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

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises 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 lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future). Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements or (v) constitute a public or private nuisance or waste.

Appears in 2 contracts

Samples: Lease Agreement (Corporate Property Associates 16 Global Inc), Lease Agreement (Corporate Property Associates 15 Inc)

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Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for selfgeneral, executive and administrative offices and uses incidental and ancillary thereto consistent with use as a headquarters facility in a high-storage rise first-class office building in midtown Manhattan and, in each case, permitted under the Condominium Documents, the Ground Lease, the Severance Lease and vehicle applicable Laws, and equipment rental facilitiesfor no other purpose without the prior written consent of Landlord, incidental repairs of vehicles available and, if required, the Condominium Board. Tenant shall not use 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 occupy or sale or rental of propane tanks, office use in connection with Tenant's business and incidental uses related to permit any of the foregoingLeased Premises to be used or occupied for any retail use (except for the use of the ground floor to the extent under applicable Law), provided, however, subject to for the uses permitted and/or required thereof under the terms of Paragraph 21the Severance Lease. Further, any subtenant may use the Leased Premises for any lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future). Tenant shall not use or 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 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 required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements or Improvements, (v) constitute a public or private nuisance or wastewaste or (vi) violate the provisions of the Condominium Documents or the Severance Lease.

Appears in 2 contracts

Samples: Lease Agreement (New York Times Co), Lease Agreement (Corporate Property Associates 17 - Global INC)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for self-storage and vehicle and equipment rental facilitiesstorage, incidental repairs of vehicles available or formerly available for rent in connection manufacture and/or general office use associated with Tenant's business at any Related Premises, sales of fleet trucks in the ordinary course of Tenant's business, hitch installationsmanufacture, sale and distribution of moving stair products and packing suppliessystems, sale 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 propane Landlord, which consent shall not be unreasonably withheld, conditioned or sale or rental delayed; provided that at the time of propane tanks, office use a permitted assignment of this Lease in connection accordance with Tenant's business and incidental uses related to any of the foregoing, provided, however, subject to the terms of Paragraph 2121 below, any subtenant may 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 disapprove such proposed use. Notwithstanding the foregoing, any assignee’s use and occupancy of the Leased Premises must not diminish the market value or impair the usefulness of the Leased Premises, as determined in Landlord’s reasonable discretion, and the proposed use and occupancy of any assignee must comply with this Lease in all other respects. Tenant shall be responsible for any lawful purpose (so long as no such subtenant's use requires a change obtaining and maintaining all permits, licenses, certificates of use or zoning classification or a zoning varianceoccupancy, or precludes any other items required by Law or any Legal Requirement with respect to Tenant’s permitted use and occupancy of the return to the primary uses first identified above at any time in the future)Leased Premises. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements 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, Tenant shall not have the right to terminate this Lease.

Appears in 1 contract

Samples: Lease Agreement (P&f Industries Inc)

Use of Leased Premises; Quiet Enjoyment. (a) A. Tenant may occupy and use the Leased Allentown Premises for self-storage distribution, assembly, warehousing, retail and vehicle light manufacturing 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 Johnstown Premises for any lawful a retail facility and for no other purpose (so long as no such subtenant's use requires a change without the prior written consent of use or zoning classification or a zoning varianceLandlord, or precludes the return to the primary uses first identified above at any time in the future)which shall not be unreasonably withheld. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, Law or Legal Requirement or Permitted EncumbranceRequirement, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements or (viv) constitute a public or private nuisance or waste.. B. Subject to the provisions hereof, so long as no Event of Default has occurred and is continuing, Tenant shall quietly hold, occupy and enjoy the Leased Premises throughout the Term, without any hindrance, ejection or molestation by Landlord with respect to matters that arise after the date hereof, provided that Landlord or its agents may enter upon and examine any 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 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

Appears in 1 contract

Samples: Lease Agreement (Bon Ton Stores Inc)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant and any assignee or subtenant of Tenant may occupy and use the Leased Premises for self-storage as a warehouse 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, distribution center and/or general office use in connection 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 items required by Law or any Legal Requirement with respect to Tenant's business ’s Permitted Use and incidental uses related to any occupancy of the foregoing, provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for any lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future)Premises. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the material Warranties, (iv) cause structural injury to any of the Improvements Improvements, 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, Tenant shall not have the right to terminate this Lease.

Appears in 1 contract

Samples: Subordination Agreement (Claires Stores Inc)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant Lessee may occupy and use the Leased Premises for self-storage the purpose of manufacturing industrial fabric products and/or for any other purpose related to, or in furtherance of, the Hexcel Business, provided that no Alterations may be made except in accordance with Paragraph 12, no Equipment may be removed from the Leased Premises except in accordance with Paragraphs 11(b), 14(g) and vehicle 23, and equipment rental facilitiessuch use will not otherwise violate any provision of this Paragraph 4. Lessee shall not permit any unlawful occupation, incidental repairs of vehicles available business 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 trade to be conducted on any of the foregoing, provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for or any lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at be made thereof contrary to any time in the future)applicable Legal Requirements. Tenant Lessee shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate violates any Law, Legal Requirement certificate of occupancy or Permitted EncumbranceLiens affecting any of the Leased Premises, (ii) make makes void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible pursuant to obtain Paragraph 14 then in force with respect to any such insurance at commercially reasonable ratesof the Leased Premises, (iii) make void makes it impossible to obtain fire or voidable, cancel or cause other insurance which Lessee is required to be cancelled or release any of the Warrantiesfurnish hereunder, (iv) cause structural injury to any of the Improvements or (v) constitute constitutes a public or private nuisance or waste, or (v) would create a materially increased risk of an unindemnified environmental liability to the Lessor and, so long as the Lien of the Credit Agreement shall not have been discharged in accordance with the terms thereof, the Lenders or the Agent. Lessee shall pay, or cause to be paid, all charges and costs required in connection with the use of the Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Hexcel Corp /De/)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for self-storage as office, manufacturing and vehicle and equipment rental facilities, incidental repairs of vehicles available or formerly available for rent warehouse facilities 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 its stainless steel tubing manufacturing business and incidental uses related for no other purpose. 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 any Tenant’s permitted use and occupancy of the foregoing, provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for any lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future)Premises. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, Legal Requirement or Permitted Encumbrance, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements 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, 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 such 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.

Appears in 1 contract

Samples: Lease Agreement (Greenville Tube CO)

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Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises 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 as an office building or banking facility or for any other lawful purpose (purpose, so long as no such subtenant's other lawful purpose would not (i) have a material adverse effect on the value of the Leased Premises, (ii) materially increase (when compared to use requires a change as an office building or banking facility) the likelihood that Tenant, Landlord or any Lender would incur liability under any provisions of use or zoning classification or a zoning varianceany Environmental Laws, or precludes (iii) result in or give rise to any environmental deterioration or degradation of the return Leased Premises, except to a de minimus extent. In no event shall the Leased Premises be used for any purpose which shall violate, in any material way, any of the provisions of any Permitted Encumbrance, any REA or any covenants, restrictions or agreements hereafter created or consented to by Tenant applicable to the primary uses first identified above 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 any time in its expense, observe, perform and comply with and carry out the future)provisions thereof required therein to be observed and performed by Landlord or Tenant. 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 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 which Tenant is required by this Leasehereunder to maintain in force with respect to any of the Leased Premises, or make it difficult or impossible (ii) affect the ability of Tenant to obtain any such insurance at commercially reasonable rateswhich Tenant is required to furnish hereunder, or (iii) make void cause any injury or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury damage to any of the Improvements except in connection with Alterations permitted under Paragraph 12. Subject to all of the provisions of this Lease, so long as no Event of Default exists and is continuing hereunder, Tenant shall not be disturbed in its possession of the Leased Premises by Landlord 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 (v12) constitute a public or private nuisance or wastemonths at any one time and twenty-four (24) months over the Term.

Appears in 1 contract

Samples: Lease (Old National Bancorp /In/)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises 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 lawful purpose 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 data center and internet business exchange (“IBX”) collocation facility (and ancillary administrative or other support services) or any facility 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 no such subtenant's use requires change does not have any material negative impact on the value of the Leased Premises, or, for any other purpose previously approved by Landlord in writing and in a change of use or zoning classification or a zoning variancemanner consistent with applicable Laws, or precludes Legal Requirements and the return to the primary uses first identified above at Permitted Encumbrances. In approving any time alternative uses, Landlord shall act reasonably taking into account technological changes and changes in the future)telecommunications industry. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might is likely to (i) violate any Law, Law or Legal Requirement or Permitted EncumbranceRequirement, (ii) make void or voidable or cause any insurer to cancel any insurance required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warrantieswarranty, guaranty or indemnity, (iv) cause structural injury to any of the Improvements or (v) constitute a public or private nuisance or waste. The portion of the Leased Premises used, at 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”.

Appears in 1 contract

Samples: Deed of Lease (Equinix Inc)

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises solely for self-storage the Permitted Uses and vehicle and equipment rental facilitiesfor no other purpose without the prior written consent of Landlord, incidental repairs of vehicles available which shall not be unreasonably withheld, conditioned 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 lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future)delayed. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might (i) violate any Law, 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 required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the Warranties, (iv) cause structural injury to any of the Improvements or (v) constitute a public or private nuisance or waste.. Notwithstanding anything to the contrary contained in this Lease, Landlord acknowledges and agrees that, as between Landlord and Tenant, the Permitted Uses shall not be deemed objectionable or offensive. 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 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 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 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:

Appears in 1 contract

Samples: Agreement of Lease

Use of Leased Premises; Quiet Enjoyment. (a) Tenant may occupy and use the Leased Premises for self-storage and vehicle and equipment rental facilitiesuse as a skilled trade training facility, incidental repairs of vehicles available or formerly available for rent in connection consistent with Tenant's business at ’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 Related Premises, sales of fleet trucks in the ordinary course of other items required by Law or any Legal Requirement with respect to Tenant's business, hitch installations, sale of moving ’s permitted use 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 occupancy of the foregoing, provided, however, subject to the terms of Paragraph 21, any subtenant may use the Leased Premises for any lawful purpose (so long as no such subtenant's use requires a change of use or zoning classification or a zoning variance, or precludes the return to the primary uses first identified above at any time in the future)Premises. Tenant shall not use or occupy or permit any of the Leased Premises to be used or occupied, nor do or permit anything to be done in or on any of the Leased Premises, in a manner which would or might 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 required by this Lease, or make it difficult or impossible to obtain any such insurance at commercially reasonable rates, (iii) make void or voidable, cancel or cause to be cancelled or release any of the material Warranties, (iv) cause structural injury to any of the Improvements or Improvements, (v) constitute a public or private nuisance or waste, (vi) constitute an offensive or noxious use, or (vii) constitute a Hazardous Activity or materially increases the risk of the release of Hazardous Substances from the Leased Premises or materially increase environmental compliance costs. If, during the Term, Tenant’s use or occupancy of the Leased Premises are no longer permitted by 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.

Appears in 1 contract

Samples: Lease Agreement (Lincoln Educational Services Corp)

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