office and administrative use or any other lawful use consistent with Tenant’s business operations. Without limiting the provisions of this Section IV, or Sections 0, or I, 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 Demised Premises, in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which may make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or which may result in increases in insurance costs of Landlord, or as will cause or be apt to cause structural injury to the Improvements or any part thereof or adversely affect any Building systems or equipment, or as will constitute a public or private nuisance, and shall not use or occupy the Demised Premises in a manner which may violate any present or future laws, regulations, ordinances or requirements of the Federal, State or municipal governments, or of any departments, subdivision, bureaus or offices thereof, or of any other governmental, public or quasi-public authorities now existing or hereafter created, having jurisdiction in the Demised Premises; provided, however, that Tenant may, in good faith (and wherever necessary in the name of, but without expense to, the Landlord) contest the validity of any such laws, regulations, ordinances or requirements and, pending the determination of such contest, may postpone compliance therewith, except that the Tenant shall not so postpone compliance therewith if such postponement will subject the Landlord to any fine or penalty or to prosecution for the Permitted Use set forth in Section 1(l) and for no other purpose. (b) a crime. Tenant will permit no liens indemnify, defend and save harmless Landlord, in Landlord’s individual as well as Landlord’s representative capacity, if any, against any recovery or loss to attach which Landlord may be subject or exist which Landlord may sustain, including reasonable attorney fees and expenses incurred by Landlord arising from any breach of this covenant or by reason of any action or proceedings which may be brought against Landlord or against the Demised Premises, and shall not commit or any waste. (c) The Demised Premises shall not be used for part thereof, by virtue of any illegal purposesviolation by Tenant of such laws, regulations, ordinances or requirements, and except that Tenant shall not allow, suffer, indemnify Landlord against the negligence 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 willful acts of the Building or an adjoining buildingLandlord, 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, agents 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

Samples: Purchase and Sale Agreement (Dts, Inc.)

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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 PremisesPremises for work ordered or contracted by Tenant, and shall not commit any waste, reasonable wear and tear excepted. (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 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 restrictive covenant in effect as of the Lease Date, the Protective Covenant referred to in Special Stipulation 13, or any law or ordinance 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. Landlord represents and warrants that, as of the Lease Date, the Building and land on which it is situated is zoned Industrial under PUD under the Weston Zoning Code. (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 specific use of the Demised Premises by Tenant, Tenant shall cease the extra-hazardous use or pay such additional amount as Additional Rent.

Appears in 1 contract

Samples: Industrial Lease Agreement (Andrx Corp)

Use of Demised Premises. (a) Section 5.01. The Lessee covenants and agrees to use the Demised Premises shall be used only for the Permitted Use set forth in Section 1(l) purposes of general office use only, and for no other purposepurpose without Lessor's prior written consent, which shall not be unreasonably withheld. Without limiting the generality of the foregoing, it shall be deemed reasonable for Lessor to withhold such consent in the event that Lessee's proposed use is not allowed as of right under the zoning by-laws then in affect or if such use is deemed by Lessor to be incompatible with the other uses then existing or reasonably anticipated at the Premises or the Unicorn Park Office Park or if such use is inconsistent with the uses typically permitted in a first-class suburban office building in the Boston metropolitan area. Section 5.02. Lessee will not make or permit any occupancy or use of any part of the Demised Premises for any hazardous, offensive, dangerous, or unlawful occupation, trade, business or purpose or any occupancy or use thereof which is contrary to any law, by-law, ordinance, rule, permit or license, and will not cause, or permit any nuisance in the Demised Premises. The Lessee hereby agrees not to maintain or permit noises, odors, or conditions of the Demised Premises or any appurtenance thereto which are reasonably objectionable to other tenants of the Building. Except as otherwise provided below, no hazardous substances or oil shall be brought, kept or maintained on the Demised Premises by Lessee, any other occupant of the Demised Premises, or their agents, employees or contractors. No hazardous substances or oil shall be discharged on the Premises by Lessee, any other occupant of the Demised Premises, or their agents, employees or contractors. Customary office supplies may be maintained in amounts and in a manner consistent with reasonable commercial office practices and in compliance with all laws. Without limitation, hazardous substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, Section 5.03. Lessor and Lessee shall indemnify, defend with counsel reasonably acceptable to Lessor and hold the other, Lessor's managing agent and any mortgagee or ground lessor of the Premises, fully harmless from and against any and all liability, loss, suits, claims, actions, causes of action, proceedings, demands, costs, penalties, damages, fines and expenses, including, without limitation, reasonable attorneys fees, consultants' fees, laboratory fees and clean up costs, and the costs and expenses of investigating and defending any claims or proceedings, resulting from, or attributable to (bi) Tenant will permit no liens to attach the presence of any oil or exist hazardous substances on the Premises or the Demised Premises arising from the action or negligence of the party against whom indemnity is sought, its officers, employees, contractors, agents and invitees, or arising out of the generation, storage, treatment, handling, transportation, disposal or release by the party against whom indemnity is sought of any oil or hazardous substances at or near the Premises or the Demised Premises, and (ii) any violation(s) by the party against whom indemnity is sought of any applicable law regarding oil or hazardous substances. This hold harmless and indemnity shall survive the expiration of the term, but shall not commit any wasteinclude consequential damage or damage to or loss of personal property. Lessor warrants and represents that, to the best of its knowledge, no hazardous substances are located on the Premises in violation of applicable Environmental Laws and no violations of the Environmental Laws has occurred on the Premises. (c) The Section 5.04. Except as provided in this Section 5.04, no sign, antenna or other structure or thing, shall be erected or placed on the Demised Premises or any part of the exterior of any building or on the land comprising the Premises or erected so as to be visible from the exterior of the Building without first securing the written consent of the Lessor. Lessee shall not be used for post any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within paper signs in or around the Demised Premises that could constitute a nuisance or trespass for Landlord or any occupant visible from the exterior of the Building or an adjoining buildingany interior common areas. Lessee's interior signage shall conform with Lessor's standard signage specifications. Lessee shall be given one standard sign to Lessor's specifications at the entry to Demised Premises and on the directory in the lobby of the Building. At the request of Lessee, its customersLessor shall install on the exterior portion of the Building facing Interstate 93 up to two signs supplied by Lessee and approved by Lessor, agentssuch approval not to be unreasonably withheld, conditioned or delayed; provided, however, that (i) such signs conform to all applicable law including, without limitation, any municipal sign ordinances and (ii) such installation, including any costs incurred in the course of obtaining any necessary permits and approvals, shall be at Lessee's sole cost and expense. Lessee may elect to install such sign(s) itself, subject to Lessor's prior written consent. In any case, such sign(s) shall be installed at a location mutually agreeable to Lessor and Lessee with the understanding that Lessee desires to have such sign (s) visible from Interstate 93 at the time of installation. Notwithstanding the foregoing, Lessee's rights to install and maintain a sign on the exterior of the Building shall cease if Lessee ceases to occupy 50,000 or more square feet of the Building. Lessor will not create any obstructions on the Premises that will interfere with the visibility of Lessee's sign(s) and Lessor further agrees to trim vegetation on the Premises to prevent such obstructions. Section 5.05. Lessee will not permit any abandonment of the Demised Premises or any part thereof except (a) to the extent caused by condemnation, (b) to the extent caused by damage to or alterations of the Demised Premises pending restoration thereof, or invitees(c) as herein otherwise specifically provided or consented to in writing by the Lessor. Upon notice The cessation of business operations by Landlord to Tenant that any of Lessee at the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same. (d) Tenant Demised Premises shall not in any way violate any law, ordinance or restrictive covenant affecting per se be considered abandonment if Lessee timely observes and performs all of its other obligations under this Lease and properly and with reasonable continuity monitors and maintains the Demised Premises, security of and shall not in any manner use at the Demised Premises so as to prevent any vandalism thereat or improper use thereof. Section 5.06. Lessee will not cause cancellation ofor permit any waste, prevent the use ofoverloading, stripping, damage, disfigurement 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 injury of or warranty as to the Permitted Use being allowed Premises or the Demised Premises or any part thereof. Lessor reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installation shall be placed and maintained by Lessee, at Lessee's expense, in setting sufficient, in Lessor's judgment, to absorb and prevent vibration, noise and annoyance. Section 5.07. Reasonable rules and regulations, provided the same are not inconsistent with or being in compliance with any applicable lawslimitation of the provisions of this Lease and are applied to all tenants equally, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premisescleanliness, safety, occupation 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 and common areas of the Premises, shall be observed by Tenantthe Lessee, Tenant shall pay its employees, agents, customers and business invitees. Lessor agrees to provide written notice to Lessee of such additional amount as Additional Rent.rules and regulations prior the effective date thereof or any amendment thereto

Appears in 1 contract

Samples: Lease Agreement (Fairmarket Inc)

Use of Demised Premises. Supplementing the provisions of Article 2 of this lease: (a) The Demised Premises Tenant shall not at any time use or occupy the demised premises or the Building, or suffer or permit anyone to use or occupy the demised premises, or do anything in the demised premises or the Building, or suffer or permit anything to be done in, brought into or kept on the demised premises, which in any manner in the reasonable discretion of Owner (i) violates the certificate of occupancy for the demised premises, if any, or for the Building; (ii) causes or is liable to cause injury to the demised premises or the Building or any equipment, facilities or systems therein; (iii) constitutes a violation of the laws and requirements of any public authorities or the requirements of insurance bodies (however Owner represents that as of the date hereof (i) Owner has not received written notice of any violation of the laws and requirements of any public authorities or the requirements of insurance bodies and (ii) the demised premises may lawfully be used and occupied for the Permitted Use purposes set forth in Section 1(lArticle 2); (iv) impairs or tends to impair the character, reputation or appearance of the Building as now exists; (v) impairs or tends to impair the proper and for no economic maintenance, operation and repair of the Building and/or its equipment, facilities or systems; (vi) materially annoys or inconveniences or tends to annoy or inconvenience other purposetenants or occupants of the Building; (vii) constitutes a nuisance, public or private; (viii) makes unobtainable from reputable insurance companies authorized to do business in New York State any fire insurance with extended coverage, or liability, elevator, boiler or other insurance at standard rates required to be furnished by Owner under the terms of any mortgages covering the demised premises or causes any increase in premiums on policies carried by Owner; or (ix) discharges objectionable fumes, vapors or odors into the Building's flues or vents or otherwise in such manner as may unreasonably offend other tenants or occupants of the Building. (b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit use, or suffer or permit anyone to use, the demised premises or any wastepart thereof, for (i) the business of photographic reproductions and/or offset printing (except that Tenant may use part of the demised premises for photographic reproductions and/or offset printing in connection with, either directly or indirectly, its own business and/or activities), (ii) an agency, department or bureau of the United States Government, any state or municipality within the United States or any foreign government, or any political subdivision of any of them, (iii) an employment agency or travel agency, (iv) a banking, trust company, or safe deposit business, (v) a savings bank, a savings and loan association, or a loan company, (vi) the sale of travelers' checks and/or foreign exchange, (vii) a stock brokerage office or for stock brokerage purposes, (viii) a restaurant and/or bar and/or the sale of confectionery and/or soda and/or beverages and/or sandwiches and/or ice cream and/or baked goods (except for a cafeteria for the use of Tenant's employees and invited guests), (ix) a school or classroom, (x) medical or psychiatric offices, (xi) conduct of an auction, (xii) gambling activities or (1) the conduct of obscene, pornographic or similar disreputable activities, (xii) any charitable, religious, union or other not-for-profit organization, or (xiv) any tax exempt entity within the meaning of Section 168(h)(2)(A) of the Internal Revenue Code of 1986, or any successor or substitute statute, or rule or regulation applicable thereto, as same may be amended. (c) The Demised Premises shall not be used for If any illegal purposes, and Tenant shall not allow, suffer, governmental license or permit any vibration(other than a certificate of occupancy for the entire Building and/or the demised premises or equipment use permits for the HVAC Equipment (as hereinafter defined)), noise, odor, light or other effect to occur within or around shall be required for the Demised Premises that could constitute a nuisance or trespass for Landlord proper and lawful conduct of Tenant's particular business in the demised premises or any occupant of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord part thereof (as opposed 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 's use of the Demised Premises by demised premises for general offices), Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same to Owner for inspection. Tenant shall pay at all times comply with the terms and conditions of each such additional amount as Additional Rentlicense or permit.

Appears in 1 contract

Samples: Sublease (Media Metrix 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 prior written consent, which consent may be withheld in Landlord’s reasonable discretion. (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 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

Samples: Industrial Lease Agreement (Tandy Brands Accessories Inc)

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) Except as provided in Section 18(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. Notwithstanding anything herein to the contrary, Landlord represents and warrants that, as of the Lease Date, (i) the Demised Premises is zoned P-I-H under the City of Savannah, Georgia zoning ordinance, and (ii) the General Use is an allowed use under the protective covenants affecting the Project. (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 (Dirtt Environmental Solutions LTD)

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 PremisesPremises which are not satisfied or bonded within fifteen (15) days of such attachment, 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. (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 (Cell Genesys Inc)

Use of Demised Premises. (a) The Tenant may use and occupy the Demised Premises solely for purposes of general office, fabrication and assembly, engineering, research and development, testing and repair, water processing, storage of materials, and machine shop use subject to, and in accordance with all other provisions of this Lease and all applicable zoning and other governmental regulations. Tenant shall not abandon or substantially abandon the Demised Premises. Tenant shall not obstruct, interfere, or conflict with, the rights of other tenants, or conflict with the fire laws or regulations, or with any insurance policy upon the Property or any part thereof, or with any statutes, rules or regulations now existing or subsequently enacted or established by local, state or federal governments, not shall Tenant use or permit the Demised Premises, or any part thereof, to be used for the Permitted Use set forth in Section 1(l) and any disorderly, unlawful or extra hazardous purposes, nor for no any purpose other purposethan hereinabove specified. (b) The Tenant will permit no liens to attach shall not manufacture, store, install, discharge, release, discard, incinerate, burn or exist against otherwise use, introduce or dispose of any of the following substances on the Property, in the Demised Premises, into or through the sewer, drainage system, ground, or the air: (i) any "hazardous waste" as defined by the Resource Conservation and shall not commit Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (ii) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder; (iii) any "hazardous waste" or "hazardous substance" as may be defined by any applicable local, county, state, commonwealth or other federal law, as amended from time to time, and regulations promulgated thereunder; (iv) asbestos or asbestos containing material; (v) polychlorinated biphenyls in concentrations greater than 50 parts per million; (vi) any other material or substance, whether solid, gaseous or liquid, the presence of which is prohibited by any law similar to those set forth in this Subsection or otherwise addressing environmental or health matters. (c) The Notwithstanding subparagraph (b) above, nothing herein shall preclude Tenant from conducting operations and using and disposing of substances and materials in the normal course of its business in accordance with both federal law and the hazardous waste permits issued and maintained with the City of Alexandria, shown on Exhibit B, annexed hereto and incorporated herein, provided that such substances and materials have been expressly approved by the Landlord, which approval shall be granted in its sole and absolute discretion. All substances used in or upon the Demised Premises shall not be used for any illegal purposesdelivered, used, removed, and disposed of in accordance with all applicable federal, state and local laws. The Tenant shall not allow, suffer, or permit indemnify the Landlord and any vibration, noise, odor, light or other effect to occur within or around lender secured by the Demised Premises that could constitute for any damages, cost or expense, including attorney fees, incurred as a nuisance or trespass for Landlord or any occupant result of the Building or an adjoining building, its customers, agents, or invitees. Upon notice by Landlord to Tenant that any breach of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the sameTenant's covenant in this Paragraph 7. (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

Samples: Lease Agreement (CVC Inc)

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