Common use of Use of Leased Premises; Quiet Enjoyment Clause in Contracts

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building or banking facility or for any other lawful purpose, so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use as an office building) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Laws, or (iii) result in or give rise to any environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, any of the provisions of any Permitted Encumbrance, any REA or any covenants, restrictions or agreements hereafter created or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA and any covenants, restrictions or agreements hereafter created or consented to by Tenant, Tenant shall, at its expense, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building or banking facility 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 value of the Leased Premises, (ii) materially increase (when compared to use as an office buildinga Facility) the likelihood that Tenant, Tenant or Landlord or any Lender would incur material liability under any provisions of any Environmental Laws, or (iii) result in or give rise subject Landlord to any environmental deterioration or degradation of the Leased Premises, except to a de minimus extentburdensome regulation. In no event shall the Leased Premises be used for any purpose or in any manner which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created or consented to by Tenant applicable to the Leased PremisesRecord Agreement. Tenant agrees that with respect to the Permitted Encumbrances, each REA and any covenants, restrictions or agreements hereafter created or consented to by Tenant, Tenant shall, at its expense, timely observe, perform and perform, comply with with, make any payments required under, and carry out the provisions thereof of, each Permitted Encumbrance and Record Agreement required therein to be observed and performed by Landlord the owner, operator or Tenantoccupant of the Leased Premises during the Term, including, without limitation, paying any and all assessments for common area maintenance costs.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building or banking facility or for any other lawful purpose, so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use as an office buildingbuilding or banking facility) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Laws, or (iii) result in or give rise to any environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, any of the provisions of any Permitted Encumbrance, any REA or any covenants, restrictions or agreements hereafter created or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA and any covenants, restrictions or agreements hereafter created or consented to by Tenant, Tenant shall, at its expense, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Except as set forth in Section 4(d) or as otherwise prohibited by this Lease and in accordance with the Insurance Requirements, Tenant may use the Leased Premises as an office building or banking facility a distribution center or for any other lawful purpose, purpose so long as such other lawful purpose would not will not: (i) have a material adverse effect on the value of the Leased Premises, ; (ii) materially increase (when compared to use as an office buildinga retail store) the reasonable likelihood that Tenant, Landlord or any Lender would will incur liability under any provisions of any Environmental Laws, Law referred to in Section 26; or (iii) result in or give rise to any material environmental or other deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall addition, Tenant may not use or permit the use of the Leased Premises be used for any purpose which shall violate, in any material way, violates any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, at its expense, that Tenant will observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantLandlord.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building (and all uses ancillary or banking facility or incidental thereto) and/or for any other lawful purpose, so long as such other lawful purpose would not (i) have a material adverse effect on the fair market value of the Leased Premises, (ii) materially increase (when compared to use as an office building) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Laws, or (iii) result in or give rise subject Landlord to any environmental deterioration burdensome Legal Requirements, or degradation of the Leased Premises, except to a de minimus extent(iv) violate any Legal Requirements. In no event shall DMEAST #39566949 v10 2 the Leased Premises be used for any purpose which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created or consented to by Tenant Record Agreement applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, Encumbrances and each REA and any covenants, restrictions or agreements hereafter created or consented to by TenantRecord Agreement, Tenant shall, at its expense, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantTenant during the Term.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an a mixed use office building or banking (including research and development) and industrial facility (including manufacturing, assembly, distribution, warehouse and related uses for biomedical light assembly, research and development and software development) or for any other lawful purpose, purpose so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to its use as an office buildingof the date hereof) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iiiii) result in or give rise to any material environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, at its expense, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantLandlord.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may (subject to Paragraph 4(b)) use the Leased Premises as an office building or banking facility a distribution center or for any other lawful purpose, purpose so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use as an office buildinga distribution center) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iii) result in or give rise to any material environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements now in existence or hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions or agreements now existing or hereafter created by or consented to by Tenant, Tenant shall, at its expense, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantLandlord.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building or banking facility for general office, electrical/mechanical engineering, and research and development purposes or for any other lawful purpose, purpose so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased PremisesPremises based upon its primary use as an office building, (ii) materially increase (when compared to use as an office building) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 27 of this Lease, or (iii) result in or give rise to any material environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, would constitute a public or private nuisance or waste or which would violate any of the provisions of any Permitted Encumbrance, any REA Legal Requirements, any Insurance Requirements or any covenants, covenants or restrictions or agreements hereafter created or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions such covenants or agreements hereafter created or consented to by Tenantrestrictions, Tenant shall, at its expense, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantLandlord.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building a storage, warehouse or banking facility distribution center or for any other lawful purpose, purpose so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use as an office buildinga storage, warehouse or distribution center) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Laws, or (iii) result in or give rise to any material environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, at its expense, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord or TenantLandlord.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as an office building or banking facility a retail store (the "Initial Use") or for any other lawful purpose, other than any Prohibited Use, so long as such other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use as an office buildinga retail store) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iii) result in or give rise to any material environmental deterioration or degradation of the Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, violate any of the provisions of any Permitted Encumbrance, any REA Encumbrance or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances, each REA Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, at its expense, shall observe, perform and comply with and carry out the provisions thereof thereof, required therein to be observed and performed by Landlord or to the extent that such provisions are reasonably subject to performance by Tenant. Tenant has satisfied itself that its Initial Use is lawful and conforms to all applicable zoning and other use restrictions and regulations applicable to the Leased Premises.