Common use of Use of Premises Hazardous Materials Clause in Contracts

Use of Premises Hazardous Materials. (See Addendum Section 48.9) 10.1. Tenant shall use the Premises only for the purpose specified in the applicable Basic Lease Provision and for no other purpose without the prior written consent of Landlord. Tenant shall not use the Premises in violation of any applicable law, ordinance or governmental regulation or of the certificate of occupancy issued for the Premises, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any applicable law, ordinance or governmental regulation or of said certificate of occupancy. Tenant shall promptly comply with all protective covenants and architectural standards applicable to the Premises and all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction over the Premises, or any applicable insurance underwriters. Such standards imposed by Landlord shall not be unreasonable. Tenant shall not do or permit anything to be done in or about the Premises which will interfere with the rights of other occupants of the Center, or injure or annoy them, or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises. Tenant shall not (a) place a load upon any floor of the Premises which exceeds the floor load per square foot which such floor was designed to carry, (b) attach or hang any object or item from the ceiling or roof of the Premises or any structural component of the Premises without Landlord's prior written consent thereto (which shall not be unreasonably withheld), (c) use an electric cart or any other vehicle, excluding automobiles, in the Center except as previously approved by Landlord in writing (which shall not be unreasonably withheld), or (d) violate any mandatory restrictions imposed by any governmental authority with respect to conservation of energy, water, gas or electricity or reduction of automobile or other emissions or any rules of Landlord adopted in compliance therewith. Tenant shall not do or permit to be done anything which will injure the Premises or invalidate or increase the cost of any insurance policy(ies) covering the Premises, the Center and/or property located therein; provided, however, that in the event of any increase in insurance premiums or policies covering the Premises, the Center and/or property located herein, Tenant shall not be in breach hereof so long as Tenant promptly reimburses Landlord for the cost of such increase. Tenant shall maintain no outside storage. 10.2. Notwithstanding the foregoing, Tenant may contest any governmental requirement or alleged violation thereof, so long as Landlord's interest in the Premises and the Center are not thereby adversely affected, and Landlord shall, at Tenant's request, join in such contest if its participation is necessary, but at no expense to Landlord. If any security must be posted, or any order must be obtained to forestall compliance with such requirement pending the determination of such contest, Tenant shall post such security or shall obtain such order prior to commencing such contest and such action shall be a condition to Tenant's right to contest. If such contest is finally determined adversely to Tenant, Tenant shall promptly comply with the requirement(s) determined to be applicable to the Premises and shall indemnify and hold Landlord harmless from all liabilities, damages, costs (including costs and attorneys' fees incurred or awarded in such contest) and expenses occasioned by any non-compliance by Tenant and any delay in effecting compliance, including any delay occasioned by a contest determined adversely to Tenant.

Appears in 1 contract

Samples: Master Building Lease (Filenet Corp)

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Use of Premises Hazardous Materials. (See Addendum Section 48.9)Section 10.1. 10.1 Tenant shall use the Premises only for the purpose specified in the applicable Basic Lease Provision and for no other purpose without the prior written consent of Landlord. Tenant shall not use the Premises in violation of any applicable law, ordinance or governmental regulation or of the certificate of occupancy issued for the Premises, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any applicable law, ordinance or governmental regulation or of said certificate of occupancy. Tenant shall promptly comply with all protective covenants and architectural standards applicable to the Premises and all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction over the Premises, or any applicable insurance underwriters. Such standards imposed by Landlord shall not be unreasonable. Tenant shall not do or permit anything to be done in or about the Premises which will interfere with the rights of other occupants of the Center, or injure or annoy them, or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises. Tenant shall not (a) place a load upon any floor of the Premises which exceeds the floor load per square foot which such floor was designed to carry, (b) attach or hang any object or item from the ceiling or roof of the Premises or any structural component of the Premises without Landlord's prior written consent thereto (which shall not be unreasonably withheld)thereto, (c) use an electric cart or any other vehicle, excluding automobiles, in the Center except as previously approved by Landlord in writing (which shall not be unreasonably withheld)writing, or (d) violate any mandatory restrictions imposed by any governmental authority with respect to conservation of energy, water, gas or electricity or reduction of automobile or other emissions or any rules of Landlord adopted in compliance therewith. Tenant shall not do or permit to be done anything which will injure the Premises or invalidate or increase the cost of any insurance policy(ies) covering the Premises, the Center and/or property located therein; provided, however, that in the event of any increase in insurance premiums or policies covering the Premises, the Center and/or property located herein, Tenant shall not be in breach hereof so long as Tenant promptly reimburses Landlord for the cost of such increase. Tenant shall maintain no outside storage. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such policy maintained by Landlord by reason of Tenant's failure to comply with the provisions of this Article. 10.2. 10.2 Notwithstanding the foregoing, Tenant may contest any governmental requirement or alleged violation thereof, so long as Landlord's interest in the Premises and the Center are not thereby adversely affected, and Landlord shall, at Tenant's request, join in such contest if its participation is necessary, but at no expense to Landlord. If any security must be posted, or any order must be obtained to forestall compliance with such requirement pending the determination of such contest, Tenant shall post such security or shall obtain such order prior to commencing such contest and such action shall be a condition to Tenant's right to contest. If such contest is finally determined adversely to Tenant, Tenant shall promptly comply with the requirement(s) determined to be applicable to the Premises and shall indemnify and hold Landlord harmless from all liabilities, damages, costs (including costs and attorneys' fees incurred or awarded in such contest) and expenses occasioned by any non-compliance by Tenant and any delay in effecting compliance, including any delay occasioned by a contest determined adversely to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Emulex Corp /De/)

Use of Premises Hazardous Materials. (See Addendum Section 48.9) 10.1. Tenant shall use the Premises only for the purpose specified in the applicable Basic Lease Provision and for no other purpose without the prior written consent of Landlord. Tenant shall not use the Premises in violation of any applicable law, ordinance or governmental regulation or of the certificate of occupancy issued for the Premises, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be a violation of any applicable law, ordinance or governmental regulation or of said certificate of occupancy. Tenant shall promptly comply with all protective covenants and architectural standards applicable to the Premises and all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction over the Premises, or any applicable insurance underwriters. Such standards imposed by Landlord shall not be unreasonable. Tenant shall not do or permit anything to be done in or about the Premises which will interfere with the rights of other occupants of the Center, or injure or annoy them, or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises. Tenant shall not (a) place a load upon any floor of the Premises which exceeds the floor load per square foot which such floor was designed to carry, (b) attach or hang any object or item from the ceiling or roof of the Premises or any structural component of the Premises without Landlord's ’s prior written consent thereto (which shall not be unreasonably withheld)thereto, (c) use an electric cart or any other vehicle, excluding automobiles, in the Center except as previously approved by Landlord in writing (which shall not be unreasonably withheld)writing, or (d) violate any mandatory restrictions imposed by any governmental authority with respect to conservation of energy, water, gas or electricity or reduction of automobile or other emissions or any rules of Landlord adopted in compliance therewith. Tenant shall not do or permit to be done anything which will injure the Premises or invalidate or increase the cost of any insurance policy(ies) covering the Premises, the Center and/or property located therein; provided, however, that in the event of any increase in insurance premiums or policies covering the Premises, the Center and/or property located herein, Tenant shall not be in breach hereof so long as Tenant promptly reimburses Landlord for the cost of such increase. Tenant shall maintain no outside storage. Tenant shall promptly upon demand reimburse Landlord for any additional premium charged for any such policy maintained by Landlord by reason of Tenant’s failure to comply with the provisions of this Article. 10.2. Notwithstanding the foregoing, Tenant may contest any governmental requirement or alleged violation thereof, so long as Landlord's ’s interest in the Premises and the Center are not thereby adversely affected, and Landlord shall, at Tenant's ’s request, join in such contest if its participation is necessary, but at no expense to Landlord. If any security must be posted, or any order must be obtained to forestall compliance with such requirement pending the determination of such contest, Tenant shall post such security or shall obtain such order prior to commencing such contest and such action shall be a condition to Tenant's ’s right to contest. If such contest is finally determined adversely to Tenant, Tenant shall promptly comply with the requirement(s) determined to be applicable to the Premises and shall indemnify and hold Landlord harmless from all liabilities, damages, costs (including costs and attorneys' fees incurred or awarded in such contest) and expenses occasioned by any non-compliance by Tenant and any delay in effecting compliance, including any delay occasioned by a contest determined adversely to Tenant.

Appears in 1 contract

Samples: Building Lease (EPL Intermediate, Inc.)

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Use of Premises Hazardous Materials. (See Addendum Section 48.9) 10.1. 1) In no event shall Tenant shall use be permitted to install more than the number of work stations and/or desks in the Premises only reflected in the Working Drawings approved by Landlord. By its approval of the number of work stations and/or desks for the purpose specified Premises reflected in the applicable Basic Lease Provision and for no other purpose without Working Drawings approved by Landlord, Landlord is NOT approving, permitting, condoning or authorizing use by Tenant of in excess of 3.6 parking spaces per 1,000 square feet of usable area. (2) Notwithstanding anything to the prior written consent contrary in Section VIII.B. of the Lease, as part of Landlord. Tenant 's obligations pursuant to Section X.A. Landlord shall not use be responsible to cause the Common Areas and the structural elements of the Premises to comply with laws and statutes which may be in violation of effect and applicable to the Project, if, as and when such compliance is required by applicable governmental authorities. In addition, in the event any applicable lawgovernmental authority cites Tenant and/or Landlord for failure of Landlord's Work to comply with laws in effect, ordinance or governmental regulation or applicable to the Building and applied to Landlord's Work as a condition to issuance of the a certificate of occupancy issued for the Premises, then Landlord shall be responsible to replace and/or repair such portions of Landlord's Work so as to cause the same to comply with such laws. (3) Landlord has disclosed to Tenant certain information regarding the presence (or lack thereof) of Hazardous Materials in or about the Project by delivery to Tenant of a copy of the Phase I Environmental Assessment Report dated January 19, 1994 prepared by Xxxxxxxx-Xxxxx Consultants with respect to the Project (the "Report"), receipt and review of which Tenant acknowledges by its execution and delivery of this Lease. To the extent that the Report indicates the presence of Hazardous Materials which would require removal, remediation or adoption of an "OEM" plan, Tenant agrees to cooperate fully with Landlord in connection therewith and comply fully with the provisions of any such plan implemented by Landlord. Landlord shall, upon five at its sole cost and expense (5) days' written notice from Landlordbut subject to recovery as Common Operating Costs to the extent permitted hereby), discontinue any use of the Premises which is declared comply promptly, if, as and when required by any applicable governmental authority having jurisdiction to be a violation of any applicable lawauthorities, ordinance or governmental regulation or of said certificate of occupancy. Tenant shall promptly comply with all protective covenants and architectural standards applicable to the Premises and all present and future laws, ordinances, orders, rules, regulations and governmental requirements of all governmental authorities having jurisdiction over the Premisesnow in force or which may hereafter be in force, or any applicable insurance underwriters. Such standards imposed by Landlord shall not be unreasonable. Tenant shall not do or permit anything to be done in or about the Premises which will interfere with the rights of other occupants of the Center, or injure or annoy them, or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or commit any waste in, on or about the Premises. Tenant shall not (a) place a load upon any floor of the Premises which exceeds the floor load per square foot which such floor was designed to carry, (b) attach or hang any object or item from the ceiling or roof of the Premises or any structural component of the Premises without Landlord's prior written consent thereto (which shall not be unreasonably withheld), (c) use an electric cart or any other vehicle, excluding automobiles, in the Center except as previously approved by Landlord in writing (which shall not be unreasonably withheld), or (d) violate any mandatory restrictions imposed by any governmental authority with respect to conservation of energy, water, gas or electricity or reduction of automobile or other emissions or any rules of Landlord adopted in compliance therewith. Tenant shall not do or permit to be done anything which will injure the Premises or invalidate or increase the cost of any insurance policy(ies) covering the Premises, the Center and/or property located thereinHazardous Materials; provided, however, that in the event of any increase in insurance premiums or policies covering the Premises, the Center and/or property located herein, Tenant shall not be in breach hereof so long as Tenant promptly reimburses Landlord for the cost of such increase. Tenant shall maintain no outside storage. 10.2. Notwithstanding the foregoing, Tenant may contest any governmental requirement or alleged violation thereof, so long as Landlord's interest in the Premises and the Center are not thereby adversely affected, and Landlord shall, at Tenant's requestits sole cost and expense, join in such contest if its participation is necessary, but at no expense to Landlord. If any security must be posted, or any order must be obtained to forestall compliance with such requirement pending the determination of such contest, Tenant shall post such security or shall obtain such order prior to commencing such contest and such action shall be a condition to Tenant's right to contest. If such contest is finally determined adversely to Tenant, Tenant shall promptly comply with its obligations under this Lease with respect to Hazardous Materials pursuant to Section VIII.C. of the requirement(s) determined to be applicable to the Premises and shall indemnify and hold Landlord harmless from all liabilities, damages, costs Lease and/or this clause (including costs and attorneys' fees incurred or awarded in such contest) and expenses occasioned by any non-compliance by Tenant and any delay in effecting compliance, including any delay occasioned by a contest determined adversely to Tenant3).

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

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