Use of Premises Compliance With Laws. (a) Tenant shall use and occupy the Premises for the origination, production and distribution of programming, general office use and other lawful uses related to such uses consistent with Past Practice, but for no other purpose (the “Permitted Use”). Landlord acknowledges that Tenant’s use of the Premises on the date of this Lease is a Permitted Use. (b) Tenant will use the Premises in compliance with any and all applicable laws statutes, codes, ordinances, rules, orders and regulations of any municipal or governmental authority (collectively, the “Laws”), which are applicable to or arise from the conduct of Tenant’s specific business at the Premises; provided, however, in no event shall Tenant be required to perform any capital improvements or repairs or to remedy any non-compliance by the Premises with Laws unless such capital improvements or repairs or remedy are required because of the negligence or willful misconduct of Tenant or Tenant’s employees or agents. (c) Tenant agrees to comply with the rules and regulations currently in effect for the Premises, a copy of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as Landlord may hereafter make, in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant (the “Rules and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Premises, the Common Areas, the Leased Equipment or the Master Control Room. Landlord agrees that it will (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory manner, and (ii) promptly notify Tenant in writing of any alleged non-compliance by Tenant with the Rules and Regulations. (d) Tenant acknowledges that Landlord is a party to collective bargaining agreements (“CBAs”) with several unions. To the extent that Landlord has any obligations pursuant to the CBAs which relate to the Premises and informs Tenant of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations. (e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Premises, the Leased Equipment, the Common Areas (subject to Section 1(a)) and the Master Control Room as Tenant has had prior to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as such term is defined in the Trademark License Agreement which is included in the New Transaction Documents), and that such access and use is permitted, and a Permitted Use, under this Lease.
Appears in 2 contracts
Samples: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
Use of Premises Compliance With Laws. (a) 4.1 Subject to Section 4.2, the Premises may be used only for the Permitted Use and such other additional ancillary uses as may be approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the foregoing, Tenant shall use and occupy not be permitted to store, warehouse, or transport to the Premises for any hazardous wastes or substances.
4.2 Except as provided elsewhere in this Lease, whenever any law, order or regulations of Federal, State and Municipal authorities, or any lawful direction of any public officer, imposes any duty upon the originationLandlord or the Tenant with respect to the Premises, production then if that duty was in existence at the time of the commencement of this Lease, and distribution of programming, general office use and other lawful uses related if that duty relates to such uses consistent with Past Practice, but for no other purpose (the “Permitted Use”). Landlord acknowledges that Tenant’s use structure of the Premises on without respect to the date of this Lease is a Permitted Use.
(b) Tenant will use the Premises in compliance with any and all applicable laws statutes, codes, ordinances, rules, orders and regulations of any municipal or governmental authority (collectively, the “Laws”), which are applicable to or arise from the conduct of Tenant’s specific business at the Premises; provided, however, in no event shall Tenant be required to perform any capital improvements or repairs or to remedy any non-compliance by the Premises with Laws unless such capital improvements or repairs or remedy are required because occupancy of the negligence or willful misconduct of Tenant or Tenant’s employees or agents.
(c) Tenant agrees to comply with the rules and regulations currently in effect for the Premises, a copy of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as Landlord may hereafter make, in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant (the “Rules and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Premises, then compliance with that duty shall be the Common Areassole responsibility and sole expense of the Landlord; however, if that duty arose after the Leased Equipment commencement of this Lease, and if it is based in whole or in part upon modifications made to the Master Control RoomPremises by or for the Tenant, or if it is based in whole or in part upon the Tenant’s use or occupancy of the Premises, then compliance with that duty shall be the sole responsibility and sole expense of the Tenant. The Tenant, at its sole expense, shall obtain all required licenses or permits for the conduct of its business within the terms of this Lease. Tenant shall obtain a Certificate of Occupancy at its own cost and expense for its use of the Premises, except that Landlord agrees shall be responsible to repair, at its sole cost and expense, any violation not caused by Tenant that exists prior to the Possession Date which must be corrected in order for a certificate of occupancy to be issued.
4.3 Tenant shall not use or occupy or permit anything to be done in or on the Premises, in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Property, make void or voidable any insurance then in force with respect thereto, or which may make it will more costly or impossible to obtain fire or other insurance thereon, cause or be apt to cause structural injury to the Building or any part thereof, constitute a public or private nuisance, or which may violate any present or future, ordinary or extraordinary, foreseen or unforeseen Legal Requirements or Insurance Requirements, as hereinafter defined. In addition, Tenant shall not allow any animals to be kept on the Premises or use or allow the Premises to be used for residential or dwelling purposes. Tenant shall not cause unreasonable noise, vibrations, dust, debris or noxious odors to emanate from the Premises. Tenant shall not disturb other tenants or occupants of the Building.
4.4 Tenant shall, at its expense, promptly comply or cause compliance with; and not jeopardize or make more costly Landlord’s compliance with (but it being agreed that except as may otherwise be expressly set forth to the contrary in this Lease, compliance with the following shall be the obligation of Tenant at Tenant’s expense):
4.4.1 Legal Requirements including but not limited to the requirements of every statute, law, ordinance, regulation, rule, requirement, order or directive, including but not limited to the Americans with Disabilities Act of 1990, now or hereafter made by any federal, state, city or county government or any department, political subdivision, bureau, agency, office or officer thereof, or of any other governmental authority having jurisdiction with respect to and applicable to (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory mannerthe Premises, and (ii) promptly notify Tenant in writing the condition, equipment, maintenance, use or occupancy of any alleged non-compliance by Tenant with the Rules and Regulations.
(d) Tenant acknowledges that Landlord is a party to collective bargaining agreements (“CBAs”) with several unions. To the extent that Landlord has any obligations pursuant to the CBAs which relate to the Premises and informs Tenant of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations.
(e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Premises, including, without limitation, such of the Leased Equipmentforegoing applicable to the making of any alteration or addition in or to any structure appurtenant thereto and to pollution and environmental control; and (iii) the tenants or subtenants thereof; and
4.4.2 Insurance Requirements, including but not limited to the rules, regulations, orders and other requirements of the National and any local Board of Fire Underwriters, or other body having the same or similar functions and having jurisdiction of, and which are applicable to, the Common Areas (subject Property, including but not limited to Section 1(a)) annual fire inspections, and the Master Control Room as of any liability, fire or other insurance policy which Tenant has had prior or Landlord is required hereunder to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as maintain, whether or not such term is defined compliance involves changes in the Trademark License Agreement use of the Premises or any part thereof, or be required on account of any particular use to which is included in the New Transaction Documents)Premises, or any part thereof may be put, and that whether or not any such access Legal Requirements or Insurance Requirements be of a kind not now within the contemplation of the parties hereto.
4.5 Tenant shall not, by its actions or inactions, cause, or allow to occur, any pollution to or contamination of the Premises or anybody of land, water, waterway, watercourse or the atmosphere during the Term hereof. Tenant shall strictly comply with all Federal, state and use is permittedmunicipal laws, regulations and a Permitted Useordinances (which, under for purposes of this Lease, shall also be deemed Legal Requirements) prohibiting or providing for the control or regulation of emissions or effluents of any kind into the atmosphere or anybody of land, water or watercourse.
Appears in 2 contracts
Samples: Lease Agreement (PishPosh, Inc.), Lease Agreement (PishPosh, Inc.)
Use of Premises Compliance With Laws. 3.1 Subject to Section 3.2, the Demised Premises may be used only for office purposes and pharmaceutical development and related manufacturing, subject to and in accordance with all Legal Requirements (ahereafter defined) Tenant shall use and occupy the Premises for the origination, production and distribution of programming, general office use and other lawful uses related to such uses consistent with Past Practice, but for no other purpose purpose. Landlord shall not be deemed to have made any representation, warranty or agreement that any such use by Tenant or all or any of the Property shall be or remain lawful or otherwise permitted under any Legal Requirements.
3.2 Tenant shall not use or occupy or permit anything to be done in or on the Demised Premises or the Property, in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Demised Premises or the Property, make void or voidable any insurance then in force with respect thereto, or which may make it more costly or impossible to obtain fire or other insurance thereon, cause or be apt to cause structural or other material injury to the Buildings or any part thereof, constitute a public or private nuisance, or which may violate any present or future, ordinary or extraordinary, foreseen or unforeseen Legal Requirements or Insurance Requirements, (the “Permitted Use”hereinafter defined). In addition, Tenant shall not allow any animals to be kept on the Premises or use or allow the Demised Premises to be used for residential or dwelling purposes.
3.2.1 Landlord acknowledges that Tenant’s use Tenant requires a clean environment to operate its business. Accordingly, Landlord agrees to amend the Rules and Regulations for the Property to prohibit all tenants from bringing live animals, dead animals, animal parts or animal refuse and waste into any part of the Premises on Production Building, including the date of this Lease is a Permitted Use.
(b) Tenant will use Common Areas and leased areas in the Premises in compliance with any and all applicable laws statutes, codes, ordinances, rules, orders and regulations of any municipal or governmental authority (collectively, the “Laws”), which are applicable to or arise from the conduct of Tenant’s specific business at the PremisesProduction Building; provided, however, that such prohibition shall not include any food or clothing items whatsoever. In the event Landlord discovers or learns that any Tenant, or guest of any Tenant, has violated this provision, Landlord shall immediately notify Tenant and take all reasonable steps to eliminate the violation; provided, however, that in no event shall Tenant Landlord be required to perform liable for any capital improvements or repairs or to remedy damage caused by any non-compliance by the Premises with Laws unless such capital improvements or repairs or remedy are required because of the negligence or willful misconduct of Tenant or Tenanttenant’s employees or agents.
(c) Tenant agrees failure to comply with the rules and regulations currently in effect for the Premises, a copy of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as Landlord may hereafter make, in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant (the “Rules and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Premises, the Common Areas, the Leased Equipment or the Master Control Room. Landlord agrees that it will (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory mannerno event shall Landlord be obligated by this Section 3.2.1 to evict any other tenant.
3.3 Tenant shall, at its expense, promptly comply or cause compliance with, and not jeopardize or make more costly Landlord’s compliance with (but it being agreed that except as may otherwise be expressly set forth to the contrary in this Lease, compliance with the following shall be the obligation of Tenant at Tenant’s expense):
3.3.1 the requirements of every statute, law, ordinance, regulation, rule, requirement, order or directive, including but not limited to the Americans with Disabilities Act of 1990, now or hereafter made by any federal, state, city or county government or any department, political subdivision, bureau, agency, office or officer thereof, or of any other governmental authority having jurisdiction with respect to and applicable to (i) the Demised Premises, (ii) the condition, equipment, maintenance, use or occupation of the Demised Premises, including, without limitation, such of the foregoing applicable to the making of any alteration or addition in or to any structure appurtenant thereto and to pollution and environmental control, and (iiiii) promptly notify subtenants of Tenant in writing (all of the foregoing being herein referred to as “Legal Requirements”), and
3.3.2 the rules, regulations, orders and other requirements of the National and any local Board of Fire Underwriters, or other body having the same or similar functions and having jurisdiction of and which are applicable to, the Demised Premises and of any alleged non-compliance by liability, fire or other insurance policy which Tenant with the Rules and Regulations.
(d) Tenant acknowledges that or Landlord is a party required hereunder to collective bargaining agreements maintain (herein referred to as “CBAsInsurance Requirements”) with several unions. To ), whether or not such compliance involves changes in the extent that Landlord has use of the Demised Premises or any obligations pursuant part thereof, or be required on account of any particular use to which the CBAs which relate to the Premises and informs Tenant of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations.
(e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Demised Premises, the Leased Equipment, the Common Areas (subject to Section 1(a)) and the Master Control Room as Tenant has had prior to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as such term is defined in the Trademark License Agreement which is included in the New Transaction Documents)or any part thereof may be put, and that whether or not any such access and use is permitted, and Legal Requirements or Insurance Requirements be of a Permitted Use, under this Leasekind not now within the contemplation of the parties hereto.
Appears in 1 contract
Use of Premises Compliance With Laws. 3.1 Subject to Section 3.2, Quinton's Demised Premises may be used only for office, manufacturing, assembly and warehouse purposes, subject to and in accordance with all Legal Requirements (ahereafter defined) Tenant shall use and occupy the Premises for the origination, production and distribution of programming, general office use and other lawful uses related to such uses consistent with Past Practice, but for no other purpose (the “Permitted Use”)purpose. Landlord acknowledges shall not be deemed to have made any representation, warranty or agreement that Tenant’s any such use by Tenant or all or any of the Premises Property shall be or remain lawful or otherwise permitted under any Legal Requirements.
3.2 Tenant shall not use or occupy or permit anything to be done in or on the date Quinton Demised Premises or the Property, in whole or in part, in a mxxxxx xhich would in any way violate any certificate of this Lease is occupancy affecting the Quinton Demised Premises or the Property, make void or voidable any ixxxxxxxe then in force with respect thereto, or which may make it more costly or impossible to obtain fire or other insurance thereon, cause or be apt to cause structural or other material injury to the Buildings or any part thereof, constitute a Permitted Use.
(b) Tenant will use the Premises in compliance with public or private nuisance, or which may violate any and all applicable laws statutespresent or future, codesordinary or extraordinary, ordinancesforeseen or unforeseen Legal Requirements or Insurance Requirements, rules, orders and regulations of any municipal or governmental authority (collectively, the “Laws”), which are applicable to or arise from the conduct of Tenant’s specific business at the Premisesas hereinafter defined; provided, however, that notwithstanding any contrary provision of this Lease but subject to Legal Requirements, Tenant may conduct throughout the Term in no event the Quinton Demised Premises substantially the business it conducted on txx xxxx hereof, in substantially in the manner it conducted its business on the date hereof. In addition, Tenant shall not allow any animals to be kept on the Premises or use or allow the Quinton Demised Premises to be used for residential or dwelling purpoxxx.
3.3 Tenant shall, at its expense, promptly comply or cause compliance with, and not jeopardize or make more costly Landlord's compliance with (but it being agreed that except as may otherwise be required expressly set forth to perform the contrary in this Lease, compliance with the following shall be the obligation of Tenant at Tenant's expense):
3.3.1 the requirements of every statute, law, ordinance, regulation, rule, requirement, order or directive, including but not limited to the Americans with Disabilities Act of 1990, now or hereafter made by any capital improvements federal, state, city or repairs county government or any department, political subdivision, bureau, agency, office or officer thereof, or of any other governmental authority having jurisdiction with respect to and applicable to (i) the Quinton Demised Premises, (ii) the condition, equipment, maintenance, xxx xx occupation of the Quinton Demised Premises, including, without limitation, such of the xxxxxxxng applicable to the making of any alteration or addition in or to remedy any non-compliance by the Premises with Laws unless such capital improvements or repairs or remedy are required because structure appurtenant thereto and to pollution and environmental control; and (iii) subtenants of Tenant (all of the negligence foregoing being herein referred to as "Legal Requirements"); and
3.3.2 the rules, regulations, orders and other requirements of the National and any local Board of Fire Underwriters, or willful misconduct other body having the same or similar functions and having jurisdiction of, and which are applicable to, the Quinton Demised Premises and of any liability, fire or other insurancx xxxxxy which Tenant or Tenant’s employees Landlord is required hereunder to maintain (herein referred to as "Insurance Requirements"); whether or agents.
(c) Tenant agrees to comply with not such compliance involves changes in the rules and regulations currently in effect for the Premises, a copy of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as Landlord may hereafter make, in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant (the “Rules and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Quinton Demised Premises or any part thereof, or be required on accouxx xx xny particular use to which the Quinton Demised Premises, the Common Areas, the Leased Equipment or the Master Control Room. Landlord agrees that it will (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory mannerany part thereof may be put, and (ii) promptly notify Tenant in writing whether xx xxx any such Legal Requirements or Insurance Requirements be of any alleged non-compliance by Tenant with a kind not now within the Rules and Regulationscontemplation of the parties hereto.
(d) Tenant acknowledges that Landlord is a party to collective bargaining agreements (“CBAs”) with several unions. To the extent that Landlord has any obligations pursuant to the CBAs which relate to the Premises and informs Tenant of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations.
(e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Premises, the Leased Equipment, the Common Areas (subject to Section 1(a)) and the Master Control Room as Tenant has had prior to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as such term is defined in the Trademark License Agreement which is included in the New Transaction Documents), and that such access and use is permitted, and a Permitted Use, under this Lease.
Appears in 1 contract
Use of Premises Compliance With Laws. (a) Tenant shall use and occupy 3.1 Subject to Section 3.2, the Premises may be used only for the originationmanufacturing, production packaging and distribution of programmingpharmaceutical products and related offices.
3.2 Tenant shall not use or occupy or permit anything to be done in or on the Premises, general in whole or in part, in a manner which would in any way violate any certificate of occupancy affecting the Premises, make void or voidable any insurance then in force with respect thereto, or which may make it more costly (unless Tenant pays the increased cost therefor) or impossible to obtain fire or other insurance thereon, cause or be apt to cause structural injury to the Building or any part thereof, constitute a public or private nuisance, or which may violate any present or future, ordinary or extraordinary, foreseen or unforeseen Legal Requirements or Insurance Requirements, as hereinafter defined. In addition, Tenant shall not allow any animals to be kept on the Premises or use or allow the Premises to be used for residential or dwelling purposes.
3.3 Tenant shall, at its expense, promptly comply or cause compliance with, and not jeopardize or make more costly Landlord's compliance with (but it being agreed that except as may otherwise be expressly set forth to the contrary in this Lease, compliance with the following shall be the obligation of Tenant at Tenant's expense):
3.3.1 the requirements of every statute, law, ordinance, regulation, rule, requirement, order or directive, including but not limited to the Americans with Disabilities Act of 1990, now or hereafter made by any federal, state, city or county government or any department, political subdivision, bureau, agency, office or officer thereof, or of any other governmental authority having jurisdiction with respect to and applicable to (i) the Premises, (ii) the condition, equipment, maintenance, use or occupation of the Premises, including, without limitation, such of the foregoing applicable to the making of any alteration or addition in or to any structure appurtenant thereto and to pollution and environmental control; and (iii) the tenants or subtenants thereof (all of the foregoing being herein referred to as "Legal Requirements"); and
3.3.2 the rules, regulations, orders and other lawful uses related requirements of the National and any local Board of Fire Underwriters, or other body having the same or similar functions and having jurisdiction of, and which are applicable to, the Premises and of any liability, fire or other insurance policy which Tenant or Landlord is required hereunder to maintain (herein referred to as "Insurance Requirements"), whether or not such uses consistent with Past Practice, but for no other purpose (compliance involves changes in the “Permitted Use”). Landlord acknowledges that Tenant’s use of the Premises or any part thereof, or be required on the date of this Lease is a Permitted Use.
(b) Tenant will use the Premises in compliance with any and all applicable laws statutes, codes, ordinances, rules, orders and regulations account of any municipal or governmental authority (collectively, the “Laws”), particular use to which are applicable to or arise from the conduct of Tenant’s specific business at the Premises; provided, however, in no event shall Tenant be required to perform any capital improvements or repairs or to remedy any non-compliance by the Premises with Laws unless such capital improvements or repairs or remedy are required because of the negligence or willful misconduct of Tenant or Tenant’s employees or agents.
(c) Tenant agrees to comply with the rules and regulations currently in effect for the Premises, or any part thereof may be put, and whether or not any such Legal Requirements or Insurance Requirements be of a copy kind not now within the contemplation of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as the parties hereto.
3.4 Notwithstanding anything to the contrary contained in this Section 3, Landlord may hereafter make, shall be responsible for any alterations that should have been made to the Building upon its completion in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant 1988 (the “Rules "Completion Date") in order that the Building would have been in substantial compliance with Legal Requirements on the Completion Date, however Landlord shall be obligated under this Section 3.4 only if and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Premises, the Common Areas, the Leased Equipment or the Master Control Room. Landlord agrees that it will (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory manner, and (ii) promptly notify Tenant in writing of any alleged non-compliance by Tenant with the Rules and Regulations.
(d) Tenant acknowledges that Landlord is a party to collective bargaining agreements (“CBAs”) with several unions. To the extent that Landlord has any obligations pursuant to the CBAs which relate to the Premises and informs Tenant such alterations would, as of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations.
(e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Premises, the Leased Equipment, the Common Areas (subject to Section 1(a)) and the Master Control Room as Tenant has had prior to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as such term is defined in the Trademark License Agreement which is included in the New Transaction Documents)hereof, and that such access and use is permitted, and a Permitted Use, under this Lease.be mandated by
Appears in 1 contract
Samples: Lease Agreement (Vivus Inc)
Use of Premises Compliance With Laws. Tenant may use the Premises for the mining of cryptocurrency (a) the "Permitted Use"). Tenant shall occupy and use the Premises only for the Permitted Use and shall comply with all federal, state, and local laws, ordinances, rules and regulations, all court orders, governmental directives, and governmental orders and all interpretations of the foregoing (collectively, "Laws") and all restrictive covenants relating to the use, condition, access to, and occupancy of the Building and Premises, and shall not commit waste, overload the Building's structure (including exterior walls, roof, footings, foundations, structural portions of load-bearing walls, structural floors and subfloors, and structural columns and beams) or the Building's systems (including HVAC, life-safety, plumbing, electrical, and mechanical systems) or subject the Premises to any use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the originationPermitted Use in accordance with applicable Laws. The Premises shall not be used for any purpose that creates strong, production unusual, or offensive odors, fumes, dust or vapors. Tenant shall store all trash and distribution garbage within the Premises or in trash dumpsters or similar containers approved by Landlord as to type, location and screening; and Tenant shall arrange for the regular pick-up of programming, general office use such trash and other lawful uses related to such uses consistent with Past Practice, but for no other purpose (the “Permitted Use”)garbage at Tenant's expense. Landlord acknowledges that Tenant’s use Tenant shall not operate an incinerator or burn trash or garbage on or within any portion of the Premises. Tenant shall not knowingly conduct or permit to be conducted in the Premises any activity, or place any equipment in or about the Premises or the Building, that will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the date Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any act or omission by Tenant, or its agents, employees, representatives, or contractors, Tenant shall be liable for such increase, which shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease is a Permitted Use.
(b) Lease. Tenant will use shall not allow temperature or humidity within the Premises in compliance with any and all applicable laws statutes, codes, ordinances, rules, orders and regulations of any municipal or governmental authority (collectively, the “Laws”), to reach levels which are applicable to or arise from the conduct of Tenant’s specific business at the Premises; provided, however, in would potentially cause an unsafe environment. In no event shall Tenant introduce or permit to be required to perform any capital improvements or repairs or to remedy any non-compliance by kept on the Premises with Laws unless such capital improvements or repairs brought into the Building any dangerous, noxious, radioactive or remedy are required because of the negligence or willful misconduct of Tenant or Tenant’s employees or agentsexplosive substance.
(c) Tenant agrees to comply with the rules and regulations currently in effect for the Premises, a copy of which is attached hereto as Exhibit “C” and such modifications thereof and additions thereto as Landlord may hereafter make, in Landlord’s reasonable discretion, provided written notice thereof is given to Tenant (the “Rules and Regulations”) and provided that such modifications do not adversely affect Tenant’s use of the Premises, the Common Areas, the Leased Equipment or the Master Control Room. Landlord agrees that it will (i) enforce such Rules and Regulations consistently and equitably in a non-discriminatory manner, and (ii) promptly notify Tenant in writing of any alleged non-compliance by Tenant with the Rules and Regulations.
(d) Tenant acknowledges that Landlord is a party to collective bargaining agreements (“CBAs”) with several unions. To the extent that Landlord has any obligations pursuant to the CBAs which relate to the Premises and informs Tenant of such obligations, Tenant agrees to comply with said obligations and abide by the CBAs and Landlord agrees to use commercially reasonable efforts consistent with Past Practice, at Tenant’s cost, to assist Tenant with its compliance with such obligations.
(e) Landlord acknowledges and agrees that, notwithstanding anything in this Lease to the contrary, Tenant shall have similar access and use rights in and to the Premises, the Leased Equipment, the Common Areas (subject to Section 1(a)) and the Master Control Room as Tenant has had prior to the date hereof consistent with Past Practice and otherwise necessary to operate the Business (as such term is defined in the Trademark License Agreement which is included in the New Transaction Documents), and that such access and use is permitted, and a Permitted Use, under this Lease.
Appears in 1 contract
Samples: Lease (Riot Blockchain, Inc.)