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 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) Tenant may occupy and use the Leased Premises as a Facility or for basic manufacturing of automotive assembly parts and activities related thereto and 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 subject to the residual value prior written consent 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants or Lender with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents (provided that no such Person shall be a Competitor) may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers (provided that no such Person shall be a Competitor) and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Any such entry, examination or showing (i) shall be subject to Tenant’s normal safety and security procedures and the confidentiality provisions of Xxxxxxxxx 00, (xx) shall not unreasonably interfere with the operation of Tenant’s business, and (iii) shall be at Landlord’s expense so long as no Event of Default has occurred and is continuing.

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)Premises, (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, either itself or through one or more subtenants, shall continue to operate and occupy the Leased Premises during the Term, except during any restoration of the Leased Premises after a casualty or Condemnation or during any remodeling or construction of Alterations permitted under this Lease, and subject to Force Majeure. (c) 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 any applicable Legal Requirements or Insurance RequirementsRequirements or the provisions of any Record Agreement. 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 material injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph Section 12. (cd) Subject to all of the provisions of this Lease, so So long as no Event of Default exists hereunderhereunder and remains uncured and subject to the provisions of Section 27, 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 XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility an office building or banking 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)Premises, (ii) materially increase (when compared to use as a Facilityan office building) the likelihood that Tenant Tenant, Landlord or Landlord any Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord result in or give rise to any burdensome regulationenvironmental 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 or which shall violate, in any manner which shall violate material way, any of the provisions of any Permitted Encumbrance Encumbrance, any REA or any Record Agreementcovenants, 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, timely observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the owner, operator Landlord or occupant of the Leased Premises during the Term, including, without limitation, paying any and all assessments for common area maintenance costsTenant. (b) Subject to Tenant’s rights under Paragraph 18, 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. Subject to Tenant’s rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain in forceforce with respect to any of the Leased Premises, (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, 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, Tenant shall do any act to disturb the peaceful and quiet occupation and enjoyment not be disturbed in its possession of the Leased Premises by XxxxxxLandlord or any other person lawfully claiming through or under Landlord. (d) Subject to Tenant’s rights under Paragraph 17, Tenant covenants and agrees that it, or its permitted assigns, licensees or subtenants, shall remain in actual physical possession of the Leased Premises and shall continuously operate its business in the Leased Premises, provided that Tenant may permit the Leased Premises to be vacant so long as such period of vacancy does not exceed twelve (12) consecutive months at any one time and thirty-six (36) months in aggregate over the Term.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purpose, so long as such other lawful purpose would not (i) provided that no Alterations may be made and no additional Improvements may be constructed except in Landlord’s reasonable determinationaccordance with Paragraph 12, have a material adverse effect on the residual value of no Equipment may be removed from the Leased Premises at the end except in accordance with Paragraphs 11(d), 13(d) and 14(h), and such use will not otherwise violate any provision 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 any of the Leased Premises or any use to be made thereof contrary to any applicable Legal Requirements or Insurance RequirementsRequirement then in effect. Tenant shall not use, 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 that which would or might (i) violate any certificate of occupancy affecting any of the Leased Premises, (ii) make void or voidable any insurance that Tenant is required hereunder then in force with respect to maintain in forceany of the Leased Premises, (iiiii) affect the ability of Tenant make it difficult or impossible to obtain any fire or other insurance which Tenant is required to furnish hereunder, or (iiiiv) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the other provisions of this Lease, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, shall to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant, provided that Landlord may enter upon and examine any of the Leased Premises at reasonable times and may take such action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any offices, manufacturing, warehouse, distribution and research and development and uses ancillary thereto and for no other lawful purposepurpose without Landlord's prior written consent, 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Easement Agreement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, or cancel or cause to be cancelled or released any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord may, upon not less than 48 hours' notice to Tenant, enter upon and examine 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 at such reasonable times as Landlord may elect (except that no notice shall be required if an Event of Default exists and remains uncured), for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for manufacturing, assembly, research, development, warehouse, office and related or ancillary uses and for any no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would or might be reasonably likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor or any Person claiming by, through or under Landlord, shall do with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (which shall be not less than 2 business days except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Any such entry shall be done in a manner that does not interfere with Tenant's operations, with Tenant's representative present, and in compliance with Tenant's confidentiality procedures and requirements.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for the use, operation and maintenance of the self-storage units now or hereafter located upon the Land and incidental office use in connection with Tenant's self-storage business and ancillary uses related to either of the foregoing; provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for any other lawful purpose, purpose (so long as no such other lawful purpose would not (i) in Landlord’s reasonable determination, have subtenant's use requires a material adverse effect on the residual value change 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 or zoning classification or a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental Lawszoning variance, or (iii) subject Landlord precludes the return to the primary uses first identified above at any burdensome regulation. In no event shall time in 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 Requirementsfuture). Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable prior written notice to Tenant (except in the case of an emergency involving the imminent threat of loss of life or serious bodily harm or injury to persons or any material loss of or damage to property, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied by Tenant (or any subtenant or other occupant) without the express prior written consent of Landlord, which may be granted or withheld in its sole discretion, for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or "adult" entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called "head shops"; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any gas station (provided, however, the sale of propane or the sale or rental of propane tanks shall be permitted subject to applicable Laws); (viii) any central laundry or dry cleaning plant or laundromat; (ix) any automobile, truck, trailer or RV sales (except as expressly permitted in Paragraph 4(a) above); (x) any "flea market", secondhand, surplus or other "off-price" or deep discount store (provided that the sale of secondhand goods at the Related Premises in Key Largo, Florida consistent with practices in effect as of the date of this Lease shall be permitted to continue); (xi) any gambling or off-track betting operation, or (xii) any massage parlor or carnival. Notwithstanding the foregoing, the sale by Tenant (or its affiliates or Manager) of items abandoned by self-storage customers or in connection with any lien sale conducted in accordance with applicable Laws shall not be prohibited hereby. (d) Tenant covenants and agrees, as a material inducement to Landlord's agreement to enter into this Lease, that at all times during the Term, each Related Premises shall be operated by a Qualified Manager pursuant to a Management Agreement approved by Landlord and Lender. Tenant shall not be permitted to amend, modify or waive any provision of any approved Management Agreement without having received the prior written consent of Landlord and Lender (if applicable), provided Landlord agrees that its consent shall not be unreasonably withheld, conditioned or delayed with respect to any immaterial amendment, modification or waiver if Lender's consent is not required for such modification, amendment or waiver pursuant to any Loan Documents. Any Management Agreement shall be assigned to Landlord and, while any Loan remains outstanding, Lender and Tenant covenant and agree to execute (and cause any such Qualified Manager to execute) such agreements, consents and acknowledgments as may be requested by Landlord from time to time to evidence the

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 a Facility or for any other lawful purpose, so long as such other lawful purpose would not (i) uses are permitted under and conducted 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 underaccordance with applicable Law, and carry out for no other purpose without having first received the provisions ofprior written approval of Landlord, 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 which approval shall not permit any unlawful occupation, business be unreasonably withheld or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsdelayed. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Structures or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord and Lender may enter upon and examine 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 at such reasonable times as Landlord or Lender may select for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Tenant may reasonably limit the extent of any such inspection so as to minimize disclosure by Tenant of confidential or proprietary products being developed or manufactured by Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any office facilities and uses ancillary thereto and for no other lawful purpose, so long as such other lawful purpose would not (i) in without the prior written consent of 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, 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 that which would or would be reasonably likely to (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable prior notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof, provided that no such entry by Landlord or such other Persons shall interfere in any material respect with the operations of Tenant at the Leased Premises.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any offices, manufacturing, warehouse, distribution and research and development and uses ancillary thereto and for no other lawful purposepurpose without Landlord's consent, 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord may, upon reasonable prior notice to Tenant, enter upon and examine 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 at such reasonable times as Landlord may select and as may be approved by XxxxxxTenant, for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for self-storage and vehicle and equipment rental facilities, incidental repairs of vehicles available or formerly available for rent in connection with Tenant's business at any Related Premises, sales of fleet trucks in the ordinary course of Tenant's business, hitch installations, sale of moving and packing supplies, sale of propane or sale or rental of propane tanks, office use in connection with Tenant's business and incidental uses related to any of the foregoing, provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for any other lawful purpose, purpose (so long as no such other lawful purpose would not (i) in Landlord’s reasonable determination, have subtenant's use requires a material adverse effect on the residual value change 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 or zoning classification or a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental Lawszoning variance, or (iii) subject Landlord precludes the return to the primary uses first identified above at any burdensome regulation. In no event shall time in 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 Requirementsfuture). Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable prior written notice to Tenant (except in the case of an emergency involving the imminent threat of loss of life or serious bodily harm or injury to persons or any material loss of or damage to property, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied by Tenant (or any subtenant or other occupant) without the express prior written consent of Landlord, which may be granted or withheld in its sole discretion, for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or "adult" entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called "head shops"; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any gas station (provided, however, the sale of propane or the sale or rental of propane tanks shall be permitted subject to applicable Laws; (viii) any central laundry or dry cleaning plant or laundromat; (ix) any automobile, truck, trailer or RV sales (except as expressly permitted in Paragraph 4(a) above); (x) any "flea market", secondhand, surplus or other "off-price" or deep discount store (provided that the sale of secondhand goods at the Related Premises in Key Largo, Florida consistent with practices in effect as of the date of this Lease shall be permitted to continue); (xi) any gambling or off-track betting operation, or (xii) any massage parlor or carnival. Notwithstanding the foregoing, the sale by Tenant (or its Affiliates or Manager) of items abandoned by self-storage customers or in connection with any lien sale conducted in accordance with applicable Laws shall not be prohibited hereby. (d) Tenant covenants and agrees, as a material inducement to Landlord's agreement to enter into this Lease, that at all times during the Term, each Related Premises shall be operated by a Qualified Manager pursuant to a Management Agreement approved by Landlord and Lender. Tenant shall not be permitted to amend, modify or waive any provision of any approved Management Agreement without having received the prior written consent of Landlord and Lender (if applicable), provided Landlord agrees that its consent shall not be unreasonably withheld, conditioned or delayed with respect to any immaterial amendment, modification or waiver if Lender's consent is not required for such modification, amendment or waiver pursuant to any Loan Documents. Any Management Agreement shall be assigned to Landlord and, while any Loan remains outstanding, Lender and Tenant covenant and agree to execute (and cause any such Qualified Manager to execute) such agreements, consents and acknowledgments as may be requested by Landlord from time to time to evidence the foregoing. Any Management Agreement and any Qualified Manager's interest thereunder shall be subordinate to Landlord's fee interest in the Leased Premises, this Lease and any Mortgage or other security instrument hereafter placed upon the Leased Premises and to any and all advances made or to be made thereunder, to the interest thereon, and all renewals, replacements and extensions thereof. Notwithstanding the foregoing, so long as the Tenant first named herein is the Tenant under this Lease, the Leased Premises may be self-managed by Tenant or a subtenant that qualifies as a Qualified Manager pursuant to clause '(a)' of the definition of Qualified Manager, and such management may be performed without the need for a Management Agreement.

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)Premises, (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 prevent Tenant to obtain from obtaining any insurance which Tenant is required to furnish hereunder, or (iii) cause any injury or damage to any of the ImprovementsImprovements (other than ordinary wear and tear reasonably expected in connection with the use of the Improvements as a Facility), except in connection with Alterations permitted under Paragraph 12. (c) Subject to all of the provisions of this Lease, so long as no including the Landlord’s right to exercise its remedies under Section 19 hereof after the occurrence and during the continuance of an 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 XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or Premises, subject to paragraph (c) below, for any retail use and ancillary office and storage use and for no other lawful purposepurpose without the consent of Landlord, so long as such other lawful purpose would consent 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 unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would or might reasonably be expected to (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the material Warranties, (iv) cause structural injury or damage to any of the Improvements, except Improvements (other than in connection with any Alterations or restoration permitted under Paragraph 12hereunder and being constructed in accordance with the terms of this Lease) or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Each such entry and/or examination shall be conducted in a manner which will minimize interference with Tenant’s (and its subtenants’ and licensees’) use and occupancy of the Leased Premises. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or “adult” entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called “head shops”; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any gas station; (viii) any central laundry or dry cleaning plant or Laundromat; (ix) any automobile, truck, trailer or RV sales, leasing, display or repair; (x) any “flea market”, secondhand or surplus store; (xi) any gambling or off-track betting operation, or (xii) any massage parlor or carnival.

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), or (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 LandlordXxxxxxxx, shall do any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Xxxxxx, provided that nothing herein shall be deemed to prevent Landlord from pursuing Landlord’s remedies provided for herein as a result of an Event of Default by Tenant hereunder.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility an office building (and all uses ancillary or incidental thereto) and/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 fair market value of the Leased Premises at the end of the Term (after giving effect to Tenant’s return obligations under this Lease)Premises, (ii) materially increase (when compared to use as a Facilityan office building) the likelihood that Tenant Tenant, Landlord or Landlord any Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord to any burdensome regulationLegal Requirements, or (iv) violate any Legal Requirements. In no event shall DMEAST #39566949 v10 2 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 applicable to the Leased Premises. Tenant agrees that with respect to the Permitted Encumbrances and each Record Agreement. , Tenant shall, at its expense, timely observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the owner, operator Landlord or occupant of the Leased Premises Tenant during the Term, including, without limitation, paying any and all assessments for common area maintenance costs. (b) Subject to Tenant’s rights under Paragraph 18, 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. Subject to Tenant’s rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain in forceforce with respect to any of the Leased Premises, (ii) materially adversely 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 it being understood that “damage” to the Improvements as such term is used in this 4.(b) (iii) shall not include demolition activities 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 disturb, or fail to perform any act which failure results in the disturbance of, the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may (subject to Paragraph 4(b)) use the Leased Premises as a Facility distribution center or for any other lawful purpose, 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)Premises, (ii) materially increase (when compared to use as a Facilitydistribution center) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. 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 Agreementcovenants, restrictions or agreements now in existence or hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements now existing or hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant’s rights under Paragraph 18 hereof, 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. Subject to Tenant’s rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) a. Tenant may use the Leased Premises as a Facility or in accordance with its Permitted Use and for any no 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) b. Subject to Tenant’s rights under and compliance with Paragraph 18 hereof, 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. Subject to Tenant’s rights under and compliance with Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, or (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) c. Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunderhereunder and is continuing, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, shall to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility mixed use office (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) 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 its use as a Facilityof the date hereof) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iiiii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant’s rights under Paragraph l8 hereof, 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. Subject to Tenant’s rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any offices and the manufacturing of soaps, lotions, cosmetics, health and beauty aids, and personal hygiene products and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor any Person or anyone claiming by, through or under Landlord, shall do with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may (subject to Paragraph 4(b)) use the Leased Premises as a Facility only for the retail sale of fuel to motor vehicles and uses related or for any other lawful purposeincidental thereto, so long as such other lawful purpose would not including, without limitation, (i) in Landlord’s reasonable determination, have a material adverse effect on services related to the residual value operation of the Leased Premises at the end of the Term (after giving effect to Tenant’s return obligations under this Lease), motor vehicles; (ii) materially increase (when compared to use as a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions retail sale of any Environmental Lawsfood, or beverages and other convenience store items including tobacco, liquor and other consumer goods; (iii) subject Landlord 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 any burdensome regulationmotor vehicles. 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 Encumbrance, any Legal Requirement, any Insurance Requirement or any Record Agreementcovenants, restrictions or agreements hereafter created by or consented to in writing by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to in writing by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with 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 Landlord. It is expressly understood that Tenant may sublease the Leased Premises during the Termto subtenants pursuant to subleases, includingsub-franchise agreements or other agreements entered into by Tenant, without limitationas sublandlord, paying any from time to time, in accordance with Paragraphs 17 and all assessments for common area maintenance costs18 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 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain in forceforce 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, except in connection with Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (c) Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunder, Landlord covenants that neither Landlord, Landlord nor any Person person or entity claiming by, through or under Landlord, Landlord shall do any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant or its permitted subtenants or assignees.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for sports and fitness clubs (with all ancillary or incidental uses) and for any no 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, 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 that which would or reasonably foreseeably might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to any Mortgage or any other instrument evidencing or securing any Loan, or to matters that neither Landlordarise after the date hereof, nor provided that Landlord or Lender may enter upon and examine any Person claiming byof the Leased Premises at such reasonable times, through after reasonable prior notice to Tenant, as Landlord or under LandlordLender may select for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof; provided, however, that so long as no Event of Default has occurred, Tenant shall do have the opportunity to reasonably approve or disapprove prospective purchasers of the Leased Premises such approval not to be unreasonably withheld or delayed and to be deemed given if no response is received within ten (10) days of any act to disturb the peaceful and quiet occupation and enjoyment request therefor, except that no such approval shall be required in connection with any foreclosure of any Mortgage, deed-in-lieu of foreclosure, transfer of the Leased Premises by Xxxxxx.Lender or its designee subsequent thereto or transfer of the Leased Premises or any

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for general office use and engineering and manufacturing uses associated with the manufacture, testing, qualification, marketing and sale of communications related products, equipment and services and related and similar uses (the “Permitted Use”) and for no other purpose without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may not use or occupy the Vacant Parcel for any other lawful purposepurpose without the prior written consent of Landlord. In addition to the foregoing, so long as such other lawful purpose would not (i) in Landlordany assignee’s reasonable determination, have a material adverse effect on the residual value use and occupancy of the Leased Premises at must not diminish the end market value or impair the usefulness of the Term (after giving effect Leased Premises, as determined in Landlord’s sole discretion, and the proposed use and occupancy of 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 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, Use 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 occupancy 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 RequirementsPremises. Tenant shall not use, 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 that which would or might (i) violate any Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. If during the Term Tenant’s use or occupancy of the Leased Premises is no longer permitted by Law or any Legal Requirement, except in connection with Alterations permitted under Paragraph 12Tenant shall not have the right to terminate this Lease. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord, nor or any Person person claiming by, through or under Landlord, with respect to matters that arise after the Effective Date; provided that Landlord or its agents may enter upon and examine the Leased Premises during normal business hours following forty-eight (48) hours’ prior written notice to Tenant with a Tenant escort if requested by Tenant (except in the case of any emergency, in which event no notice shall do be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any act repairs and taking such other action with respect to disturb the peaceful and quiet occupation and enjoyment Leased Premises as is expressly permitted by any provision hereof; provided further, however, that no access shall be permitted to those areas of the Leased Premises for which a government security clearance is required for entry unless the person(s) to be shown such area provides proof of the required security clearance. Tenant shall permit inspection of the Leased Premises by Xxxxxxany federal, state, county or municipal officer or representative to determine if the Leased Premises or any portion thereof complies with any Legal Requirement.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and 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 [TBD: specific use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsadded] ____________and no other purpose. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non‑compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) [USE FOR RETAIL FACILITIES - In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or “adult” entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called “head shops”; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any gas station; (viii) any central laundry or dry cleaning plant or Laundromat; (ix) any automobile, truck, trailer or RV sales, leasing, display or repair; (x) any “flea market”, secondhand, surplus or other “off-price” or deep discount store; (xi) any gambling or off-track betting operation, or (xii) any massage parlor or carnival.]

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for general, executive and administrative offices, for software research and development laboratory space, as a Facility or data center, customer briefing center and 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 uses ancillary and incidental 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 Termforegoing, including, without limitation, paying any a kitchen and all assessments cafeteria for common area maintenance costs. (b) use by the officers, employees and business invitees of Tenant, a day care center for the children of officers and employees of Tenant, a photocopying center in connection with Tenant's own business needs at the Leased Premises and an employee training facility, and for no other purpose without the prior written consent of Landlord, which consent shall not be unreasonably, withheld, delayed or conditioned, Tenant shall not permit any unlawful occupation, business use 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 which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. Nothing herein shall give or grant Tenant any right to apply for, except obtain, acquiesce in, or utilize all or any part of the Leased Premises for any purpose that would require, a use variance, change in connection with Alterations permitted under Paragraph 12zoning or use classification, or to apply for same, without the express written consent of Landlord in its sole but reasonable discretion. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor or any Person claiming by, through through, or under Landlord, shall do with respect to matters that arise after the date hereof; provided that, Landlord or its agents, representatives or consultants may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon not less than two (2) business days notice to Tenant (except in the case of an emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Landlord agrees that, except in the case of emergency, each entry upon or examination of the Leased Premises shall be accompanied by a representative of Tenant ;provided that Tenant makes such representative available to Landlord or its agents, representatives or consultants at the time of scheduled visit. (c) Notwithstanding anything to the contrary contained in this Paragraph 4 or Paragraph 21 hereof, in no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or "adult" entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called "head shops"; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any gas station; (viii) any central laundry or dry cleaning plant or Laundromat; (ix) any automobile, truck, trailer or RV sales, leasing, display or repair; (x) any "flea market", secondhand, surplus or other "off-price" or deep discount store; (xi) any gambling or off-track betting operation, or (xii) any massage parlor or carnival.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Allentown Premises as for distribution, assembly, warehousing, retail and light manufacturing and the Johnstown Premises for a Facility or retail facility and for any no other lawful purposepurpose without the prior written consent of Landlord, 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 not 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 Requirementsunreasonably withheld. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility data center and internet business exchange (“IBX”) collocation facility (and ancillary administrative or for other support services) or any other lawful purposefacility that as a result of technological changes is substantially equivalent, or a technological successor, to a data center and IBX collocation facility, so long as such other lawful purpose would change does not (i) in Landlord’s reasonable determination, have a any material adverse effect negative impact 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)Premises, (ii) materially increase (when compared to use as or, for any other purpose previously approved by Landlord in writing and in a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental manner consistent with applicable Laws, or (iii) subject Landlord to any burdensome regulationLegal Requirements and the Permitted Encumbrances. In no event approving any alternative uses, Landlord shall act reasonably taking into account technological changes and changes in 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 Requirementstelecommunications industry. Tenant shall not use, 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 that which would or is likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither LandlordTenant shall quietly hold, nor any Person claiming by, through or under Landlord, shall do any act to disturb the peaceful occupy and quiet occupation and enjoyment of enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by XxxxxxLandlord with respect to matters that arise after the date hereof. (c) Landlord acknowledges that Tenant will operate the Leased Premises as a highly secure facility which has very limited access. As a result thereof, Landlord shall not under any circumstances enter the Leased Premises without being accompanied by a representative of Tenant and after, at least, 48 hours prior written notice. Subject to the foregoing requirement, Landlord shall be entitled to enter the Premises at the following times and for the following purposes: (i) as required to perform Landlord’s obligations under this Lease and to inspect the Premises to confirm that Tenant is in compliance with its obligations under the Lease, provided, however, that such inspection shall only occur once a quarter (unless an Event of Default exists in which case Landlord may enter the Leased Premises as often as Landlord deems necessary in its sole discretion, subject to the notice requirements set forth above), and (ii) showing the Leased Premises to prospective purchasers or lenders, or, during the last 180 days of the Term, to prospective tenants. Notwithstanding anything to the contrary but subject to the notice requirements set forth above in this Section 4(c), Landlord shall have access to the Leased Premises at ay time in order to enforce its self-help rights or any of its other remedies under this Lease. In exercising such entry rights, Landlord will endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as for all uses required by a Facility or clinical research organization, including but not limited to, medical and transient housing and dormitory use in connection with clinical research facilities and for any no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not 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 Requirementsunreasonably withheld. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may upon two (2) days' prior notice to Tenant (except in the event of an emergency, in which event no notice shall be required), enter upon and examine 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 at such reasonable times as Landlord may select for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Landlord shall use reasonable efforts to minimize any interference with Tenant's operations as a result of such inspections and shall indemnify Tenant for any damages to the Leased Premises directly resulting from such inspection.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purposecall center, so long as such other lawful purpose would not data center, warehouse and distribution center (iincluding staging and assembly) and office use 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 connection with Tenant’s return obligations under this Lease)business (and uses ancillary thereto) and for no other purpose without the prior written consent of Landlord which shall not be unreasonably withheld or delayed; provided that, (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 in no event shall the Leased Premises be used for any purpose Tenant use 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 or do or permit anything to be done in or on any part of the Leased Premises, in a manner that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance in any material respect, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may (not more frequently than once every six (6) months during the Term, unless required by Lender) enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant, (except in the case of an emergency, in which no notice shall be required and no limit or entity shall apply) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility 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) 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)Premises, (ii) materially increase (when compared to use as a Facilityretail store) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 26 of this Lease, or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions ofthereof, each Permitted Encumbrance and Record Agreement required therein to be observed and performed by Landlord to the owner, operator or occupant of 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 during the Term, including, without limitation, paying any and all assessments for common area maintenance costsPremises. (b) Subject to Tenant's rights under Paragraph l8 hereof, 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. Subject to Tenant's rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises unless Tenant obtains substitute insurance in compliance with the requirements of this Lease, (ii) affect the ability of render Tenant unable 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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

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 XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any office, light manufacturing, warehouse, engineering, product development, testing and similar and related purposes and for no 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, 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 that which would (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. During any such entry, Landlord, its agents, prospective Lenders and/or purchasers shall interfere as little as reasonably practical with the operations of Tenant at the Leased Premises and a representative of Tenant shall have the right to accompany any such Person in order to protect matters of a confidential nature.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purposemanufacturing, 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, warehouses and carry out the provisions of, each Permitted Encumbrance distribution 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 Requirementsuses ancillary thereto. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select during normal business hours and upon not less than three (3) days notice to Tenant for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for any lawful purpose, which does not violate any certificate of occupancy, other permit or certificate, or any Law or Legal Requirement, provided that most of Building C and all of Building E and Building F shall only be used as a Facility data center and internet business exchange (“IBX”) collocation facility (and ancillary administrative or for other support services) or any other lawful purposefacility that as a result of technological changes is substantially equivalent, or a technological successor, to a data center and IBX collocation facility, so long as such other lawful purpose would change does not (i) in Landlord’s reasonable determination, have a any material adverse effect negative impact 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)Premises, (ii) materially increase (when compared to use as or, for any other purpose previously approved by Landlord in writing and in a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental manner consistent with applicable Laws, or (iii) subject Landlord to any burdensome regulationLegal Requirements and the Permitted Encumbrances. In no event approving any alternative uses, Landlord shall act reasonably taking into account technological changes and changes in 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 Requirementstelecommunications industry. Tenant shall not use, 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 that which would or is likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. The portion of the Leased Premises used, except in connection with Alterations permitted under Paragraph 12at any time, as an IBX facility is sometimes referred to herein as the “IBX Facility” and that portion of the Leased Premises that is not, at any time, used as an IBX Facility is referred to herein as the “Commercial Facility”. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlord, nor any Person claiming by, through or under Landlord, shall do any act to disturb arise after the peaceful and quiet occupation and enjoyment date hereof. (c) Landlord acknowledges that Tenant will operate the IBX Facility portion of the Leased Premises as a highly secure facility which has very limited access. As a result thereof, Landlord shall not under any circumstances enter the IBX Facility portion of the Leased Premises without being accompanied by Xxxxxxa representative of Tenant and after, at least, 48 hours prior written notice. Subject to the foregoing requirement, Landlord shall be entitled to enter the Premises at the following times and for the following purposes: (i) as required to perform Landlord’s obligations under this Lease and to inspect the Premises to confirm that Tenant is in compliance with its obligations under the Lease, provided, however, that such inspection shall only occur once a quarter (unless an Event of Default exists in which case Landlord may enter the Leased Premises as often as Landlord deems necessary in its sole discretion, subject to the notice requirements set forth above), and (ii) showing the Leased Premises to prospective purchasers or lenders, or, during the last 180 days of the Term, to prospective tenants. Notwithstanding anything to the contrary but subject to the notice requirements set forth above in this Section 4(c), Landlord shall have access to the Leased Premises at ay time in order to enforce its self-help rights or any of its other remedies under this Lease. In exercising such entry rights, Landlord will endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any an office and manufacturing facility and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would (i) violate any Law, Environmental Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any insurance which Tenant is required to furnish hereundersuch insurance, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or physical waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any office and manufacturing facilities and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would (i) violate any Law, Environmental Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any insurance which Tenant is required to furnish hereundersuch insurance, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or physical waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any industrial/manufacturing and related warehousing and distribution and for office use and uses incidental thereto, and for no other lawful purposepurpose without the prior written consent of Landlord, so long as such other lawful purpose would which consent shall not (i) be unreasonably withheld; provided that, 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 use 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 which would or is likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish at then current commercially reasonable rates for the uses permitted hereunder, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste and, except in connection with Alterations permitted under Paragraph 12the case of any such use wherein any of clauses (i)-(v) hereof are applicable, Landlord’s consent may be granted or withheld in Landlord’s sole and absolute discretion. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord, nor any Person or anyone claiming by, by or through or under Landlord, shall do with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice as required under Paragraph 24 (but not less than 24 hours) to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility or in accordance with its Permitted Use and for any no 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant’s rights under and compliance with Paragraph 18 hereof, 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. Subject to Tenant’s rights under and compliance with Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, or (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 hereunderhereunder and is continuing, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, shall to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any general office use and for no 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, 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 that which would or might (i) violate any Law or Legal Requirement in any material respect, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may, in a manner which does not unreasonably interrupt or otherwise interfere with Tenant's business, enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Subject to the provisions of clause (vi) of Paragraph 22(a) hereof, Tenant may shall continuously use and occupy the Leased Premises as for 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 underwarehouse and distribution facility and ancillary office uses, 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 Requirementsno other purpose. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the terms and provisions of this Leasehereof, so long as no Event of Default exists hereunderTenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, and during the last year of the Term for the purpose of showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Landlord shall endeavor, in each case, to minimize any interference with Tenant’s use and occupancy of the Leased Premises during any period of time that Landlord, its agents, employees and/or contractors have entered the Leased Premises as set forth herein.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purposeoffice and administrative functions, so long as such other lawful purpose would not (i) including those functions typically occurring 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's headquarters complex, 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 Termuses incidental thereto, including, without limitation, paying any auditoriums, conference facilities, classrooms, computer and all assessments data centers, engineering labs, product showrooms and sales centers, technical support centers, employee cafeterias and dining facilities, fitness facilities and similar amenities, and 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 Requirementsno other purpose. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement applicable to the Leased Premises or occupancy thereof, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither arise after the date hereof; provided that Landlord, nor Lender or their respective agents may enter upon and examine 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 at such reasonable times as Landlord or Lender may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof, and any such entry by Landlord or Lender or their agents onto the Leased Premises shall be subject to Tenant's security requirements and restrictions, and, if required by Tenant, a representative of Tenant shall accompany Landlord during any such entry onto the Leased Premises. (c) Tenant may from time to time own or hold under lease or license from Persons other than Landlord furniture, equipment, trade fixtures and personal property located on or about the Leased Premises, which shall not be subject to this Lease. Landlord shall from time to time, promptly upon Tenant's request, execute such instruments or agreements as Tenant or any equipment lessor, supplier, vendor, lender or creditor may reasonably require acknowledging that Landlord does not own or have any other right or interest in or to such furniture, equipment, trade fixtures or personal property, and Landlord hereby waives any right, title, lien or interest therein.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any offices, manufacturing and related warehousing, research and development, and storage, and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Lease, so So long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof, but Landlord will use reasonable efforts not to interfere with Tenant's use and occupancy of the Leased Premises.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purposeoffice and administrative functions, so long as such other lawful purpose would not (i) including those functions typically occurring 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's headquarters complex, 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 Termuses incidental thereto, including, without limitation, paying any auditoriums, conference facilities, classrooms, computer and all assessments data centers, engineering labs, product showrooms and sales centers, technical support centers, employee cafeterias and dining facilities, fitness facilities and similar amenities, and 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 Requirementsno other purpose. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement applicable to the Leased Premises or occupancy thereof, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible 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.such (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither arise after the date hereof; provided that Landlord, nor Lender or their respective agents may enter upon and examine 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 at such reasonable times as Landlord or Lender may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof, and any such entry by Landlord or Lender or their agents onto the Leased Premises shall be subject to Tenant's security requirements and restrictions, and, if required by Tenant, a representative of Tenant shall accompany Landlord during any such entry onto the Leased Premises. (c) Tenant may from time to time own or hold under lease or license from Persons other than Landlord furniture, equipment, trade fixtures and personal property located on or about the Leased Premises, which shall not be subject to this Lease. Landlord shall from time to time, promptly upon Tenant's request, execute such instruments or agreements as Tenant or any equipment lessor, supplier, vendor, lender or creditor may reasonably require acknowledging that Landlord does not own or have any other right or interest in or to such furniture, equipment, trade fixtures or personal property, and Landlord hereby waives any right, title, lien or interest therein.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for manufacturing and other incidental and related uses in connection with Tenant’s business 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 now conducted at the Leased Premises at the end of the Term (after giving effect to Tenantand for no other purpose without Landlord’s return obligations under this Lease)prior written consent, (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 consent shall not permit any unlawful occupationbe unreasonably withheld, business delayed or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsconditioned. Tenant shall not use, 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 that which would (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither LandlordTenant shall quietly hold, nor any Person claiming by, through or under Landlord, shall do any act to disturb the peaceful occupy and quiet occupation and enjoyment of enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by XxxxxxLandlord with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine the Leased Premises at such reasonable times and during normal business hours as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the The Leased Premises as a Facility or may be used and occupied 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 subject to the residual value terms and conditions of the Leased this Paragraph 4. No Related 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 shall Tenant or any assignee or subtenant do or permit anything to be done in or on any of the Leased Premises, either Related Premises leased by such Person in a manner that which would (i) make void violate any Law, Legal Requirement or voidable any insurance that Tenant is required hereunder Permitted Encumbrance, the violation of which could reasonably be anticipated to adversely affect the ability to use, maintain in forceor occupy the applicable Related Premises, (ii) affect the ability of Tenant to obtain take any action that would invalidate any insurance which Tenant is policy required under Xxxxxxxxx 00, (xxx) constitute waste of either Related Premises or in any way materially increases the risk of fire or other hazard arising out of the operation of either Related Premises relative to furnish hereunderthe risks arising from the use of the applicable Related Premises as the date hereof or impair the value of either Related Premises in any material respect, (iv) materially increase the risk of environmental damage, an Environmental Violation or danger to human health or the environment relative to the risk arising from the use of the applicable Related Premises as of the date hereof, or (iiiv) cause any injury or damage materially increase the wear and tear to any the applicable Related Premises relative to the wear and tear arising from the use of the Improvements, except in connection with Alterations permitted under Paragraph 12applicable Related Premises as of the date hereof. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither arise after the date hereof, provided that Landlord or its agents may after reasonable notice to Tenant, and, except as provided in Paragraph 10, at Landlord's sole expense unless an Event of Default exists, nor but in any Person claiming byevent not less than (2) Business Days notice (except in the case of any emergency, through or under Landlord, in which event only advance telephonic notice shall do be required) enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times during normal business hours as Landlord may request (but not more often than twice each Lease Year or at any time during the existence of an Event of Default) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, subject to such reasonable restrictions as Tenant may impose, showing the Leased Premises (or the applicable Related Premises) to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (ii) any retail gas station; (iii) any central laundry or dry cleaning plant or laundromat; or (iv) any vehicle repair, other than truck or trailer repair in conjunction with the use of either Related Premises as a distribution facility.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility data center, any facility that as a result of technological changes is a substantially equivalent, or for any other lawful purposea technological successor, to a data center, so long as such other lawful purpose would change does not (i) in Landlord’s reasonable determination, have a any material adverse effect negative impact 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)Premises, (ii) materially increase (when compared to use as or, for any other purpose previously approved by Landlord in writing and in a Facility) the likelihood that Tenant or Landlord would incur material liability under any provisions of any Environmental manner consistent with applicable Laws, or (iii) subject Landlord to any burdensome regulationLegal Requirements and the Permitted Encumbrances. In no event approving any alternative uses, Landlord shall act reasonably taking into account technological changes and changes in 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 Requirementstelecommunications industry. Tenant shall not use, 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 that which would or is likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither LandlordTenant shall quietly hold, nor any Person claiming by, through or under Landlord, shall do any act to disturb the peaceful occupy and quiet occupation and enjoyment of enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by XxxxxxLandlord with respect to matters that arise after the date hereof. (c) Landlord acknowledges that Tenant will operate the Leased Premises as a highly secure facility which has very limited access. As a result thereof, Landlord shall not under any circumstances enter the Leased Premises without being accompanied by a representative of Tenant and after, at least, 48 hours prior written notice. Subject to the foregoing requirement, Landlord shall be entitled to enter the Premises at the following times and for the following purposes: (i) as required to perform Landlord’s obligations under this Lease and to inspect the Premises to confirm that Tenant is in compliance with its obligations under the Lease, provided, however, that such inspection shall only occur once a quarter (unless an Event of Default exists in which case Landlord may enter the Leased Premises as often as Landlord deems necessary in its sole discretion, subject to the notice requirements set forth above), and (ii) showing the Leased Premises to prospective purchasers or lenders, or, during the last 180 days of the Term, to prospective tenants. Notwithstanding anything to the contrary but subject to the notice requirements set forth above in this Section 4.(c), Landlord shall have access to the Leased Premises at ay time in order to enforce its self-help rights or any of its other remedies under this Lease. In exercising such entry rights, Landlord will endeavor to minimize, to the extent reasonably practicable, the interference with Tenant’s business.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any manufacturing, office, and/or warehouse/distribution, and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value written consent 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 not be unreasonably withheld or any Record Agreement. Tenant shalldelayed; provided, at its expensehowever, 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) that Tenant shall not permit any unlawful occupation, business use 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 which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor any Person or those claiming by, through or under Landlord, shall do with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the each Individual Leased Premises as a Facility or in accordance with its Permitted Use and for any no 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 any Individual 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to such Individual Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant’s rights under and compliance with Paragraph 18 hereof, Tenant shall not permit any unlawful occupation, business or trade to be conducted on the any Individual Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Subject to Tenant’s rights under and compliance with Paragraph 18, Tenant shall not use, occupy or permit any of the Individual Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Individual Leased Premises, in a manner that which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any Individual Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of each Individual Leased Premises by Tenant. (d) Tenant covenants and agrees to remain in actual physical possession of each Individual Leased Premises and to continuously operate its business in the Leased Premises; provided, however, from and after the commencement of the sixty-first (61st) calendar month following the first Basic Rent Payment Date, Tenant may cease to operate its business in the Leased Premises by Xxxxxxon either a (i) permanent basis or (ii) temporary basis, for the purpose of remodeling the Leased Premises and/or performing Alterations, provided, in the case of a temporary cessation, such cessation does not occur more than once every sixty (60) months for more than one hundred eighty (180) days. In the event that any such remodeling or Alteration work will take more than one hundred and eighty (180) days, Landlord will provide Tenant with such additional time to complete such work as may be reasonably necessary, not to exceed two hundred seventy (270) days, provided that tenant requests such extension of time from Landlord, in writing, prior to the ninety-first (91st) day after the commencement of any such remodeling or Alteration work.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the The Leased Premises as a Facility or may be used and occupied 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 subject to the residual value terms and conditions of the Leased this Paragraph 4. No Related 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 shall Tenant or any assignee or subtenant do or permit anything to be done in or on any of the Leased Premises, either Related Premises leased by such Person in a manner that which would (i) make void violate any Law, Legal Requirement or voidable any insurance that Tenant is required hereunder Permitted Encumbrance, the violation of which could reasonably be anticipated to adversely affect the ability to use, maintain in forceor occupy the applicable Related Premises, (ii) affect the ability of Tenant to obtain take any action that would invalidate any insurance which Tenant is policy required under Paragraph 16, (iii) constitute waste of either Related Premises or in xxx xxx xxxxxxxxxx increases the risk of fire or other hazard arising out of the operation of either Related Premises relative to furnish hereunderthe risks arising from the use of the applicable Related Premises as the date hereof or impair the value of either Related Premises in any material respect, (iv) materially increase the risk of environmental damage, an Environmental Violation or danger to human health or the environment relative to the risk arising from the use of the applicable Related Premises as of the date hereof, or (iiiv) cause any injury or damage materially increase the wear and tear to any the applicable Related Premises relative to the wear and tear arising from the use of the Improvements, except in connection with Alterations permitted under Paragraph 12applicable Related Premises as of the date hereof. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither arise after the date hereof, provided that Landlord or its agents may after reasonable notice to Tenant, and, except as provided in Paragraph 10, at Landlord's sole expense unless an Event of Default exists, nor but in any Person claiming byevent not less than (2) Business Days notice (except in the case of any emergency, through or under Landlord, in which event only advance telephonic notice shall do be required) enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times during normal business hours as Landlord may request (but not more often than twice each Lease Year or at any time during the existence of an Event of Default) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, subject to such reasonable restrictions as Tenant may impose, showing the Leased Premises (or the applicable Related Premises) to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (ii) any retail gas station; (iii) any central laundry or dry cleaning plant or laundromat; or (iv) any vehicle repair, other than truck or trailer repair in conjunction with the use of either Related Premises as a distribution facility.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility office, manufacturing and warehouse facilities in connection with its stainless steel tubing manufacturing business and for no other purpose. Tenant shall be responsible for obtaining and maintaining all permits, licenses, certificates of occupancy, or for any other lawful purpose, so long as such other lawful purpose would not (i) in Landlorditems required by Law or any Legal Requirement with respect to Tenant’s reasonable determination, have a material adverse effect on the residual value permitted use and occupancy 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 RequirementsPremises. Tenant shall not use, 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 that which would or might (i) violate any Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. If during the Term Tenant’s use or occupancy of any of the Leased Premises are no longer permitted by Law or any Legal Requirement, except Tenant shall not have the right to terminate this Lease. Notwithstanding the foregoing, Tenant may request that Landlord approve any use of the Leased Premises for any purpose not otherwise permitted under this Paragraph 4(a); provided that (i) such proposed use shall not be prohibited under any applicable Law, and (ii) no Event of Default shall exist. With respect to any request made by Tenant in accordance with the immediately foregoing sentence, Landlord shall have the right to grant or withhold its approval in its reasonable discretion; provided that in granting or withholding its approval or disapproval, Landlord shall consider: (A) the condition of the Leased Premises; (B) Tenant's most recent financial statements and Tenant's projections, in form and substance reasonably satisfactory to Landlord, based on the proposed new occupancy and use of the Leased Premises; and (C) such additional information related to the proposed use of the Leased Premises as Landlord or Lender shall reasonably request, including without limitation, (1) information relating to any Alterations required in connection with Alterations permitted under Paragraph 12such proposed use and Tenant's proposed method of funding the cost thereof; (2) any additional insurance requirements required in connection with such proposed use, (3) any additional permits, licenses and other items required to operate the Leased Premises for such proposed use, and (4) any conditions that Lender may impose upon Landlord and/or Tenant with respect to the change in use proposed by Tenant. If Landlord shall consent to the proposed changes in use of the Leased Premises, Tenant agrees to execute and deliver any amendment to this Lease or such other documentation as Landlord and Lender shall reasonably require with respect to the change of use of the Leased Premises. Tenant shall be responsible for all fees (including reasonable attorney fees) and out-of-pocket costs actually incurred by Landlord as a result of Landlord's review and approval or disapproval of Tenant's proposed new occupancy and use of the Leased Premises. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine any Person claiming byof the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, through in which event no notice shall be required) for the purpose of inspecting such Leased Premises, verifying compliance or under Landlordnon-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing such Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to such Leased Premises as is permitted by any provision hereof. Tenant shall do permit inspection of any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by Xxxxxxany federal, state, county or municipal officer or representative to determine if such Leased Premises or any portion thereof comply with any Law or Legal Requirement.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purpose, so long as such other lawful commercial 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 except for any noxious or manufacturing use) and for any ancillary uses incidental thereto and for no other purpose or in any manner which shall violate any without the prior written consent 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 RequirementsLandlord. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor or any Person claiming by, through through, or under LandlordLandlord with respect to matters that arise after the date hereof, shall do provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises during normal business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant (except in the case of any emergency, in which event only such notice as shall be reasonable under the circumstances shall be required), and in a manner which does not unreasonably interfere with Tenant’s business or operations, for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility storage, warehouse or distribution center or for any other lawful purpose, 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)Premises, (ii) materially increase (when compared to use as a Facilitystorage, warehouse or distribution center) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the ownerLandlord. Subject to Tenant's rights under Paragraph 18 hereof, 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. Subject to Tenant's rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 12. (c) 12 hereof. 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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant. Tenant covenants and agrees to remain in actual physical possession of the Leased Premises and to continuously operate its business in the Leased Premises; provided, however, from and after the commencement of the sixty-first (61st) calendar month following the first Basic Rent Payment Date, Tenant may, at its option (without any obligation to do so), cease to operate its business in the Leased Premises on either a (i) permanent basis or (ii) temporary basis.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for use as a Facility skilled trade training facility, consistent with Tenant’s current use thereof, and for ancillary uses permitted by Law, but for no other purpose without the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Tenant shall be responsible for obtaining and maintaining all permits, licenses, certificates of occupancy, or any other lawful purpose, so long as such other lawful purpose would not (i) in Landlorditems required by Law or any Legal Requirement with respect to Tenant’s reasonable determination, have a material adverse effect on the residual value permitted use and occupancy 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 RequirementsPremises. Tenant shall not use, 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 that which would or might reasonably be expected to (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required at commercially reasonable rates, (iii) make void or voidable, cancel or cause to furnish hereunderbe cancelled or release any material Warranties, (iv) cause structural injury to the Improvements, (v) constitute a public or private nuisance or waste, (vi) constitute an offensive or noxious use, or (iiivii) cause any injury constitute a Hazardous Activity or damage to any materially increases the risk of the Improvementsrelease of Hazardous Substances from the Leased Premises or materially increase environmental compliance costs. If, except in connection with Alterations during the Term, Tenant’s use or occupancy of the Leased Premises are no longer permitted under Paragraph 12by Law or any Legal Requirement, Tenant shall not have the right to terminate this Lease, provided that Tenant shall have the right to use the Leased Premises for any use permitted by Legal Requirements that does not give rise to a Hazardous Activity. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor or any Person party claiming by, through or under LandlordLandlord with respect to matters that arise after the Effective Date, provided that Landlord or its agents may enter upon and examine the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall do be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any act repairs and taking such other action with respect to disturb the peaceful Leased Premises as is permitted by any provision hereof. Tenant shall have the right to have an employee of Tenant accompany Landlord in connection with such access, provided the unavailability of an employee of Tenant shall not be grounds for denying such access. In connection with each such entry and/or examination, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use and quiet occupation and enjoyment occupancy of the Leased Premises. Tenant shall permit inspection of the Leased Premises by Xxxxxxany federal, state, county or municipal officer or representative to determine if the Leased Premises or any portion thereof comply with any Law or Legal Requirement.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for commercial or industrial uses and for any no other lawful purpose, so long as such other lawful purpose would not (i) in without the prior written consent of 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, 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 that which would or be reasonably likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or noncompliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility an office building or banking 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)Premises, (ii) materially increase (when compared to use as a Facilityan office building or banking facility) the likelihood that Tenant Tenant, Landlord or Landlord any Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord result in or give rise to any burdensome regulationenvironmental 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 or which shall violate, in any manner which shall violate material way, any of the provisions of any Permitted Encumbrance Encumbrance, any REA or any Record Agreementcovenants, 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, timely observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the ownerLandlord or Tenant. Subject to Tenant's rights under Paragraph 18, 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. Subject to Tenant's rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain in forceforce with respect to any of the Leased Premises, (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, 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 and is continuing hereunder, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, Tenant shall do any act to disturb the peaceful and quiet occupation and enjoyment not be disturbed in its possession of the Leased Premises by XxxxxxLandlord or any other person lawfully claiming through or under Landlord. Subject to Tenant's rights under Paragraph 17, Tenant covenants and agrees that it, or its permitted assigns, licensees or subtenants, shall remain in actual physical possession of the Leased Premises and shall continuously operate its business in the Leased Premises; provided that Tenant may permit the Leased Premises to be vacant so long as such period of vacancy does not exceed twelve (12) months at any one time and twenty-four (24) months over the Term.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any general and executive offices, light manufacturing, and research and development facilities, in connection with Tenant's business and for no other lawful purpose, so long as such other lawful purpose would without the express prior written consent of Landlord, which consent shall not (i) in Landlord’s reasonable determinationbe unreasonably withheld or delayed; provided, 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)however, (ii) materially increase (when compared to use as a Facility) the likelihood that that, Tenant or Landlord would incur material liability shall not, under any provisions of any Environmental Lawscircumstances, use 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 which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. In conducting any such inspections or otherwise having access to the Leased Premises (including , but not limited to, any access pursuant to Paragraph 10(c) hereof), Landlord shall comply, and shall cause all other persons on entities having such access to comply, with the reasonable instructions and requirements of Tenant, to not interfere with Tenant's use or occupancy of the Leased Premises and to preserve the confidentiality of any materials, information, data and/or operations of or with respect to Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and 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 determinationreasonably comparable to or relating to packaging, have a material adverse effect on light assembly, warehousing, storage and distribution and for no other purpose without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the warranties covering Equipment and roof, structure, electrical and mechanical components of the Improvements, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor for any Person persons claiming by, through or under Landlord, shall do provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as for a Facility or refrigerated-freezer warehouse facility and for any no other lawful purposepurpose without having obtained the prior written approval of Landlord, so long as such other lawful purpose would approval 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 Requirementsunreasonably withheld. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that upon not less than 24 hours written notice from Landlord to Tenant (except in the case of an emergency, in which no notice shall be required) Landlord or its agents may enter upon and examine 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 during normal business hours for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Xxxxxx.Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for general, executive and administrative offices and uses incidental and ancillary thereto consistent with use as a Facility headquarters facility in a high-rise first-class office building in midtown Manhattan and, in each case, permitted under the Condominium Documents, the Ground Lease, the Severance Lease and applicable Laws, and for no other purpose without the prior written consent of Landlord, and, if required, the Condominium Board. Tenant shall not use or for occupy or permit 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 to be used or occupied for any retail use (except for the end use of the Term (after giving effect ground floor to Tenant’s return obligations the extent under this Leaseapplicable Law), (ii) materially increase (when compared to use as a Facility) for the likelihood that Tenant or Landlord would incur material liability uses permitted and/or required thereof 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 terms of the provisions of any Permitted Encumbrance or any Record AgreementSeverance Lease. Tenant shallFurther, 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 use 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 or do or permit anything to be done in or on any of the Leased Premises, in a manner that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, (v) constitute a public or private nuisance or waste or (vi) violate the provisions of the Condominium Documents or the Severance Lease. (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 or its agents may enter upon and examine any of the Leased Premises between the hours of 8:00 a.m. and 6:00 p.m. on business days (i.e. days other than Saturday, Sunday and holidays observed by the State or Federal government as legal holidays) as Landlord may select and upon reasonable advance notice to Tenant (except in connection the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with Alterations its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs as to which an Event of Default has occurred and is then continuing under this Lease, and taking such other action with respect to the Leased Premises as is permitted under Paragraph 12by any provision hereof. (c) Subject to all of the provisions express terms, conditions and/or limitations to the contrary contained elsewhere in the Lease, during the Term of this Lease, so long as no Event of Default exists hereunderhas occurred and is then continuing under this Lease, all rights and options under the Condominium Documents and the Severance Lease (collectively, the "Governing Documents") which may be exercised by the lessee under the Severance Lease and all other matters relating to the governance of the Condominium shall be exercisable solely by Tenant in its reasonable business judgment, and Landlord covenants shall take such steps as are reasonably required to facilitate the exercise of, or effectuate, such rights or options on behalf of Tenant (provided same is at no cost to Landlord or Tenant has agreed in writing to reimburse Landlord for such costs); provided Tenant shall not be permitted, without the express prior written consent of Landlord (and Lender, if applicable), to take or permit (by affirmative vote or acquiescence) any action that neither (i) adversely affects the estate, priority or perfection of Landlord's or Lenders security interest in the Leased Premises or the Condominium), nor (ii) would or is likely to cause or permit any Person claiming bylien or encumbrance upon the fee estate or any leasehold at the Condominium in which Landlord has an interest (including Tenant's estate as lessee under this Lease or the Severance Lease) or for which Landlord or Tenant would or could be ultimately responsible for repayment, through Condominium Expenses or otherwise, including the incurrence by the Condominium of any indebtedness, other than trade debt in the ordinary course of business and provided that Alterations, which could result in a mechanics liens, are not precluded by this clause (ii)), (iii) would materially impair the value or utility of the Building or the Condominium, (iv) constitutes an obligation to fund or perform capital expenditures for the common elements of the Building having an aggregate cost in excess of the Threshold Amount (unless same are required to be funded or performed under Landlordthe terms of the Governing Documents or applicable Laws), shall do any act to disturb (v) constitutes a change in zoning or use classification or the peaceful and quiet occupation and enjoyment status of the Leased Premises or the Building as a valid leasehold condominium under the Condominium Act, (vi) subordinates or subjects Landlord's, Lender's or Tenant's interest in the Condominium to any other party or to any agreement not in effect as of the date of this Lease, (vii) requires or obligates Landlord to grant or recognize non-disturbance rights to any party other than as expressly provided for in this Lease, (viii) in Landlord's reasonable determination, constitutes a violation of any Legal Requirement or the terms of Section 3.1 of the Severance Lease with respect to PILOT, (ix) constitutes a subdivision of any of the condominium units or tax lots comprising the Leases Premises, or (x) impairs or violates the single purpose, bankruptcy remote status of Tenant; it being agreed that, subject to the foregoing and without limiting the provisions of the first sentence of this Paragraph 4(c), and so long as no Event of Default has occurred and is then continuing under this Lease, Landlord hereby grants Tenant the right to elect (or to designate the applicable individuals, if the Governing Documents provide that such election is to be made by XxxxxxLandlord) the applicable members to the Condominium Board and the NYTC Board, to approve operating expense budgets for the Condominium that do not exceed the prior year's budget by more than 3% (exclusive of uncontrollable cost increases such as fuel and utilities passed through by the provider thereof and costs required under the Severance Lease or applicable Laws), and to exercise expansion options or rights of first offer or refusal available to the lessee under the Severance Lease without Landlord's consent, so long as such rights are not actually exercised in the name of Tenant. All revenues and credits accruing under the Governing Documents to the owner of the Leased Premises or the lessee under the Severance Lease shall be paid or credited to the Tenant. Notwithstanding anything contained herein to the contrary, without the express prior written consent of Landlord and Lender, if applicable, in their sole discretion, in no event shall Tenant be permitted to (i) take or suffer (or permit the Condominium Board or the NYTC Board to take or suffer) any action which would or is likely to result in the extinguishment or merger of any fee or leasehold estate in effect on the Commencement Date as a part of the Condominium regime and/or PILOT structure or the termination of the condominium regime of which the Leased Premises is a part (except in connection with and as permitted under Paragraph 18 hereof in connection with a Termination Event), (ii) modify the terms of the Declaration or any other Governing Document to increase or decrease the percentage interest of or use of the common elements of the Condominium attributable to the Leased Premises or the limited common elements constituting a part of the Leased Premises, (iii) sell, transfer, assign or diminish any representative member's seat on the Condominium Board or the NYTC Board or any voting rights attendant thereto, (iv) enter into any proxy or other voting agreement that delegates a board member's voting rights under the Governing Documents to any other Person (including any other member of the Condominium Board, unless such Person is another board member designated by Tenant hereunder or by Landlord under the Severance Lease), or (v) exercise any voting rights as the Unit owner or member of the Condominium Board or designate any person to act a board member at any time while an Event of Default hereunder exists, in which event any and all such rights shall automatically revert to Landlord during the existence of such Event of Default. (d) Notwithstanding (i) the provisions of this Paragraph 4 above to the contrary, but subject to the limitations and restrictions therein as to acts permitted to be taken by Tenant, (ii) any failure by 42DP to recognize Landlord as "Recognized Mortgagee" under the Severance Lease and to consent to Landlord as the lessee thereunder, Tenant covenants and agrees that as between Landlord and Tenant it shall be and remain primarily responsible for, and shall timely pay and perform, all of obligations of the lessee under the Severance Lease as if Tenant were the NYTC Unit Owner under the Governing Documents unaffected by the Transaction Documents, and any default under the Severance Lease shall constitute a material default under this Lease. Notwithstanding anything to the contrary contained in this Lease, if Tenant shall fail to pay or perform any obligation under the Severance Lease, (including, without limitation, the failure to pay any "Charges" as defined therein) and such default remains uncured as of the expiration of the applicable cure period provided for in the Severance Lease under a "First Default Notice" issued by 42DP with respect to such default, then Landlord shall have the right, upon one (1) business day's notice to Tenant to pay any such Charges or take any other action (including the procurement of insurance) necessary or appropriate to cure such default under the Severance Lease, and all costs and expenses paid or incurred by Landlord in connection with such cure shall constitute Additional Rent under this Lease and shall be immediately due and payable upon written demand therefor by Landlord to Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Menomonie Premises as a Facility or for any other lawful purposemanufacturing and warehouse purposes and the Oconomowoc Premises for office headquarters, so long as such other lawful purpose would not (i) in Landlord’s reasonable determinationresearch and development purposes, 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 underincluding laboratory and light manufacturing use, and carry out the provisions offor no other purpose without Landlord's prior written consent, 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 which consent shall not permit any unlawful occupationbe unreasonably withheld, business delayed or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any the operation of Tenant's printing business and for uses incidental thereto, and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on . In 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 event that Tenant desires 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 occupy the Leased Premises or any portion thereof for a use unrelated to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant's printing business, Tenant shall not first obtain the written consent of Landlord 12 to such change in use, which consent shall not be unreasonably withheld, delayed or conditioned by Landlord. Notwithstanding the foregoing, Tenant shall not, in any event, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impracticable to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable prior notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof; provided that, Landlord shall exercise its rights of entry hereunder in a manner reasonably designed to minimize interference with the normal operation of Tenant's business at the Leased Premises.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the The Leased Premises as a Facility or may be used and occupied 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 subject to the residual value terms and conditions of the Leased this Paragraph 4. No Related 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 shall Tenant or any assignee or subtenant do or permit anything to be done in or on any of the Leased Premises, Related Premises leased by such Person in a manner that which would (i) make void violate any Law, Legal Requirement or voidable any insurance that Tenant is required hereunder Permitted Encumbrance, the violation of which could reasonably be anticipated to adversely affect the ability to use, maintain in forceor occupy the applicable Related Premises, (ii) affect the ability of Tenant to obtain take any action that would invalidate any insurance which Tenant is policy required under Paragraph 16, (iii) constitute waste of any Related Premises or in axx xxx xxxxxxxxxx xncreases the risk of fire or other hazard arising out of the operation of any Related Premises relative to furnish hereunderthe risks arising from the use of the applicable Related Premises as the date hereof or impair the value of any Related Premises in any material respect, (iv) materially increase the risk of environmental damage, an Environmental Violation or danger to human health or the environment relative to the risk arising from the use of the applicable Leased Premises as of the date hereof, or (iiiv) cause any injury or damage materially increase the wear and tear to any the applicable Related Leased Premises relative to the wear and tear arising from the use of the Improvements, except in connection with Alterations permitted under Paragraph 12applicable Related Premises as of the date hereof. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither arise after the date hereof, provided that Landlord or its agents may after reasonable notice to Tenant, and, except as provided in Paragraph 10, at Landlord's sole expense unless an Event of Default exists, nor but in any Person claiming byevent not less than (2) Business Days notice (except in the case of any emergency, through or under Landlord, in which event only advance telephonic notice shall do be required) enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times during normal business hours as Landlord may request (but not more often than twice each Lease Year or at any time during the existence of an Event of Default) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, subject to such reasonable restrictions as Tenant may impose, showing the Leased Premises (or the applicable Related Premises) to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (ii) any retail gas station; (iii) any central laundry or dry cleaning plant or laundromat; or (iv) any vehicle repair, other than truck or trailer repair in conjunction with the use of any Related Premises as a distribution facility.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may Tenant’s use of the Leased Premises as a Facility or (as defined in Paragraph 3(e) above) is a permitted use under this Lease and the Leased Premises may be used 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)Premises, (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, (iii) constitute a public or private nuisance or constitute active waste under Applicable Laws or (iiiiv) subject Landlord to any burdensome regulationregulation that would require significant expense or expenditure of employee time on the part of Landlord or its Affiliates, or that, in Landlord’s reasonable opinion, would materially adversely affect the operation of the general business of Landlord and its Affiliates. In no event shall the Leased Premises be used for any purpose or in any manner which shall violate in any material respect any of the provisions of any Permitted Encumbrance or any other Record AgreementAgreement that Landlord enters into at the request of Tenant. 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 other 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. For the avoidance of doubt, Landlord hereby acknowledges and agrees that Tenant’s use of the Leased Premises as of the date hereof is deemed to be Tenant’s use thereof as a Facility. (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 material 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 XxxxxxTenant.

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 a Facility distribution center or for any other lawful purpose, purpose so long as such other lawful purpose would not will 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), Premises; (ii) materially increase (when compared to use as a Facilityretail store) the reasonable likelihood that Tenant Tenant, Landlord or Landlord would any Lender will incur material liability under any provisions of any Environmental Laws, Law referred to in Section 26; or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental or other deterioration or degradation of the Leased Premises. In no event shall addition, Tenant may not use or permit the use of the Leased Premises be used for any purpose or in any manner which shall violate violates any of the provisions of any Permitted Encumbrance or any Record Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expense, timely restrictions or agreements hereafter created by or consented to by Tenant that Tenant will observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant's rights under Section l8, Tenant shall will not permit any unlawful occupation, business or trade to be conducted on the Leased Premises or any use to be made thereof of the Leased Premises contrary to applicable Legal Requirements or Insurance Requirements. Subject to Tenant's rights under Section 18, Tenant shall will 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 which would: (i) make void or voidable any insurance that which Tenant is required hereunder under this Lease to then maintain in force, force with respect to the Leased Premises; (ii) affect the ability of Tenant to obtain any insurance which Tenant is required to furnish hereunder, under this Lease; or (iii) cause any injury or damage to any of the Improvements, except Improvements unless caused in connection with the making of Alterations permitted under Paragraph 12Section 12 all of which injury or damage shall be repaired by Tenant at Tenant's sole cost and expense. (c) Subject to all of the provisions of this Lease, so long as no Event of Default exists hereunderexists, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, shall to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant. (d) Tenant may not use the Leased Premises for any of the following uses: (i) a gun range, except as may be incidental to the operation of a sporting goods facility; (ii) distilling, refining or smelting plant; (iii) central laundry or dry cleaning plant; (iv) massage parlor, adult book store, adult movie theater or other sexually oriented shops, or any other establishment which exhibits live to any degree nude or topless dancers or waitstaff or similar establishments; (v) funeral home, funeral parlor, or mortuary; (vi) off-track betting establishment; (vii) flea market; and (viii) a labor camp, junkyard or stockyard.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the The Leased Premises shall be used and occupied by Tenant solely for general, executive and administrative office purposes, including a 24-hour operations center (the "Operations Control Area") and related functions, in accordance with, and as a Facility or for any other lawful purposelimited by, 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 applicable Laws, or (iii) subject Landlord to any burdensome regulation. In and for no event shall other purpose whatsoever without the Leased Premises be used for any purpose or in any manner which shall violate any prior written consent 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 RequirementsLandlord. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranties, guaranties, indemnities and similar rights (collectively, "Warranties") which Landlord may have against any manufacturer, seller, engineer, contractor or builder in respect of any of the Leased Premises, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. Tenant shall not permit any objectionable odors or noises to emanate from the Leased Premises. Tenant hereby agrees to defend, except in connection with Alterations permitted under indemnify and hold Landlord harmless from and against any and all Costs arising out of or related to any breach of this Paragraph 124. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Landlord covenants that neither Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord, nor any Person or anyone claiming by, through or under Landlord, shall do provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times during business hours as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) Notwithstanding anything to the contrary, the roof, exterior faces of all perimeter walls and the use of the air space above the Improvements shall be reserved for Landlord's exclusive use and Tenant shall have no right of access thereto, except as provided for in Paragraph 41 and Paragraph 42.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility for general, executive and administrative offices, light manufacturing and uses incidental thereto in connection with Tenant's business and for no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or for any other lawful purpose, delayed so long as the proposed use (A) is not, in Landlord's reasonable business judgment, likely to increase any liability on the part of Landlord or Lender, taking into account factors such other lawful purpose would as environmental concerns, product liability and the like, (B) does not violate the prohibitions in clauses (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 through (after giving effect to Tenant’s return obligations under this Lease), (iiv) 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 underbelow, and carry out (C) is consented to by Lender, if such consent is required under 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 RequirementsMortgage. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times during business hours as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any offices, manufacturing, warehouse, distribution and research and development and uses ancillary thereto and for no other lawful purposepurpose without Landlord's prior written consent, 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Easement Agreement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, or cancel or cause to be cancelled or released any warranty, guaranty or indemnity, (iv) cause structural injury or damage to 18 any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord may, upon not less than 48 hours' notice to Tenant, enter upon and examine 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 at such reasonable times as Landlord may elect (except that no notice shall be required if an Event of Default exists and remains uncured), for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and 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 Termmotor carrier terminal purposes, including, without limitation, paying any office, maintenance (for Tenant and all assessments other persons), dormitory, parking and driver training and for common area maintenance costs. (b) Tenant no other purpose without the prior written consent of Landlord which shall not permit any unlawful occupation, business be unreasonably withheld or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsdelayed. Tenant shall not use, 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 that which would (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to validly cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor any Person claiming or anyone by, through or under LandlordLandlord with respect to matters that arise after the date hereof, shall do provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Tenant may require any prospective purchaser, tenant or lender to sign a confidentiality agreement (which shall be reasonably acceptable to such Person) prior to inspecting the Leased Premises.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or solely for any the Permitted Uses and for no other lawful purposepurpose without the prior written consent of Landlord, 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 not be unreasonably withheld, conditioned 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 Requirementsdelayed. Tenant shall not use, 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 that which would or might (i) violate any State Law or any Legal Requirement (other than federal law by engaging in the Permitted Uses) or any Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. Notwithstanding anything to the contrary contained in this Lease, except in connection with Alterations permitted under Paragraph 12. (c) Landlord acknowledges and agrees that, as between Landlord and Tenant, the Permitted Uses shall not be deemed objectionable or offensive. Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which case only such notice as shall be practicable under the circumstances, but in any event, all such assess shall be in compliance with applicable Legal Requirements) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Landlord acknowledges that its access to the Leased Premises (or cultivated portions thereof) may (i) require the accompaniment of a representative of Tenant or other licensed occupant or operator thereat under the MRA, and (ii) be subject to other limitations or restrictions under applicable Legal Requirements. In connection with any such access, Tenant covenants and agrees to provide a qualified “licensed” representative to accompany Landlord and/or its representatives during such access upon not less than 24 hours’ notice and in the case of emergency as promptly as practicable under the circumstances. Without limiting the foregoing, Landlord acknowledges that access to the Leased Premises by Landlord and/or its agents as vendors, contractors or visitors to may be subject to any one or more of the following requirements: a) use and display identification badges at all times while the visitor is in a limited access area and return such badges upon exit from the facility; b) be logged in and logged out with the logs available for inspection by the regulatory authority at all times; c) execution of a non-disclosure and confidentiality agreement in a form acceptable to the Tenant and Landlord, provided that the terms of such agreement shall be consistent with the Confidentiality provisions of 35, and shall not limit Tenant’s delivery obligations or Landlord’s disclosure requirements under (b) and (c); and d) be accompanied by a representative of Tenant (or Subtenant as applicable), to the extent required by applicable law, provided that such a representative will be made available by Tenant or Subtenant at the request of Landlord pursuant to this (b). Xxxxxx agrees to coordinate with Landlord to allow Landlord to exercise its rights of access on a timely basis, at reasonable times and upon reasonable notice. (i) except in connection with the operation of a duly licensed cannabis dispensary as a component of the Permitted Use, as any retail use, including, without limitation, adult bookstore or video shop, nude or semi-nude or “adult” entertainment establishment or any lewd, obscene or pornographic purpose; any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality; (ii) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (iii) any mortuary; (iv) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; (v) any gas station; (vi) any central laundry or dry cleaning plant or laundromat; (vii) any automobile, truck, trailer or RV sales, leasing, display or repair; (viii) any “flea market”, secondhand, surplus or other “off-price” or deep discount store; (ix) any gambling or off-track betting operation, or (x) any massage parlor.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or solely for any the operation of an acute care hospital and all services reasonably related thereto, including in-patient, out-patient and emergency acute hospital services, skilled nursing services, rehabilitation services, transitional services, diagnostic services, pharmaceutical services, health care education, research and training, physician and health care professional services, public health and disease prevention programs, and other lawful purpose, so long as such other lawful purpose would not uses and services reasonably related to the operation of an acute care hospital (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“Permitted Uses”), (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 that shall violate any Permitted Encumbrance, Legal Requirements, Insurance Requirements, or any covenants, restrictions, or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Without limiting the foregoing, Tenant agrees that Tenant will not use any part of the provisions Leased Premises for any of any Permitted Encumbrance the following uses: comprehensive (Level 1) or any Record Agreementmajor (Level 2) trauma facility, a long term acute care facility, nursing home, senior living facility, retail blood bank or ambulance dispatch station. (b) Tenant hereby acknowledges that Landlord has provided Tenant a copy of the zoning ordinance and Tenant has actual knowledge of the zoning ordinance. Tenant shallshall not apply for or accept ad valorem property tax exempt status during the Term of this Lease. Tenant agrees that with respect to the Permitted Encumbrances, Legal Requirements, Insurance Requirements, and any covenants, restrictions, or agreements hereafter created by or consented to by Tenant, Tenant, at its sole cost and expense, timely shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the ownerLandlord. Additionally, operator or occupant of the Leased Premises Tenant shall, during the Term, including, without limitation, paying any and all assessments for common area maintenance costs., (bi) Tenant shall not permit any unlawful occupation, business or trade Cause the Hospital to be conducted on the Leased Premises or any use to be made thereof contrary to licensed as a separate stand-alone facility as required under all applicable Legal Requirements or Insurance Requirements. Tenant shall not use, occupy or permit for the Permitted Uses and operated in accordance with the Permitted Uses as a stand-alone facility separate and apart from any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of property other than 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 Implement all policies and procedures pertaining to the ability operation of Tenant the Premises that are necessary to obtain any insurance which Tenant is required to furnish hereunder, or satisfy all Health Regulations; (iii) cause Maintain all certificates, licenses, permits, agreements or other requirements necessary for Tenant to operate the Hospital (evidence of such licenses, permits and certificates, if any, shall be submitted to Landlord upon the Commencement Date, upon renewal of such licenses, and upon reasonable request by Landlord) and if applicable, to receive reimbursement for goods and services provided to patients pursuant to the Medicare, Medicaid and other state and federal health care programs; and (iv) Promptly notify Landlord of any injury or damage to action against any of its certificates, licenses or permits or any other government or legal action initiated against Tenant that would materially affect Tenant's ability to operate the ImprovementsHospital or if applicable, except in connection with Alterations permitted under Paragraph 12to obtain reimbursement for goods and services provided to patients pursuant to the Medicare, Medicaid and other state and federal health care programs. (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) Tenant may occupy and use the Leased Premises for storage, manufacture and/or general office use associated with the manufacture, sale and distribution of stair products and systems, architectural columns and other building components and products, as well as uses ancillary thereto (the “Permitted Use”), and for no other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided that at the time of a Facility permitted assignment of this Lease in accordance with the terms of Paragraph 21 below, Tenant’s assignee shall propose the use that such assignee intends to use and occupy the Leased Premises for, and if such proposed use is not consistent with the Permitted Use, Landlord, in Landlord’s sole discretion, shall have the right to approve or for disapprove such proposed use. Notwithstanding the foregoing, any other lawful purposeassignee’s use and occupancy of the Leased Premises must not diminish the market value or impair the usefulness of the Leased Premises, so long as such other lawful purpose would not (i) determined in Landlord’s reasonable determinationdiscretion, have a material adverse effect on and the residual value proposed use and occupancy of 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 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 RequirementsPremises. Tenant shall not use, 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 that which would or might (i) violate any Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste. If during the Term Tenant’s use or occupancy of the Leased Premises are no longer permitted by Law or any Legal Requirement, except in connection with Alterations permitted under Paragraph 12Tenant shall not have the right to terminate this Lease. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine the Leased Premises during normal business hours upon at least two (2) days advance notice to Tenant (except in the case of any Person claiming byemergency, through in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or under Landlordnon-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Landlord shall do use commercially reasonable efforts to avoid interruption to Tenant’s business operations during any act such entry, except to disturb the peaceful extent such entry occurs during the continuation of an Event of Default, and quiet occupation Landlord shall indemnify Tenant and enjoyment hold Tenant harmless from and against any and all claims, loses, damages, costs or expenses incurred by Tenant as a result of such entry. Tenant shall permit inspection of the Leased Premises by Xxxxxxany federal, state, county or municipal officer or representative to determine if the Leased Premises or any portion thereof comply with any Law or Legal Requirement.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any office, manufacturing, warehouse, distribution and related ancillary use and for no other lawful purpose, so long as such other lawful purpose would not (i) in without the prior written consent of 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, 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 that which would (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, except to the extent that making such Warranty void or canceling such Warranty does not have a material adverse effect on Landlord or the Leased Premises, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times during Tenant's normal business hours as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a 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) 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)based upon its primary use as an office building, (ii) materially increase (when compared to use as a Facilityan office building) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Lawsthe Act referred to in Paragraph 27 of this Lease, or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. In no event shall the Leased Premises be used for any purpose which would constitute a public or in any manner private nuisance or waste or which shall would violate any of the provisions of any Permitted Encumbrance Encumbrance, any Legal Requirements, any Insurance Requirements or any Record Agreementcovenants or restrictions applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any such covenants or restrictions, at its expense, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1213 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant, provided that Landlord and Lender may enter upon and examine any of the Leased Premises at reasonable times after reasonable notice and during business hours and exercise any rights and privileges granted to Landlord under the provisions of this Lease.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for general, executive and administrative offices and uses incidental and ancillary thereto consistent with use as a Facility headquarters facility in a high-rise first-class office building in midtown Manhattan and, in each case, permitted under the Condominium Documents, the Ground Lease, the Severance Lease and applicable Laws, and for no other purpose without the prior written consent of Landlord, and, if required, the Condominium Board. Tenant shall not use or for occupy or permit 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 to be used or occupied for any retail use (except for the end use of the Term (after giving effect ground floor to Tenant’s return obligations the extent under this Leaseapplicable Law), (ii) materially increase (when compared to use as a Facility) for the likelihood that Tenant or Landlord would incur material liability uses permitted and/or required thereof 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 terms of the provisions of any Permitted Encumbrance or any Record AgreementSeverance Lease. Tenant shallFurther, 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 use 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 or do or permit anything to be done in or on any of the Leased Premises, in a manner that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, (v) constitute a public or private nuisance or waste or (vi) violate the provisions of the Condominium Documents or the Severance Lease. (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 or its agents may enter upon and examine any of the Leased Premises between the hours of 8:00 a.m. and 6:00 p.m. on business days (i.e. days other than Saturday, Sunday and holidays observed by the State or Federal government as legal holidays) as Landlord may select and upon reasonable advance notice to Tenant (except in connection the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by Tenant with Alterations its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs as to which an Event of Default has occurred and is then continuing under this Lease, and taking such other action with respect to the Leased Premises as is permitted under Paragraph 12by any provision hereof. (c) Subject to all of the provisions express terms, conditions and/or limitations to the contrary contained elsewhere in the Lease, during the Term of this Lease, so long as no Event of Default exists hereunderhas occurred and is then continuing under this Lease, all rights and options under the Condominium Documents and the Severance Lease (collectively, the “Governing Documents”) which may be exercised by the lessee under the Severance Lease and all other matters relating to the governance of the Condominium shall be exercisable solely by Tenant in its reasonable business judgment, and Landlord covenants shall take such steps as are reasonably required to facilitate the exercise of, or effectuate, such rights or options on behalf of Tenant (provided same is at no cost to Landlord or Tenant has agreed in writing to reimburse Landlord for such costs); provided Tenant shall not be permitted, without the express prior written consent of Landlord (and Lender, if applicable), to take or permit (by affirmative vote or acquiescence) any action that neither (i) adversely affects the estate, priority or perfection of Landlord’s or Lenders security interest in the Leased Premises or the Condominium), nor (ii) would or is likely to cause or permit any Person claiming bylien or encumbrance upon the fee estate or any leasehold at the Condominium in which Landlord has an interest (including Tenant’s estate as lessee under this Lease or the Severance Lease) or for which Landlord or Tenant would or could be ultimately responsible for repayment, through Condominium Expenses or otherwise, including the incurrence by the Condominium of any indebtedness, other than trade debt in the ordinary course of business and provided that Alterations, which could result in a mechanics liens, are not precluded by this clause (ii)), (iii) would materially impair the value or utility of the Building or the Condominium, (iv) constitutes an obligation to fund or perform capital expenditures for the common elements of the Building having an aggregate cost in excess of the Threshold Amount (unless same are required to be funded or performed under Landlordthe terms of the Governing Documents or applicable Laws), shall do any act to disturb (v) constitutes a change in zoning or use classification or the peaceful and quiet occupation and enjoyment status of the Leased Premises or the Building as a valid leasehold condominium under the Condominium Act, (vi) subordinates or subjects Landlord’s, Lender’s or Tenant’s interest in the Condominium to any other party or to any agreement not in effect as of the date of this Lease, (vii) requires or obligates Landlord to grant or recognize non-disturbance rights to any party other than as expressly provided for in this Lease, (viii) in Landlord’s reasonable determination, constitutes a violation of any Legal Requirement or the terms of Section 3.1 of the Severance Lease with respect to PILOT, (ix) constitutes a subdivision of any of the condominium units or tax lots comprising the Leases Premises, or (x) impairs or violates the single purpose, bankruptcy remote status of Tenant; it being agreed that, subject to the foregoing and without limiting the provisions of the first sentence of this Paragraph 4(c), and so long as no Event of Default has occurred and is then continuing under this Lease, Landlord hereby grants Tenant the right to elect (or to designate the applicable individuals, if the Governing Documents provide that such election is to be made by XxxxxxLandlord) the applicable members to the Condominium Board and the NYTC Board, to approve operating expense budgets for the Condominium that do not exceed the prior year’s budget by more than 3% (exclusive of uncontrollable cost increases such as fuel and utilities passed through by the provider thereof and costs required under the Severance Lease or applicable Laws), and to exercise expansion options or rights of first offer or refusal available to the lessee under the Severance Lease without Landlord’s consent, so long as such rights are not actually exercised in the name of Tenant. All revenues and credits accruing under the Governing Documents to the owner of the Leased Premises or the lessee under the Severance Lease shall be paid or credited to the Tenant. Notwithstanding anything contained herein to the contrary, without the express prior written consent of Landlord and Lender, if applicable, in their sole discretion, in no event shall Tenant be permitted to (i) take or suffer (or permit the Condominium Board or the NYTC Board to take or suffer) any action which would or is likely to result in the extinguishment or merger of any fee or leasehold estate in effect on the Commencement Date as a part of the Condominium regime and/or PILOT structure or the termination of the condominium regime of which the Leased Premises is a part (except in connection with and as permitted under Paragraph 18 hereof in connection with a Termination Event), (ii) modify the terms of the Declaration or any other Governing Document to increase or decrease the percentage interest of or use of the common elements of the Condominium attributable to the Leased Premises or the limited common elements constituting a part of the Leased Premises, (iii) sell, transfer, assign or diminish any representative member’s seat on the Condominium Board or the NYTC Board or any voting rights attendant thereto, (iv) enter into any proxy or other voting agreement that delegates a board member’s voting rights under the Governing Documents to any other Person (including any other member of the Condominium Board, unless such Person is another board member designated by Tenant hereunder or by Landlord under the Severance Lease), or (v) exercise any voting rights as the Unit owner or member of the Condominium Board or designate any person to act a board member at any time while an Event of Default hereunder exists, in which event any and all such rights shall automatically revert to Landlord during the existence of such Event of Default. (d) Notwithstanding (i) the provisions of this Paragraph 4 above to the contrary, but subject to the limitations and restrictions therein as to acts permitted to be taken by Tenant, (ii) any failure by 42DP to recognize Landlord as “Recognized Mortgagee” under the Severance Lease and to consent to Landlord as the lessee thereunder, Tenant covenants and agrees that as between Landlord and Tenant it shall be and remain primarily responsible for, and shall timely pay and perform, all of obligations of the lessee under the Severance Lease as if Tenant were the NYTC Unit Owner under the Governing Documents unaffected by the Transaction Documents, and any default under the Severance Lease shall constitute a material default under this Lease. Notwithstanding anything to the contrary contained in this Lease, if Tenant shall fail to pay or perform any obligation under the Severance Lease, (including, without limitation, the failure to pay any “Charges” as defined therein) and such default remains uncured as of the expiration of the applicable cure period provided for in the Severance Lease under a “First Default Notice” issued by 42DP with respect to such default, then Landlord shall have the right, upon one (1) business day’s notice to Tenant to pay any such Charges or take any other action (including the procurement of insurance) necessary or appropriate to cure such default under the Severance Lease, and all costs and expenses paid or incurred by Landlord in connection with such cure shall constitute Additional Rent under this Lease and shall be immediately due and payable upon written demand therefor by Landlord to Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility an office building or banking 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)Premises, (ii) materially increase (when compared to use as a Facilityan office building or banking facility) the likelihood that Tenant Tenant, Landlord or Landlord any Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord result in or give rise to any burdensome regulationenvironmental 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 or which shall violate, in any manner which shall violate material way, any of the provisions of any Permitted Encumbrance Encumbrance, any REA or any Record Agreementcovenants, 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, timely observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof required therein to be observed and performed by the owner, operator Landlord or occupant of the Leased Premises during the Term, including, without limitation, paying any and all assessments for common area maintenance costsTenant. (b) Subject to Tenant’s rights under Paragraph 18, 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. Subject to Tenant’s rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain in forceforce with respect to any of the Leased Premises, (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, 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 and is continuing hereunder, Landlord covenants that neither Landlord, nor any Person claiming by, through or under Landlord, Tenant shall do any act to disturb the peaceful and quiet occupation and enjoyment not be disturbed in its possession of the Leased Premises by XxxxxxLandlord or any other person lawfully claiming through or under Landlord. (d) Subject to Tenant’s rights under Paragraph 17, Tenant covenants and agrees that it, or its permitted assigns, licensees or subtenants, shall remain in actual physical possession of the Leased Premises and shall continuously operate its business in the Leased Premises; provided that Tenant may permit the Leased Premises to be vacant so long as such period of vacancy does not exceed twelve (12) months at any one time and twenty-four (24) months over the Term.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purpose, so long as such other lawful commercial 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 except for any purpose noxious 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, manufacturing use and carry out the provisions of, each Permitted Encumbrance and Record Agreement required therein to be observed and performed uses prohibited by the owner, operator or occupant Condominium Declaration) and for any ancillary uses incidental thereto and for no other purpose without the prior written consent 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 RequirementsLandlord. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants that neither Landlord, nor or any Person claiming by, through through, or under LandlordLandlord with respect to matters that arise after the date hereof, shall do provided that Landlord or its agents may enter upon and examine any act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises during normal business hours, upon not less than twenty-four (24) hours’ prior written notice to Tenant (except in the case of any emergency, in which event only such notice as shall be reasonable under the circumstances shall be required), and in a manner which does not unreasonably interfere with Tenant’s business or operations, for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant and any assignee or subtenant of Tenant may occupy and use the Leased Premises as a Facility warehouse and distribution center and/or general office use associated with the business of Tenant or such assignee or subtenant (the “Permitted Use”) and for no other purpose without the prior written consent of Landlord. Tenant shall be responsible for obtaining and maintaining all permits, licenses, certificates of occupancy, or any other lawful purpose, so long as such other lawful purpose would not (i) in Landlorditems required by Law or any Legal Requirement with respect to Tenant’s reasonable determination, have a material adverse effect on the residual value Permitted Use and occupancy 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 RequirementsPremises. Tenant shall not use, 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 that which would or might (i) violate any Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the material Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations or (v) constitute a public or private nuisance or waste. If during the Term Tenant’s use or occupancy of the Leased Premises are no longer permitted under Paragraph 12by Law or any Legal Requirement, Tenant shall not have the right to terminate this Lease. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof. Tenant shall have access to the Leased Premises twenty-four (24) hours per day, nor seven (7) days per week. Landlord or its agents may enter upon and examine the Leased Premises at such reasonable times as Landlord may select and upon thirty-six (36) hours notice to Tenant (except in the case of any Person claiming byemergency, through in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or under Landlordnon-compliance by Tenant with its obligations hereunder and the existence or non-existence of an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Tenant shall do any act to disturb the peaceful and quiet occupation and enjoyment permit inspection of the Leased Premises by Xxxxxxany federal, state, county or municipal officer or representative to determine if the Leased Premises or any portion thereof comply with any Legal Requirement.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any the operation of Tenant's printing business and for uses incidental thereto, and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on . In 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 event that Tenant desires 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 occupy the Leased Premises or any portion thereof for a use unrelated to be made thereof contrary to applicable Legal Requirements or Insurance Requirements. Tenant's printing business, Tenant shall not first obtain the written consent of Landlord to such change in use, which consent shall not be unreasonably withheld, delayed or conditioned by Landlord. Notwithstanding the foregoing, Tenant shall not, in any event, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impracticable to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable prior notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof; provided that, Landlord shall exercise its rights of entry hereunder in a manner reasonably designed to minimize interference with the normal operation of Tenant's business at the Leased Premises.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may use the Leased Premises as a Facility storage, warehouse or distribution center or for any other lawful purpose, 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)Premises, (ii) materially increase (when compared to use as a Facilitystorage, warehouse or distribution center) the likelihood that Tenant Tenant, Landlord or Landlord Lender would incur material liability under any provisions of any Environmental Laws, or (iii) subject Landlord result in or give rise to any burdensome regulationmaterial environmental deterioration or degradation of the Leased Premises. 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 Agreementcovenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions or agreements hereafter created by or consented to by Tenant, timely Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) Subject to Tenant's rights under Paragraph 18 hereof, 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. Subject to Tenant's rights under Paragraph 18, 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant. (d) Tenant covenants and agrees to remain in actual physical possession of the Leased Premises and to continuously operate its business in the Leased Premises; provided, however, from and after the commencement of the sixty-first (61st) calendar month following the first Basic Rent Payment Date, Tenant may, at its option (without any obligation to do so), cease to operate its business in the Leased Premises on either a (i) permanent basis or (ii) temporary basis.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any other lawful purposeresearch and development facilities, so long as such other lawful purpose would not (i) light manufacturing and incidental office use in Landlord’s reasonable determinationconnection with Tenant's business and uses ancillary thereto, have a material adverse effect on all to 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 underextent permitted by applicable Legal Requirements, 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 Requirementsno other purpose. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any office and manufacturing facilities and for no other lawful purpose, so long as such other lawful purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on without the residual value prior written consent 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 not be unreasonably withheld 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 Requirementsdelayed. Tenant shall not use, 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 that which would (i) violate any Law, Environmental Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any insurance which Tenant is required to furnish hereundersuch insurance, or (iii) make void or voidable, cancel or cause to be cancelled or release any warranty, guaranty or indemnity, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or physical waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for retailing and uses related thereto (such as a Facility or for offices, petrol stations). For any other lawful purpose, so long as such other lawful purpose would Tenant shall require the prior written consent of Landlord which is 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 Requirementsunreasonably withheld. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection (v) constitute a public or private nuisance or waste or (vi) if applicable, conflict with Alterations permitted under Paragraph 12or violate the terms and conditions of the Ground Lease. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord and Ground Lessor or its respective agents may enter upon and examine 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 at such reasonable times during normal business hours as Landlord may select and upon at least 48 hours prior notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder or under the Ground Lease, as applicable, and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers, making any repairs and taking such other action with respect to the Leased Premises as is permitted by any provision hereof or the Ground Lease. (c) In no event shall any portion of the Leased Premises be used or occupied or permitted to be used or occupied for any of the following purposes: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or "adult" entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia, (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins located in the rear of any building and garbage disposal in the ordinary course of business); (v) any mortuary; (vi) any bankruptcy sale (unless pursuant to a court order) or auction house operation; (vii) any central laundry or dry cleaning plant or laundromat; (viii) any business whose primary activity is automobile, truck, trailer or RV repairs; (ix) any "flea market", secondhand, or, except in the ordinary course of business, surplus or other "off-price" or deep discount sales inside of the Improvements; (x) any gambling or off-track betting operation except for state licensed operations, or (xi) any massage parlor. (d) Landlord agrees that its business operations shall be limited to the ownership, leasing, development, financing of the Leased Premises and any matters related thereto.

Use of Leased Premises; Quiet Enjoyment. (a) a. Tenant may use the Leased Premises as for a Facility or for any other lawful purpose, so long as such other lawful purpose would not world headquarters (ioffice) in Landlord’s reasonable determination, have a material adverse effect on and warehouse use (the residual value of the Leased Premises at the end of the Term (after giving effect to Tenant’s return obligations under this Lease"USE"), (ii) materially increase (when compared to or any lawful use as a Facility) that does not violate the likelihood that Tenant or Landlord would incur material liability under any provisions terms of any Environmental Laws, or (iii) subject Landlord to any burdensome regulationREA. In no event shall the Leased Premises be used for any purpose or in any manner which shall that would violate any of the provisions of any Permitted Encumbrance or any Record Agreementcovenants, restrictions, or agreements hereafter created by or consented to by Tenant applicable to the Leased Premises. Tenant shallagrees that with respect to the Permitted Encumbrances and any covenants, at its expenserestrictions, timely or agreements hereafter created by or consented to by Tenant, Tenant shall observe, perform, perform and comply with, make any payments required under, with and carry out the provisions of, each Permitted Encumbrance and Record Agreement thereof 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 costsLandlord. (b) b. Subject to Tenant's rights under Paragraph 18 hereof, Tenant shall not permit any unlawful occupation, business 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. Subject to Tenant's rights under Paragraph 18, Tenant shall not use, occupy 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 which would (i) make void or voidable any insurance that which Tenant is required hereunder to maintain then in forceforce with respect to any of the Leased Premises, (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 Improvements unless pursuant to Alterations permitted under Paragraph 1212 hereof. (c) 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 to do any no act to disturb the peaceful and quiet occupation and enjoyment of the Leased Premises by XxxxxxTenant.

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)Premises, (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 , (iv) violate any of the provisions terms of any Permitted Encumbrance Recorded Agreement not waived in writing by the appropriate party or any Record Agreement(v) constitute a Prohibited Use. 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) If at any time during the Term, three (3) full floors or more of the Leased Premises is vacant, Tenant shall notify Landlord of such circumstance and Landlord may, at its option, engage Xxxxx Xxxx LaSalle or other recognized property manager of commercial office buildings reasonably acceptable to Tenant, to prepare a recommended maintenance schedule for the Leased Premises in order to ensure that the operating systems, building structure and other components of the Leased Premises do not deteriorate during such period of vacancy in excess of ordinary wear and tear, in which case Tenant shall adhere to such maintenance schedule, in addition to performing all other maintenance required under this Lease, all at Tenant’s expense. During any period that Tenant or a sublessee is not operating in and occupying the Leased Premises, Tenant shall take all reasonable measures to secure the Leased Premises and protect against vandalism and unauthorized entry, shall continue to maintain the Leased Premises in accordance with the requirements of this Lease and shall pay for an annual inspection of the Leased Premises to be conducted by Landlord or Landlord’s representative up to an annual amount equal to $5,000, as such amount shall be increased by ten percent (10%) on the third (3rd) anniversary of the Closing Date and each three (3) years thereafter. (c) 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 any applicable Legal Requirements or Insurance RequirementsRequirements or the provisions of any Record Agreement. 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 Section 12. (cd) 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) Tenant may occupy and use the Leased Premises as a Facility or for office, research and development, assembly, manufacturing (including without limitation semi-conductor wafer fabrication and electronics manufacturing), storage, warehousing and all related uses, and, subject to Landlord's consent, which consent shall not be unreasonably withheld, 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 permitted 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 RequirementsLaw. Tenant shall not use, 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 that which would (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (iv) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas occurred and is continuing, Tenant shall have the right to quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for basic manufacturing of automotive assembly parts and activities related thereto and 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 subject to the residual value prior written consent 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants or Lender with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents (provided that no such Person shall be a Competitor) may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers (provided that no such Person shall be a Competitor) and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Any such entry, examination or showing (i) shall be subject to Tenant's normal safety and security procedures and the confidentiality provisions of Xxxxxxxxx 00, (xx) shall not unreasonably interfere with the operation of Tenant's business, and (iii) shall be at Landlord's expense so long as no Event of Default has occurred and is continuing.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for any industrial/manufacturing and related warehousing and distribution and for office use incidental thereto, except that the Xxxxxx Premises shall be used solely for general, executive and administrative offices and uses incidental thereto, and for no other lawful purposepurpose without the prior written consent of Landlord, so long as such other lawful purpose would which consent shall not (i) be unreasonably withheld; provided that, 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 use 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 which would or is likely to (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish at then current commercially reasonable rates for the uses permitted hereunder, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the ImprovementsImprovements or (v) constitute a public or private nuisance or waste and, except in connection with Alterations permitted under Paragraph 12. the case of any such use wherein any of clauses (ci)-(v) hereof are applicable, Landlord's consent may be granted or withheld in Landlord's sole and absolute discretion. Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice as required under Paragraph 24 (but not less than 24 hours) to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for basic manufacturing of automotive assembly parts and activities related thereto and 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 subject to the residual value prior written consent 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 not be unreasonably withheld, delayed 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 Requirementsconditioned. Tenant shall not use, 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 that which would or might (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants or Lender with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents (provided that no such Person shall be a Competitor) may enter upon and examine 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 at such reasonable times as Landlord may select and upon reasonable notice to Tenant (except in the case of any emergency, in which event no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers (provided that no such Person shall be a Competitor) and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. Any such entry, examination or showing (i) shall be subject to Tenant's normal safety and security procedures and the confidentiality provisions of Paragraph 28, (ii) shall not unreasonably interfere with the operatixx xx Xxxxxx'x xxxiness, and (iii) shall be at Landlord's expense so long as no Event of Default has occurred and is continuing.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for general business office purposes and uses ancillary thereto, for manufacturing, testing, assembly, storage and shipping of goods and 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 with the residual value prior written consent 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 consent shall not permit any unlawful occupation, business be unreasonably withheld or trade to be conducted on the Leased Premises or any use to be made thereof contrary to applicable Legal Requirements or Insurance Requirementsdelayed. Tenant shall not use, knowingly use or occupy or permit any of the Leased Premises to be used or occupied, nor knowingly do or permit anything to be done in or on any of the Leased Premises, in a manner that which would (i) violate any Law or Legal Requirement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) make void or voidable, cancel or cause to be canceled or release any Warranty that would have a material adverse effect on the value of Landlord's interest in the Leased Premises, (iv) cause structural injury or damage to any of the Improvements, except in connection with Alterations permitted under Paragraph 12Improvements or (v) constitute a public or private nuisance or waste. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon at least 48 hours notice to Tenant (except in the case of an emergency, in which case only reasonable notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or noncompliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof; provided that such entry and examination shall not unreasonably interfere with Tenant's or any subtenant's operations and shall be subject to any safety or other rules and regulations of Tenant.

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises as a Facility or for the operation of any other lawful purpose, so long as such other lawful business purpose would not (i) in Landlord’s reasonable determination, have a material adverse effect on related to the residual value conduct 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 Requirementsbusiness. Tenant shall not use, 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 that which would or might (i) violate any Law, Legal Requirement or Easement Agreement, (ii) make void or voidable or cause any insurer to cancel any insurance that Tenant is required hereunder to maintain in forceby this Lease, (ii) affect the ability of Tenant or make it difficult or impossible to obtain any such insurance which Tenant is required to furnish hereunderat commercially reasonable rates, or (iii) cause any structural injury or damage to any of the Improvements, except in connection with Alterations (iv) constitute a public or private nuisance or waste, or (v) violate or not be permitted under Paragraph 12pursuant to, a Permitted Encumbrance. (cb) Subject to all of the provisions of this Leasehereof, so long as no Event of Default exists hereunderhas 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 covenants with respect to matters that neither Landlordarise after the date hereof, nor provided that Landlord or its agents may enter upon and examine 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 at such reasonable times as Landlord may select and upon two (2) business days’ prior notice to Tenant (except in the case of an emergency, in which no notice shall be required) for the purpose of inspecting the Leased Premises, verifying compliance or non-compliance by XxxxxxTenant with its obligations hereunder and the existence or non-existence of an Event of Default or event which with the passage of time and/or giving of notice would constitute an Event of Default, showing the Leased Premises to prospective Lenders and purchasers and taking such other action with respect to the Leased Premises as is permitted by any provision hereof. (c) Tenant shall not abandon or vacate the Leased Premises and Tenant shall operate its business at the Leased Premises pursuant to the terms and provisions of this Lease. If Tenant ceases to do business at all or a material portion of the Leased Premises for a period longer than six (6) months, then Landlord may request that the Tenant use commercially reasonable efforts to attempt to sublet the Leased Premises.