Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility or for any other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on the residual value of the Leased Premises at the end of the Term (after giving effect to Tenant’s return obligations under this Lease), (ii) materially increase (when compared to use as a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord to any burdensome regulation. In no event shall the Leased Premises be used for any purpose or in any manner which shall violate any of the provisions of any Permitted Encumbrance or any Record Agreement. Tenant shall, at its expense, timely observe, perform, comply with, make any payments required under, and carry out the provisions of, each Permitted Encumbrance and Record Agreement required therein to be observed and performed by the owner, operator or occupant of the Leased Premises during the Term, including, without limitation, paying any and all assessments for common area maintenance costs.
(b) Tenant shall not permit any unlawful occupation, business or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant shall not use, occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner that would (i) make void or voidable any insurance that Tenant is required hereunder to maintain in force, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) cause any injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12.
(c) Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, shall do any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Xxxxxx.
Use of Leased Premises; Quiet Enjoyment. (a) Lessee may occupy and use the Leased Premises for the purpose of manufacturing industrial fabric products and/or for any other purpose related to, or in furtherance of, the Hexcel Business, provided that no Alterations may be made except in accordance with Paragraph 12, no Equipment may be removed from the Leased Premises except in accordance with Paragraphs 11(b), 14(g) and 23, and such use will not otherwise violate any provision of this Paragraph 4. Lessee shall not permit any unlawful occupation, business or trade to be conducted on any of the Leased Premises or any use to be made thereof contrary to any applicable Legal Requirements. Lessee shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which (i) violates any certificate of occupancy or Permitted Liens affecting any of the Leased Premises, (ii) makes void or voidable any insurance required pursuant to Paragraph 14 then in force with respect to any of the Leased Premises, (iii) makes it impossible to obtain fire or other insurance which Lessee is required to furnish hereunder, (iv) constitutes a public or private nuisance or waste, or (v) would create a materially increased risk of an unindemnified environmental liability to the Lessor and, so long as the Lien of the Credit Agreement shall not have been discharged in accordance with the terms thereof, the Lenders or the Agent. Lessee shall pay, or cause to be paid, all charges and costs required in connection with the use of the Leased Premises.
Use of Leased Premises; Quiet Enjoyment. (a) Tenant shall (subject to Paragraph 4(b)) use the Leased Premises only for the retail sale of fuel to motor vehicles and uses related or incidental thereto, including, without limitation, (i) services related to the operation of motor vehicles; (ii) the retail sale of food, beverages and other convenience store items including tobacco, liquor and other consumer goods; (iii) restaurant or food service preparation (either directly or through agreements with third parties); (iv) ATM machines, check cashing, money orders and other financial services; (v) billboards; (vi) car wash facilities; and (vii) such other related or incidental uses as are or may be at any time during the Term, in the reasonable judgment of the Tenant, compatible with the retail sale of fuel to motor vehicles (the “Permitted Use”). In no event shall the Leased Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance, any REA, any Prime Lease, any Legal Requirement, any Insurance Requirement or any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to in writing by Tenant, Tenant shall observe, perform and comply with and carry out the provisions required therein to be observed and performed by Landlord. It is expressly understood that Tenant may sublease the Leased Premises to subtenants pursuant to subleases, sub-franchise agreements or other agreements entered into by Tenant, as sublandlord, from time to time, in accordance with Paragraphs 17 and 18 hereof.
(b) Tenant shall not permit any unlawful occupation, business or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant shall not use, occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which would (i) make void or voidable any insurance which Tenant is required hereunder to maintain in force with respect to the Leased Premises, (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, or (iii) knowingly cause any injury or damage to any of the Improvements unless pursuant to Alterations permitted under Paragraph 12 hereof.
(c) Subject to...
Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for general office, research, development, prototype testing and other incidental and related uses in connection with Tenant's business as now conducted and for no other purposes without the prior written consent of the Landlord.
(b) Subject to the provisions hereof, Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord with respect to matters that arise after the date hereof; provided, however, that (i) Landlord may enter upon the Leased Premises at such reasonable times and during normal business hours as Landlord may reasonably select upon reasonable notice to Tenant for the purpose of inspecting the Leased Premises, showing the Leased Premises to prospective tenants, purchasers, lenders or investors, verifying compliance or non-compliance by Tenant with its obligation hereunder and taking such other action within the Leased Premises as is permitted pursuant to the provisions hereof and (ii) any Lender may enter upon the Leased Premises for any purposes permitted under its Mortgage or other Loan Documents.
Use of Leased Premises; Quiet Enjoyment. (a) Lessee may occupy and use the Leased Premises for any lawful purpose.
(b) If and so long as Lessee shall observe and perform all covenants, agreements and obligations required to be observed and performed by it hereunder, Lessor covenants that it will not and will not permit any party claiming by, through or under Lessor, to interfere with the peaceful and quiet possession and enjoyment of the Leased Premises by Lessee; provided, that Lessor and its agents may, upon prior notice to Lessee (unless Lessor has reason to believe a default or Event of Default hereunder has occurred, in which case no such notice shall be necessary), enter upon and examine the Leased Premises at reasonable times. Lessee shall have the right to accompany Lessor and its agents during any such examination of the Leased Premises. Any failure by Lessor to comply with the foregoing warranties shall not give Lessee any right to cancel or terminate this Lease, or to xxxxx, reduce or make deduction from or offset against any Basic Rent, as hereinafter defined, or additional rent or other sum payable under this Lease, or to fail to perform or observe any other covenant, agreement or obligation hereunder.
Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for office use and for research, development, testing, manufacturing, sale and use of pharmaceutical, medical, chemical and related products and devices and uses ancillary thereto, including without limitation the performance of clinical experiment programs and the operation of a delicatessen or restaurant, as long as such uses are permitted under and conducted in accordance with applicable Law, and for no other purpose without having first received the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) cause structural injury to any of the Structures or (iv) constitute a public or private nuisance or waste.
(b) Subject to the provisions hereof, so long as no Event of Default has occurred and is continuing, Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord with respect to matters that arise after the date hereof, provided that Landlord and Lender may enter upon
Use of Leased Premises; Quiet Enjoyment. Tenant may occupy and use the Allentown Premises for distribution, assembly, warehousing, retail and light manufacturing and the Johnstown Premises for a retail facility and for no other purpose without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) cause structural injury to any of the Improvements or (iv) constitute a public or private nuisance or waste.
Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for (i) the design, development, and manufacture of check-sorting software and hardware for the banking industry; (ii) design, development, and manufacture of processes associated with transaction processing in the financial services industry; (iii) sales and distribution of software and hardware related to the uses permitted in subsections (i) and (ii) above in emerging markets around the world; (iv) manufacturing and assembly of document processing equipment; (v) storage/warehousing of document processing equipment and related inventory; (vi) development of software and technology related to document processing equipment; (vii) manufacturing and maintenance of document imaging equipment; (viii) providing services and solutions related to document processing for a variety of industries including, but not limited to, payment processing and document and content processing needs of businesses; business process outsourcing services including: AP invoice processing, explanation of benefit processing, interactive exception process, healthcare revenue cycle services, hosted image archives, inbound mail processing, payment processing, and image capture; (ix) any future development and technology related to any and all of the foregoing; and/or (x) general office use (the “Permitted Use”), and for no other purpose without the prior written consent of Landlord. In addition to the foregoing, Tenant’s and any assignee’s use and occupancy of the Leased Premises must not diminish the market value or impair the usefulness of the Leased Premises, as determined in Landlord’s sole but reasonable discretion, and the proposed use and occupancy of Tenant and any assignee must comply with this Lease in all other respects. Tenant shall be responsible for obtaining and maintaining all permits, licenses, certificates of occupancy, or any other items required by Law or any Legal Requirement with respect to Tenant’s Permitted Use and occupancy of the Leased Premises. Tenant shall not use or occupy or permit the Leased Premises to be used or occupied, nor do or permit anything to be done in or on the Leased Premises, in a manner which would or might reasonably be expected to (i) violate any Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make...
Use of Leased Premises; Quiet Enjoyment. (a) Lessee may occupy and use the Leased Premises for any lawful purpose.
(b) If and so long as Lessee shall observe and perform all covenants, agreements, and obligations required by it to be observed and performed hereunder, Lessor warrants peaceful and quiet occupation and enjoyment of the Leased Premises by Lessee; provided that Lessor and its agents may enter upon and examine the Leased Premises at reasonable times.
Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility or for any other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on the residual value of the Leased Premises at the end of the Term (after giving effect to Tenant’s return obligations under this Lease), (ii) materially increase (when compared to use as a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord to any burdensome regulation. In no event shall the Leased Premises be used for any purpose or in any manner which shall violate any of the provisions of any Permitted Encumbrance or any Record Agreement. Tenant shall, at its expense, timely observe, perform, comply with, make any payments required under, and carry out the provisions of, each Permitted Encumbrance and Record Agreement required therein to be observed and performed by the owner, operator or occupant of the Leased Premises during the Term, including, without limitation, paying any and all assessments for common area maintenance costs.
