Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 6 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Use of Premises. Tenant The Leased Premises shall be used solely for the purpose of Lessee’s business, specifically: ____________ __ __ __ __ __ __ __ __ __ __ ___ __ __ __ __ __ __ _ Lessee agrees to use the Leased Premises for reasonable business, commercial, retail, warehousing or industrial uses which do not materially damage the Leased Premises. Lessee’s use of the Leased Premises shall be in a lawful, careful, safe, and proper manner, and Lessee shall carefully preserve, protect, control and guard the same from damage, at Lessee’s sole expense. Lessee shall not use the premises parking area or any part thereof, the ingress and egress area of the Premises in an unreasonable manner so as to interfere with the normal flow of traffic or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, of such areas by occupants of properties adjacent to all the covenants, agreements, terms, provisions and conditions of this LeaseLeased Premises. Those portions, if any, of Lessee shall not use the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only Leased Premises for the purposes for which they are designedof storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant will not at any time use or occupy Lessee shall, on the premises or any part thereofExpiry Date or, or permit if earlier terminated upon such termination, surrender possession of the premises or any part thereof Leased Premises without further notice to be used or occupiedquit, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesas good condition as reasonable use will permit. Tenant Lessee shall not xxx use the Leased Premises for living quarters or permit as a residence. Lessee shall not use the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or Leased Premises for any unlawful purposes unlawful, immoral or improper purpose, or in any unlawful manner and Tenant shall not suffer which is contrary to law or permit the premises or to any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises whichdirections, in the judgment of Landlordrules, shall in any way impair or tend to impair the characterregulations, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premisesregulatory bodies, or impair officials having jurisdiction thereof or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit which shall be required for the proper and lawful conduct of Tenant's business injurious to any person or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitproperty.
Appears in 5 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx use or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind kind, which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Use of Premises. (A) Tenant hereby covenants and agrees the Premises shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, used for any purpose other than for the use hereinabove specifically mentionedfollowing purposes: vehicle tire sales, subjectrepairs, howeverparts accessories, maintenance and service.
(B) Tenant, at its own expense, shall comply with and carry out promptly, all orders, requirements or conditions imposed by the ordinances, laws and regulations of the United States, Maryland and of all other governmental authorities having jurisdiction over the Premises or Tenant, which are occasioned by or required in the conduct of Tenant’s business in the Premises, including but not limited to all environmental laws and regulations now or hereafter promulgated relative thereto. Tenant shall further comply with the covenantsAmericans with Disabilities Act of 1990 (ADA) and any amendment to ADA, agreementsas well as applicable state land local laws, termsregulations and ordinances regarding access to, provisions employment of, and conditions of this Leaseservice to individuals covered by the ADA. Those portionsThe compliance with ADA will include, if anybut not be limited to, the design, construction and Alterations of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedPremises. Tenant will not at indemnify Landlord and save it harmless from all penalties, claims and demands, resulting from any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesnoncompliance. Tenant shall not xxx be responsible for obtaining and shall promptly obtain at its sole cost and expense all licenses, permits, certificates of occupancy, variances, special exceptions or permit the use any other permission necessary for its use, occupancy, repairs and subject to Section 8, signs, and subject to Section 9, Alterations of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Premises by Tenant as contemplated herein.
(C) Tenant shall not suffer or permit the premises Premises or any part portion thereof to be used by the public without restriction or in such a manner as might reasonably tend to impair Landlord’s title to the Premises, or any portion thereof, or in such manner as might reasonably make possible a claim of adverse usage or anything to adverse possession by the public, as such or of implied dedication of the Premises or any portion thereof Tenant hereby expressly recognizes that in no event shall it be done therein or suffer or permit anything to be brought into or kept in deemed the premises which, in the judgment agent of Landlord, shall in any way impair or tend to impair the character, reputation or appearance and no contractor of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install by virtue of its contract be entitle to assert any electrical lien against the Premises or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit’s interest therein.
Appears in 4 contracts
Samples: Lease Agreement (Monro Muffler Brake Inc), Lease Agreement (Monro Muffler Brake Inc), Lease Agreement (Monro Muffler Brake Inc)
Use of Premises. The Premises shall be used and occupied by Tenant shall not use exclusively as a private single family residence, and no part of it may be used by Tenant at any time during the premises term of this Lease or extension of same for the purpose of carrying on any part thereofbusiness, profession, or permit the premises trade of any kind, or any part thereof to be used, for any purpose other than as a private single family residence. If Tenant fails to occupy and take possession of the use hereinabove specifically mentionedPremises within Five (5) days from the Commencement Date, subject, however, to all the covenants, agreements, terms, provisions and conditions Tenant shall be in default of this Lease. Those portionsTenant shall comply with all the sanitary laws, if anyordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of and the sidewalks connected to the Premises during the term of this Lease. Tenant and all other persons on the Premises must refrain from conducting themselves in any way that would unduly disturb Tenant's neighbors or constitute a breach of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedpeace. Tenant will may not at any time use or occupy the premises or permit any part thereof, or permit of the premises or any part thereof Premises to be used for: (a) any activity which is a nuisance, offensive, noisy, or occupieddangerous; (b) the repair of any vehicle; (c) any business of any type, in violation including child care; (d) any activity which violates any applicable rules and/or regulations of Landlord; (e) any illegal or unlawful activity; or (f) other activity which will obstruct, interfere with, or infringe on the certificate rights of occupancy (temporary other persons near the Premises. Tenant hereby acknowledges and agrees that Tenant shall be solely liable for and shall promptly pay all fines, fees or final) issued for charges assessed against the Building Tenant and/or the premises. Premises for violations by Tenant shall not xxx or permit of: (a) any laws, ordinances, rules, and orders of appropriate governmental authorities affecting the use cleanliness, occupancy, and preservation of and the premises or any part thereof in any way which would violate any of sidewalks connected to the covenants, agreements, terms, provisions and conditions Premises during the term of this Lease Lease; (b) any illegal or for any unlawful purposes activity; or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which(c) other activity which obstructs, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premisesinterferes with, or impair or interfere with or tend to impair or interfere with infringes on the use rights of any of other persons near the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitPremises.
Appears in 4 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement, Residential Lease Agreement
Use of Premises. Tenant The Leased Premises shall be used solely for the purpose of Xxxxxx’s business, specifically: ____________ __ __ __ __ __ __ __ __ __ __ ___ __ __ __ __ __ __ _ Xxxxxx agrees to use the Leased Premises for reasonable business, commercial, retail, warehousing or industrial uses which do not materially damage the Leased Premises. Xxxxxx’s use of the Leased Premises shall be in a lawful, careful, safe, and proper manner, and Lessee shall carefully preserve, protect, control and guard the same from damage, at Xxxxxx’s sole expense. Lessee shall not use the premises parking area or any part thereof, the ingress and egress area of the Premises in an unreasonable manner so as to interfere with the normal flow of traffic or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, of such areas by occupants of properties adjacent to all the covenants, agreements, terms, provisions and conditions of this LeaseLeased Premises. Those portions, if any, of Lessee shall not use the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only Leased Premises for the purposes for which they are designedof storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Tenant will not at any time use or occupy Lessee shall, on the premises or any part thereofExpiry Date or, or permit if earlier terminated upon such termination, surrender possession of the premises or any part thereof Leased Premises without further notice to be used or occupiedquit, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesas good condition as reasonable use will permit. Tenant Lessee shall not xxx use the Leased Premises for living quarters or permit as a residence. Lessee shall not use the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or Leased Premises for any unlawful purposes unlawful, immoral or improper purpose, or in any unlawful manner and Tenant shall not suffer which is contrary to law or permit the premises or to any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises whichdirections, in the judgment of Landlordrules, shall in any way impair or tend to impair the characterregulations, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premisesregulatory bodies, or impair officials having jurisdiction thereof or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit which shall be required for the proper and lawful conduct of Tenant's business injurious to any person or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitproperty.
Appears in 4 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas a. The Premises shall be used by Tenant only for the purposes Use of Premises, and for which they are designedno other purpose. Tenant shall not knowingly permit to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will not at in any time use way violate any law, statute, ordinance or occupy the premises governmental rule or any part thereofregulation now in force or which may hereafter be enacted or promulgated, or permit which is prohibited by any fire insurance policy, or cause a cancellation of any insurance policy covering the premises Project or any part thereof to be used or occupied, in violation any of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesits contents. Tenant shall not xxx or permit allow the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or Project to be used for any unlawful purposes or in any unlawful manner and purpose; nor shall Tenant shall not suffer cause, maintain, or permit any nuisance in or about the premises Project or any part thereof commit or suffer to be used in committed any manner or anything waste of the Project, other than ordinary reasonable wear and tear. Tenant, without paying any Additional Rent for such space, shall also be entitled to be done therein or suffer or permit anything to be brought into or kept use available space in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance core and/or equipment rooms of the Building as a first-class office buildingneeded for telephone, impair or interfere with or tend to impair or interfere with any of the Building services or the proper power and/or electric feeds, supplies and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenantconnections, at Tenant's expense’s sole risk and expense (except for matters arising out of Landlord’s negligence, willful misconduct or breach of this Lease), and subject to compliance with all applicable federal, state, and local laws, codes, ordinances, rules and regulations of any governmental entity or agency having jurisdiction of the Premises (“Legal Requirements”).
b. Tenant agrees to comply with all applicable Legal Requirements, including, without limitation, the Americans with Disabilities Act and the regulations promulgated thereunder (the “ADA”). If due to Tenant’s specific use of the Premises, repairs, improvements or alterations are necessary to comply with any Legal Requirements, Tenant shall duly procure pay the entire cost thereof. Notwithstanding the foregoing, Landlord covenants that, as of the Commencement Date for each Phase, the Project will comply with all Legal Requirements applicable to the ownership and thereafter maintain such license or permit and submit operation of the same to inspection Project as of each Commencement Date arising out of the construction of each Phase by Landlord, including, without limitation, environmental laws and regulations and the ADA (other than as a result of the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant). If Landlord receives a notice of violation of any such Legal Requirements (other than as a result of the negligence or willful misconduct of Tenant or its agents, employees, or contractors, or breach of this Lease by Tenant), then the work required to bring the applicable item into compliance will be performed by Landlord, at Tenant's its expense, shall, at all times, . Landlord agrees to indemnify and hold harmless Tenant from and against any environmentally-related remediation costs arising from the failure of the Project to comply with such environmental laws and regulations as of the terms and conditions of Commencement Date for each license or permitPhase.
Appears in 3 contracts
Samples: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)
Use of Premises. (a) Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant Premises only for the purposes operation of its regular course of business and for which they are designedno other purpose. Tenant will not at any time Said use or occupy the premises or any part thereofshall be limited to warehousing, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesoffice use and business-related activities only. Tenant shall not xxx accumulate any boxes, barrels, packages, waste paper or permit other articles in the use common areas of the premises Building. Tenant shall keep the Premises clean and orderly in accordance with the Landlord's standards for the Building. Tenant shall commit no waste on the Premises, nor shall Tenant suffer the same to be committed thereon.
(b) Tenant shall have the right to install and maintain at its own expense a discrete sign identifying the Tenant's occupancy at the entry monument. No signs of any kind shall be installed or any part thereof in any way which would violate any maintained on the exterior of the covenantsBuilding, agreements, terms, provisions and conditions or on the interior of this Lease or for any unlawful purposes or in any unlawful manner and the Building which shall be visible from outside the Building. Tenant shall not suffer otherwise install, place or permit paint any other sign on or about the premises exterior of the Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in interior of the judgment Building without the written consent of Landlord, which consent shall in any way impair not be unreasonably withheld. All such signs, whether installed or tend to impair maintained on the character, reputation exterior or appearance interior of the Building as a first-class office building, impair shall conform to any federal or interfere with or tend state statutes and to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or local ordinances which might then be in effect.
(c) Tenant will not interfere with the use conduct of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the business by other tenants or occupants of the BuildingBuilding or permit actions constituting a private nuisance or safety hazard.
(d) Tenant, at its own expense, shall comply with and hold Landlord harmless from all laws, orders and regulations of Federal, State and Municipal authorities and with any direction of any public officer or officers, pursuant to law, which shall impose any violation, order or duty upon Landlord or Tenant with respect to the Premises or the use or occupancy thereof. Tenant shall not install do or permit to be done any electrical act or thing upon the premises which will invalidate or be in conflict with fire, public liability or other equipment insurance policies covering the Building and shall not do or permit to be done, any act or thing upon the Premises which shall or might subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity operation being carried on it at the premises, Premises or for any reason.
(e) Tenant, at Tenant's its expense, shall duly procure comply with all rules, orders, regulations and thereafter maintain such license requirements of the Board of Fire Underwriters or other similar body or authority having jurisdiction and shall not do or permit and submit anything to be done in or upon the same Premises or the Building, or bring or keep anything therein, which is prohibited by the Fire Department or any of such Boards of Fire Underwriters or other body or authority or which would increase the rate of fire insurance applicable to inspection the Building over that in effect on the Commencement Date of this Lease Agreement. If by Landlord. Tenant, at Tenant's expense, shall, at all times, reason of failure to comply with the terms and conditions provisions of each license this subsection, any insurance rate for the Building shall, on the Commencement Date or permitanytime thereafter, be higher than it otherwise would be , the Tenant, upon demand, shall reimburse Landlord, as additional rent hereunder, for that part of all insurance premiums thereafter paid by the Landlord which shall have been charged because of such failure by Tenant.
Appears in 3 contracts
Samples: Lease Agreement (Sun Hill Industries Inc), Lease Agreement (Sun Hill Industries Inc), Lease Agreement (Sun Hill Industries Inc)
Use of Premises. The Tenant agrees to comply with the following rules and regulations and with such reasonable modifications thereof and additions thereto as the Landlord may hereafter from time to time make for the Building. The Landlord shall not be responsible for the nonobservance by any other tenant or any of said rules and regulations.
(a) The Tenant shall not exhibit, sell or offer for sale on the Premises or in the Building any article or thing except those articles and things essentially connected with the stated use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on Premises by the plan(sTenant without the advance consent of the Landlord.
(b) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. The Tenant will not at any time use or occupy the premises or any part thereof, make or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the made any use of the premises Premises or any part parts thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for which directly or indirectly is forbidden by public law, ordinance or governmental regulation or which may be dangerous to life, limb or property, or which may invalidate or increase the premium cost of any unlawful purposes policy of insurance carried on the Building or in any unlawful manner and Tenant shall not covering its operation, or which will suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building Property as a first-class high quality office building, impair or interfere with or tend to which will impair or interfere with any of the services performed by Landlord for the Property.
(c) The Tenant shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building services any sign, notice, legend, direction, figure or advertisement, except on the proper doors of the Premises and economic heatingon the Directory Board, cleaningand then only such name(s) and matter, air conditioning and in such color, size, place and materials, as shall first have been approved by the Landlord. The listing of any name other than that of the Tenant, whether on the doors of the Premises, on the Building directory, or other servicing otherwise, shall not operate to vest any right or interest in this Lease or in the Premises or be deemed to be the written consent of Landlord mentioned in Section 9, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant.
(d) The Tenant shall not advertise the business, profession or activities of the Tenant conducted in the Building in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such business address of the Tenant, and shall never use any picture or likeness of the Building in any circulars, notices, advertisements or correspondence without the premisesLandlord’s consent.
(e) No additional locks or similar devices shall be attached to any door or window without Landlord’s prior written consent. No keys for any door other than those provided by the Landlord shall be made. If more than two keys for one lock are desired, the Landlord will provide the same upon payment by the Tenant. All keys and key cards must be returned to the Landlord at the expiration or termination of the Lease. Tenant shall pay Landlord Landlord’s actual cost for any key cards furnished to Tenant to provide Tenant access to the Building after ordinary hours of operation.
(f) The Tenant shall not make any alterations, improvements or additions to the Premises including, but not limited to, wall coverings and special lighting installations, without the Landlord’s advance written consent in each and every instance. In the event Tenant desires to make any alterations, improvements or additions; Tenant shall first submit to Landlord Plans and Specifications therefor and obtain Landlord’s written approval thereof prior to commencing any such work. All alterations, improvements or additions, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord’s property and shall remain upon the Premises at the termination of this Lease without compensation to Tenant (except only Tenant’s movable office furniture, trade fixtures, office and professional equipment). Any damage caused by or resulting from the removal of Tenant’s office furniture, trade fixtures, and office and professional equipment may be repaired by the Landlord at Tenant’s cost and expense.
(g) All persons entering or leaving the Building after hours on Monday through Friday, or impair or interfere with or tend to impair or interfere with the use of at any of the other areas of the Building bytime on Saturdays, Sundays, or occasion discomfortholidays, inconvenience may be required to do so under such regulations as the Landlord may impose. The Landlord may exclude or annoyance toexpel any peddler.
(h) The Tenant shall not overload any floor. The Landlord may direct the time and manner of delivery, any routing and removal, and the location, of safes and other heavy articles.
(i) Unless the other tenants or occupants of Landlord gives advance written consent, the Building. Tenant shall not install or operate any electrical steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air-conditioning apparatus in or about the Premises, or carry on any mechanical business therein, or use the Premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein, or use any illumination other than electric light, or use or permit to be brought into the Building any inflammable fluids such as gasoline, kerosene, naphtha, and benzine, or any explosives, radioactive materials or other equipment articles deemed extra hazardous to life, limb or property. The tenant shall not use the Premises for any illegal or immoral purpose.
(j) The Tenant shall cooperate fully with the Landlord to assure the effective operation of the Building’s common area air conditioning and heating system; and leave closed, except for purposes of ingress and egress, the doors from the Premises to the common area hallways, and the entrance doors to the Building when the common area’s air-conditioning and heating system is in use.
(k) The Tenant shall not contract for any kind whichwork or service which might involve the employment of labor incompatible with the building employees or employees of contractors doing work or performing services by or on behalf of the Landlord.
(l) The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by the Tenant or used for any purpose other than for ingress to and egress from its Premises. The halls, passages, exits, entrances, elevators, stairways and roof are not for the use of the general public and the Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of the Landlord, might shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to prevent such access to persons with whom the Tenant normally deals in the ordinary course of Tenant’s business unless such persons are engaged in illegal activities. Neither Tenant nor any employees or invitees of Tenant shall go upon the roof or mechanical floors of the Building.
(m) Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in manner offensive or objectionable to the Landlord or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Property.
(n) Tenant shall see that all doors, and windows, if operable, of the Premises are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus in the Premises are entirely shut-off before Tenant or Tenant’s employees leave the Building, so as to prevent waste or damage.
(o) Tenant agrees that it will not violate any Environmental Requirements or cause or permit any Hazardous Substances to be present, generated, treated, stored, released, used or disposed of in, on, at or under the Premises, Building, or Project. Notwithstanding the foregoing, Tenant may, upon written consent of Landlord (which may be granted or withheld in Landlord’s sole discretion) and solely as an incident to its business operations, use certain materials and substances which may contain Hazardous Substances provided that same are of a type and in the quantities customarily found or used in similar office environments, such impairmentas packaging materials, interferencecommercial cleaning fluids, discomfortphotocopier fluids and similar substances and further provided that all such use is in total compliance with all Environmental Requirements. Tenant covenants and agrees to defend, inconvenience indemnify, and hold harmless Landlord and beneficiaries, Landlord’s lenders or annoyance. Except mortgage holders, officers, directors, servants, agents, successors, assigns, and employees thereof, respectively (collectively, “Landlord’s Affiliates”), both in their capacities as corporate representatives and as individuals, from and against any and all liabilities, actions, responsibilities, obligations, environmental impairment damages, fines, losses, damages, and claims, and all costs and expenses (including but not limited to attorneys’ fees and expenses) (collectively, “Losses”) in any manner whatsoever incurred, which: i) relate in any way to Tenant’s failure or alleged failure to comply with any Environmental Requirements; ii) related to the actual or threatened release, generation, treatment, presence, storage, use, or disposition of any Hazardous Substances, pollutants, or contaminants which have resulted from or are related to Tenant’s activities on the Premises; iii) the violation or threatened violation of Tenant’s covenants herein; or iv) otherwise arise pursuant to any Environmental Requirements.
(p) Tenant shall also comply with Rules and Regulations as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitExhibit “C”.
Appears in 3 contracts
Samples: Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof covenants and agrees to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofTemporary Space and the Premises exclusively for general office purposes, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere consistent with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants first class nature of the Building. Tenant shall use the Premises in a careful, safe, and proper manner and agrees to pay for any damage to the Building or Premises caused by misuse or abuse by Tenant, its agents or employees, or by any other person entering upon the Building and/or the Premises under the express or implied invitation of Tenant. Such payment shall be made within thirty (30) days of such damage. Tenant shall not install conduct any electrical activity or perform any act prohibited by the laws of the United States of America or the State of Connecticut or the ordinances of the City of New Haven and shall not commit waste nor suffer waste to be committed, nor permit any nuisance on or in the Premises. Tenant understands that all "Common Areas" as defined herein, of the Building are to be shared in common with all other equipment tenants and that they shall be subject to the exclusive control and management of the Landlord. Tenant shall have the right to the nonexclusive use, in common with others, of those driveways, walks, and other facilities on the Property as may be provided, from time to time, by Landlord for use of the tenants of the Building (hereinafter called "Common Areas"). Landlord may at any time and from time to time, in its sole discretion increase, decrease or change in any manner the Common Areas. Landlord may at any time close temporarily the Common Areas to make repairs or changes or to effect construction, repairs or changes within the Building. No such action of Landlord shall be deemed to be an eviction of Tenant, or breach of this Lease, nor give rise to any claim for damages or for a reduction of any kind whichBase Rent, in the judgment "Tenants Proportionate Share of LandlordOperating and Tax Expenses," as defined herein, might cause any such impairmentor "Additional Rent," as defined herein (sometimes collectively referred to herein as "Rent"); provided, interferencehowever, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit no action shall be required taken by Landlord which would eliminate or substantially reduce, access to the Premises. The Common Areas shall not be decreased, changed or closed in such a manner or for such a time so as to adversely affect the proper first class reputation and lawful conduct nature of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitBuilding.
Appears in 3 contracts
Samples: Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc), Lease Agreement (DSL Net Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx sue or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Use of Premises. Tenant shall not use the premises Premises only for the Permitted Use. Tenant will not occupy or any part thereofuse the Premises, or permit any portion of the premises or any part thereof Premises to be occupied or used, for any business or purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease Permitted Use or for any use or purpose which is unlawful purposes in part or in any unlawful manner and Tenant shall not suffer whole or permit the premises or any part thereof deemed to be used disreputable in any manner or extra hazardous on account of fire or other casualty, nor permit anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall which will in any way impair or tend to impair increase the character, reputation or appearance rate of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of insurance on the Building or contents; and in the premisesevent that, by reason of acts of Tenant or impair Tenant's servants, employees, agents, contractors, licensees or interfere with or tend to impair or interfere with the use invitees ("Tenant Parties"), there shall be any increase in rate of any of the other areas of insurance on the Building byor contents, then such acts shall be deemed to be an Event of Default hereunder and Tenant hereby agrees to pay to Owner the amount of such increase on demand. Tenant will conduct its business and control Tenant Parties in such a manner as not to create any nuisance, nor interfere with, annoy or occasion discomfort, inconvenience or annoyance to, any of the disturb other tenants or occupants Owner in the ownership or management of the Land or Building. Tenant shall not install will maintain the Premises in a clean, healthful and safe condition and will comply with all laws, ordinances, orders, rules and regulations (of federal, state, municipal and other agencies or bodies having any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notjurisdiction thereof), and will not permit anyone toany restrictive covenants and condominium association by-laws, sell rules and regulations of which Tenant has been advised, with reference to the use, condition or traffic in any spirituous liquors, wine, ale or beer in or from occupancy of the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitPremises.
Appears in 3 contracts
Samples: Lease Agreement (Gametech International Inc), Lease Agreement (Cet Environmental Services Inc), Lease Agreement (Navidec Inc)
Use of Premises. Section 3.01 Tenant shall not use the premises Premises or any part thereof, or permit the premises Premises or any part thereof to be usedused in any manner which would violate the Certificate of Occupancy for the Building or, for any purpose other than the use hereinabove hereinbefore specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown Premises, identified as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. .
Section 3.02 Tenant shall not xxx use or permit the use of the premises Premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class high quality office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premisesPremises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical No property other than such as might normally be brought upon or other equipment of any kind which, kept in the judgment Premises as an incident to the reasonable use of Landlord, might cause any such impairment, interference, discomfort, inconvenience the Premises for the purposes specified in this Lease shall be brought upon or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing kept in the premises. Premises.
Section 3.03 If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's ’s business or other activity carried on it in the premisesPremises, and if the failure to secure such license or permit might or would, in any way, affect Landlord, then Tenant, at Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, shall at all times, times comply with the terms and conditions requirements of each such license or permit.
Appears in 3 contracts
Samples: Lease (Paramount Group, Inc.), Lease (Hudson Holding Corp), Lease (Crown Media Holdings Inc)
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises Premises in violation of any law, statute, ordinance or any part thereof governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority to be used a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupiedoccupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or the Project and all covenants, conditions and restrictions affecting the Premises, the Building or the Project, including, but not limited to, Tenant’s execution of any subordination agreements requested by a mortgagee of the Premises, the Building or the Project.
(c) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the State or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business will continue to be lawful or permissible under any certificate of occupancy (temporary or final) issued for the Building and/or or the premises. Premises, or otherwise permitted by Law.
(d) Tenant shall not xxx do or permit to be done anything which may invalidate or increase the use cost of any fire, All Risk or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises appropriate fire codes and ordinances or any part thereof other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical or other create within the Premises a working environment with a density of greater than five (5) persons per 1,000 square feet of Rentable Area. Business machines and mechanical equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and submit smoke detectors and burglar alarms located within the same Premises and shall cooperate with Landlord and other tenants in the Project with respect to inspection access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by Landlord. Tenantany local governmental authority, at Tenant's expensethe State or the United States Government, shallincluding, at all timeswithout limitation, comply with the terms and conditions of each license any material or permitsubstance which is (A) defined or listed as a “hazardous waste,” “pollutant,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance” or “hazardous material” under any applicable federal, state or local Law or administrative code promulgated thereunder, (B) petroleum, or (C) asbestos.
Appears in 2 contracts
Samples: Office Lease (CIPHERLOC Corp), Office Lease (Roberts Realty Investors Inc)
Use of Premises. (a) The Premises and Common Area shall be used for the Permitted Use and for no other purpose without the prior written consent of Landlord, in its sole discretion. Tenant shall have keys and necessary security clearance to access the Building and Premises, including Common Area, 24 hours per day, 7 days per week. Landlord shall supply Tenant with up to five keys FOBs per 1,000 rentable square feet of the Premises at Landlord’s sole cost. Additional FOBs shall be provided to Tenant at the cost of $75.00 per FOB. Landlord shall maintain reception staff for the Building from 8 am to 5 pm Mondays through Fridays (excluding holidays); provided, however, that Landlord’s failure to do so shall not be a default under this Lease.
(b) Tenant shall act in accordance with and not violate any restrictions or covenants of record affecting the Premises and Common Area or the Building. Tenant shall not use or occupy the premises Premises and Common Area in violation of any applicable law, code, regulation or ordinance, and shall immediately discontinue any use of the Premises and Common Area which is declared by either any governmental authority having jurisdiction or the Landlord to be a violation of any such law, code, regulation or ordinance. Tenant shall comply with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant’s use or occupancy of the Premises and Common Area, impose any duty upon Tenant or Landlord with respect to the Premises and Common Area or with respect to the use or occupancy thereof.
(c) Tenant shall not do nor permit to be done anything which will invalidate or increase the cost of any casualty and extended coverage insurance policy covering the Building and/or property located therein (and Tenant shall not do nor permit to be done anything which will invalidate or increase the cost of such policy) and shall comply with all rules, orders, regulations and requirements of the appropriate Fire Rating Bureau or any part thereofother organization performing a similar function. Tenant shall promptly upon written demand and a reasonable opportunity to cure any problem which results in an invalidation or increase in the cost of any casualty and extended coverage insurance policy, or permit the premises or any part thereof to be usedreimburse Landlord, as Additional Rent, for any purpose other than additional premium charged for such policy by reason of Tenant’s failure to comply with the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesparagraph. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in, on or kept in about the premises which, in the judgment of Landlord, shall Premises and Common Area which would in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, or use or allow the Premises and Common Area to be used for any unlawful purpose, nor shall Tenant maintain or permit any nuisance or commit or suffer to be committed any waste in, on or about the Building.
(d) Use of the Premises shall also include Common Area. Tenant shall not install any electrical or other equipment of any kind whichhave the non-exclusive right (except with respect to exclusive, pre-approved events in the judgment Amenity Area(s) (or portion thereof) approved by Landlord) to use the Common Area on a reasonable basis that does not interfere with the ability of Landlord, might other tenants to also use said space or with events which have been scheduled and reserved in advance. It is understood that areas of the Building may be used for events and other uses that may cause significant increase in traffic at certain times and any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will use shall not permit anyone to, sell or traffic in be a basis for any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct constructive eviction of Tenant's business , or other activity carried on it entitle Tenant to any offset or abatement of Rent so long as Landlord provides at least forty-eighty (48) hours’ advance notice of an event that may cause a material disruption to Tenant’s use of the premisesCommon Areas or Amenity Areas, but in no event shall any such event interfere with Tenant, at Tenant's expense, shall duly procure ’s Permitted Use or its use and thereafter maintain occupancy of the Premises; Tenant hereby acknowledging and agreeing to such license or permit and submit the same to inspection use by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions execution of each license or permitthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Use of Premises. Tenant shall use the Premises solely for general office purposes consistent with the character of the Building of a high quality nature and approved biotechnology laboratory use, to the extent permitted by the City of Alameda and all governmental authorities having jurisdiction thereof, and Tenant shall not use the premises or any part thereof, or permit the premises Premises to be used for any other purpose or purposes whatsoever. Tenant further covenants and agrees that it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy purpose contrary to the premises or any part thereofprovisions of Exhibit D, attached hereto, or permit the premises or any part thereof to be used or occupied, in violation of the certificate laws of occupancy (temporary or final) issued for the United States of America, the state in which the Building and/or is located, or the premisesordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building. Tenant shall not xxx violate any provisions of any ground or permit underlying leases, now or hereafter affecting the Building, Complex and/or Real Property. Tenant shall also not violate any documents, matters or instruments, including without limitation, any declarations of covenants, conditions and restrictions, and any supplements thereto, each of which has been or hereafter is recorded in any official or public records with respect to the Premises, Building, Complex and/or Real Property, or any portion thereof. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Premises are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises, and Tenant's use of the premises Premises and that same are in compliance with all applicable Laws throughout the Lease Term. Additionally, Tenant shall be solely responsible for the payment of all costs, fees and expenses associated with any modifications, improvements or Alterations to the Premises, the Building, the Common Areas, the Complex and/or the Real Property occasioned by the enactment of, or changes to, any part thereof in any way which would violate any Laws arising from Tenant's particular use of the covenantsPremises or Alterations, agreements, terms, provisions and conditions improvements or additions made to the Premises regardless of this Lease or for any unlawful purposes or in any unlawful manner and when such Laws became effective. Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building byLandlord, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, other buildings in the Complex, or other persons or businesses in the area, or injure or annoy other tenants or use or allow the Premises to be used for any unlawful or objectionable purpose, as determined by Landlord, in its reasonable discretion. Tenant shall not cause, maintain or permit any private or public nuisance in, on or about the Premises, Building, Common Areas, Complex and/or Real Property, including, but not limited to, any offensive odors, noises, fumes or vibrations. Tenant shall not damage or deface or otherwise commit or suffer to be committed any waste in, upon or about the Premises. Tenant shall not place or store, nor permit any other person or entity to place or store, any property, equipment, materials, supplies, personal property or any other items or goods outside of the Premises for any period of time. Tenant shall not install any electrical radio or television antenna, loudspeaker or other equipment device on the roof or exterior walls of any kind whichthe Building, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In all circumstances Tenant shall not interfere with radio or television broadcasting or reception or other telecommunications broadcasting or reception from or in the judgment Building or elsewhere. Tenant shall place no loads upon the floors, walls, or ceilings of Landlordthe Premises in excess of the average pounds of live load per square foot floor area specified for the Building by the applicable Uniform Building Code or which may damage the Building or outside areas, might cause any such impairmentwith the partitions to be considered a part of the live load. Landlord reserves the right to prescribe the weight and position of all safes, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, files and heavy equipment which Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing desires to place in the premisesPremises so as to distribute properly the weight thereof. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other activity carried on it space in the premisesBuilding shall be so installed, maintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for all structural engineering required to determine structural load. Landlord shall not be responsible for any damage or liability for any of such events. Tenant hereby acknowledges and agrees that Landlord has informed Tenant that noise produced by aircraft used at the Metropolitan Oakland International Airport (the "Airport") which adjoins the Complex may be heard at the Premises. Tenant further acknowledges and agrees that Landlord has informed Tenant that the Premises are subject to a recorded noise easement and release pursuant to which the owners of the Airport are released from any claims or lawsuits for damages by any persons or entities using the Complex (including without limitation, Tenant) with respect to airport operations, at Tenant's expenseincluding without limitation, shall duly procure aircraft related noise. Tenant shall, and thereafter maintain such license hereby agrees to, indemnify, defend, protect, and hold harmless the Landlord Parties (hereafter defined in Article 10) from and against all liabilities, damages, claims, losses, judgments, charges and expenses (including reasonable attorneys' fees, costs of court and expenses necessary in the prosecution or permit and submit defense of any litigation including the same to inspection enforcement of this provision) arising from or in any way related to, directly or indirectly, any claims made by Landlord. Tenant, at any employee, agent or invitee of Tenant's expense, shallor any person claiming by or through Tenant with respect to such airport operations, at all timesincluding without limitation, comply with the terms and conditions of each license or permitaircraft related noise.
Appears in 2 contracts
Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)
Use of Premises. 8.1 The Demised Premises shall be used and occupied only for all uses in connection with Tenant’s disaster recovery operation and related business, including disaster recovery services, data storage, continuity services, employee educational programs, general office purposes, conference rooms, employee training facilities, computer facilities, remote computer testing facilities, employee kitchens and other legally permitted uses consistent with the characteristics of similar first-class facilities (the “Permitted Use”), and may not be used for any other business or enterprise or in any manner other than as authorized by this Article 8 without Landlord’s prior written consent. Landlord’s consent to any other lawful use which complies with the provisions of this Article 8 of this Lease shall not be unreasonably withheld or delayed or conditioned; provided, however, that Tenant’s sole remedy with respect to any assertion that Landlord’s failure to timely consent to a change of use was unreasonable shall be to seek equitable relief (including, without limitation, specific performance and/or injunctive relief), and Tenant shall have no damage claim against Landlord as a result of Landlord’s actions in refusing to consent on a timely basis thereto (except as provided in Section 51.1 below).
8.2 Tenant shall not use the premises or any part thereofuse, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx suffer or permit the use of the premises Demised Premises or any part thereof in any way which would violate any certificate of occupancy for the Demised Premises, or any of the covenants, agreements, terms, provisions and conditions of this Lease Lease, or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. manner.
8.3 If any governmental license or permit permit, including, without limitation, a certificate of occupancy shall be required for the proper and lawful conduct of Tenant's ’s business or other activity carried on it in the premisesDemised Premises, Tenant, at Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same license. Tenant shall provide a copy thereof to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each such license or permit.
8.4 Tenant shall not do, nor permit to be done, anything outside of the Permitted Use which will cause a cancellation or non-renewal of any insurance policy covering said Demised Premises, or otherwise render the Demised Premises uninsurable.
8.5 Tenant shall not: (A) use or allow the Demised Premises to be used for any unlawful purpose, and (B) cause, maintain or permit any nuisance in, on or about the Demised Premises.
8.6 Tenant shall not commit or allow to be committed any waste in or upon the Demised Premises.
8.7 Tenant shall: (a) not use the Demised Premises or permit anything to be done in or about the Demised Premises, which will materially conflict with any applicable law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated; and (b) at its sole cost and expense, promptly comply in all material respects with all applicable laws, statutes, ordinances and regulations now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Demised Premises. The final, unappealable judgment of any court of competent jurisdiction that Tenant has (or has not) violated any law, statute, ordinance or regulation, or amendment thereto, or judicial decision, shall be conclusive of that fact as between the Landlord and Tenant.
8.8 Tenant’s North American Industry Classification System Number is 541519 [Computer Related Services]. The Tenant shall not use or permit the Demised Premises to be used as an Industrial Establishment as defined as of the date of this Lease by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., without Landlord’s prior written consent. No bio-hazardous items shall be stored, used, generated or disposed of at the Demised Premises other than in compliance with applicable laws.
Appears in 2 contracts
Samples: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii)
Use of Premises. Tenant TENANT(S) agree to observe, comply with, and execute promptly, at his/her expense, during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. TENANT(S) agree to obey all House Rules. TENANT(S) agree to pay LANDLORD the actual amount of all costs, expenses, or fees LANDLORD is charged as a result of TENANT(S)' failure to obey state or local laws, ordinances, or rules. And the said TENANT(S) shall take special care that no damage happens to the building or any fixtures or sewage systems therein, in the use of electricity, water, or gas, and they shall be liable for all damages occasioned by themselves, their agents, or guests in the commission or omission of any acts causing such damage. The TENANT(S) specifically agree to pay all costs associated with the maintenance, repair, or labor involved in the cleaning or unblocking of sewer lines due to TENANT(S) failure to comply with the house rules. Costs will be divided equally among all TENANT(S). And provided further, the TENANT(S) shall notify the LANDLORD immediately of any situation deemed hazardous to apartment, building, and/or connecting grounds. TENANT(S) are not permitted to walk on, sit on, lay on, or recline on any roof, including porch roofs, of the building, as such activity can cause holes or other damage to the roofs which can result in costly repairs. TENANT(S) who disregard this rule are subject to an automatic deduction from his/her security deposit. TENANT(S) will furnish non-permeable mattress cover(s) for bed(s), linens, cooking utensils, dishes, flatware, cleaning products, desk lamp and desk (if desired), and vacuum cleaners. TENANT(S) will not remove any furniture, fixtures, or personal property belonging to the LANDLORD. TENANT(S) shall take good care of furnishings, appliances, and mechanical equipment furnished by the LANDLORD and shall be careful not to damage walls, wood, doors, locks, or decorations. Objects may be hung on walls with prior approval of LANDLORD. Only blinds or curtains are permitted to be hung in or on windows. No posters, fabric, or signs of any kind with offensive language or graphics are permitted to be displayed in windows. The TENANT(S) covenant that at the expiration of said term, he/she/they will surrender up said premises to the LANDLORD in as good condition as now, normal wear and tear by the elements accepted. A cleaning fee will be assessed for premises not left in the required condition. (See #14, CLEANING, below.) The TENANT(S) shall use the premises for residence only and for the persons named herein and no other persons shall be permitted to use the same for housing accommodations, nor shall any other use or any part thereof, or permit the premises or any part thereof to business be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Leasepermitted there. Those portions, if any, All of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation lands of the certificate LANDLORD upon which the said apartment/building is situated shall remain subject to control of occupancy (temporary or final) issued for and access and use by the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, LANDLORD at all times, comply with subject to the terms and conditions quiet enjoyment of each license or permitthe TENANT(S).
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx use or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's ’s business or other activity carried on it in the premises, Tenant, at Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 2 contracts
Samples: Commercial Lease, Commercial Lease
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises Premises or permit any act or omission in or about the Premises in violation of any law, statute, ordinance or any part governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord discontinue any use of the Premises which is declared by any governmental authority to be a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or permit the premises Project and all covenants, conditions and restrictions affecting the Premises, the Building or the Project, including, but not limited to Tenant s execution of any part thereof to be used subordination agreements requested by a mortgagee (which for purposes of this Lease includes any lender or occupiedgrantee under a deed of trust) of the Premises, the Building or the Project.
(c) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premise s, and in the event that any architectural control committee or department of the State or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants Tenant shall, upon five (5) business days’ written notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use within five (5) business days of written notice shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business is or will continue to be lawful or permissible under any certificate of occupancy (temporary or final) issued for the Building and/or or the premises. Premises, or otherwise permitted by Law.
(d) Tenant shall not xxx do or permit perm it to be done anything which may invalidate or increase the use cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises appropriate fire codes and ordinances or any part thereof other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper immoral unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical or other create within the Premises a working environment with a density of greater than five (5) persons per 1,000 square feet of Rentable Area. Business machines and mechanical equipment of any kind whichshall be placed and maintained by Tenant at Tenant’s expense, in the locations and in settings sufficient in Landlord’s reasonable judgment of Landlordto absorb and prevent vibration, might cause any such impairment, interference, discomfort, inconvenience or noise and annoyance. Except as set forth Tenant shall not commit or suffer to be committed any waste in Article 1 hereofon, upon or about the Premises, the Building or the Project.
(f) Tenant will notshall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft fire and other hazards, and will shall keep and maintain any and all security devices in or on the Premises in good working order including, but not permit anyone limited to, sell or traffic in any spirituous liquors, wine, ale or beer in or from exterior door locks for the premises or carry on any manufacturing Premises and smoke detectors and burglar alarms located within the Premises and shall cooperate with Landlord and other tenants in the premises. If Project with respect to access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental license authority, the State or permit shall be required for the proper and lawful conduct of Tenant's business United States Government, including, without limitation, any material or other activity carried on it the premisessubstance which is (A) defined or listed as a “hazardous waste,” “pollutant,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance” or “hazardous material” under any applicable federal, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license state or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license local Law or permitadministrative code promulgated thereunder (B) petroleum or (C) asbestos.
Appears in 2 contracts
Samples: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises Premises in violation of any law, statute, ordinance or any part thereof governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority to be used a violation of Law; provided, however, the costs of such compliance shall be governed by Paragraph 4 of this Lease. If any Law shall, by reason of the nature of Tenant’s non-general office use or occupiedoccupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, Alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or the Project and all covenants, conditions and restrictions affecting the Premises, the Building or the Project, including, but not limited to, Tenant’s execution of any subordination agreements requested by a mortgagee (which for purposes of this Lease includes any lender or grantee under a deed of trust) of the Premises, the Building or the Project.
(c) Tenant shall not at anytime use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the state or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business is or will continue to be lawful or permissible under any certificate of occupancy (temporary or final) issued for the Building and/or or the premises. Premises, or otherwise permitted by Law.
(d) Tenant shall not xxx do or permit to be done anything which may invalidate or increase the use cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises appropriate fire codes and ordinances or any part thereof other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, within thirty (30) days of demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical create within the Premises a working environment with a density of greater than the lesser of (i) five (5) persons per 1,000 square feet of Rentable Area, or other (ii) the maximum density permitted by Law. Business machines and mechanical equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain any and all security devices in or on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and smoke detectors and burglar alarms located within the Premises and shall cooperate with Landlord and other tenants in the Project with respect to access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any (a) oil or any other petroleum-based substance, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the Project or to persons on or about the Project or (ii) cause the Project to be in violation of any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 X.X.X. §0000, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. §300, et seq.; the Toxic Substances Control Act, as amended, 15 X.X.X §0000, et seq.; the Federal Hazardous Substances Control Act, as amended, 15 U.S.C. §1261, et seq.; and the Occupational Safety and Health Act, as amended, 29 U.S.C. §651, et seq.; Sections 25115, 25117, 25122.7, 25140, 25249.8, 25281, 25316, 25501, and 25316 of the California Health and Safety Code; (d) other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Project or the owners and/or occupants of property adjacent to or surrounding the Project, or any other Person coming upon the Project or adjacent property; and (e) other chemicals, materials or substances which may or could pose a hazard to the environment. The term “Permitted Hazardous Materials” shall mean Hazardous Materials which are contained in ordinary office supplies of a type and in quantities typically used in the ordinary course of business within executive offices of similar size in the comparable office buildings, but only if and to the extent that such license supplies are transported, stored and used in full compliance with all applicable laws, ordinances, orders, rules and regulations and otherwise in a safe and prudent manner. Hazardous Materials which are contained in ordinary office supplies but which are transported, stored and used in a manner which is not in full compliance with all applicable laws, ordinances, orders, rules and regulations or permit which is not in any respect safe and submit prudent shall not be deemed to be “Permitted Hazardous Materials” for the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions purposes of each license or permitthis Lease.
Appears in 2 contracts
Samples: Office Lease (Sienna Biopharmaceuticals, Inc.), Office Lease (Sienna Biopharmaceuticals, Inc.)
Use of Premises. A. Tenant shall will not use the premises occupy or use, nor permit any part thereof, or permit the premises or any part thereof portion of Leased Premises to be occupied or used, for any business or purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease that described above or for any use or purpose which is unlawful purposes in part or in any unlawful manner and Tenant shall not suffer whole or permit the premises or any part thereof deemed to be used disreputable in any manner manner, or extra hazardous on account of fire, nor permit anything to be done therein which will render void or suffer in any way increase the rate of fire insurance on the Building or permit anything its contents, and Tenant, shall immediately cease and desist from such use, paying all costs and expenses resulting therefrom.
B. Tenant shall at its own cost and expense promptly obtain any and all licenses and permits necessary for any permitted use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to be brought into the use and its occupancy of the Leased Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or kept nuisances in or upon, or connected with, the Leased Premises, all at Tenant's sole expense. If, as a result of any change in the premises whichgovernmental laws, in ordinances, and regulations, the judgment Leased Premises must be altered to lawfully accommodate Tenant's use and occupancy, such alterations shall be made only with the consent of Landlord, but the entire cost shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any way impair liability against Landlord for failure of Tenant to comply with such laws, ordinances and regulations.
C. Tenant will maintain the Leased Premises (including all fixtures installed by Tenant, water heaters within the Leased Premises and plate glass) in good repair, reasonable wear and tear excepted, and in a clean and healthful condition, and comply with all laws, ordinances, orders, rules, and regulations (state, federal, municipal, and other agencies or tend bodies having any jurisdiction thereof) with reference to impair condition, or occupancy of the Leased Premises. Any repairs or replacements shall be with materials and workmanship of the same character, reputation kind and quality as the original. Tenant will not, without the prior written consent of Landlord, paint, install lighting or appearance decorations, or install any signs, window or door lettering or advertising media of any type on or about the Leased Premises.
D. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy, or disturb other tenants or Landlord in the management of the Building.
E. Tenant shall pay upon demand as additional rent the full cost of repairing any damage to the Leased Premises, Building or related facilities resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, customers, or any other person entering upon the Development as a first-class office buildingresult of Tenant's business activities or resulting from Tenant's default hereunder.
F. Tenant and Tenant's agents, impair or interfere employees, and invitees will comply fully with or tend to impair or interfere with any all rules and regulations of the Building services Development, the Building, parking area and related facilities which Landlord may establish from time to time. Landlord shall at all times have the right to change such rules and regulations or to promulgate other rules and regulations in such reasonable manner as may be deemed advisable for the proper safety, care, and economic heating, cleaning, air conditioning or other servicing cleanliness of the Building or the premisesDevelopment and for the preservation of good order therein. Copies of all rules and regulations, or impair or interfere with or tend changes, and amendments will be forwarded to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingTenant in writing and shall be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such rules and regulations by Tenant's employees, servants, agents and visitors.
G. Tenant shall have access to any parking spaces designated for the Building on a first come, first service for its employees and invitees, provided that it shall not install any electrical or other equipment be entitled to use more parking spots than Tenant's parking share (as hereinafter defined). "Tenant's parking share" is the total number of any kind whichparking spots determined by dividing the square footage of the Leased Premises by 250 (which as of the date of the Lease equals 122 parking spots). Notwithstanding the foregoing, in Landlord shall have the judgment of right to designate certain parking spaces for the exclusive use by Landlord, might cause any such impairmentits employees and invitees, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, provided that if Landlord designates more than twenty-five (25) parking spaces for its exclusive use then Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct entitled to a number of reserved parking spaces equal to Tenant's business or other activity carried on it the premises, Tenant, at Share of Excess Reserved Spaces. "Tenant's expense, Share of Excess Reserved Space" shall duly procure and thereafter maintain such license or permit and submit mean a number of reserved parking spaces on the same Property equal to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with proportionate share of the terms and conditions amount that Landlord's total number of each license or permitreserved parking spaces exceeds twenty-five (25).
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Use of Premises. (a) Tenant shall not use the premises Premises only for general office purposes other related uses only. No signs of any kind shall be installed or maintained in the Premises, which shall be visible from outside the Premises. Notwithstanding the foregoing and to the extent allowed by Legal Requirements (as defined herein), Tenant shall be permitted to use the Premises for milling, including the use of a Bridgeport milling machine and/or a South Bend lathe (or similar equipment).
(b) Tenant, at its expense, shall comply with all laws, orders and regulations of Federal, State and municipal authorities (collectively “Legal Requirements”) and with any part thereofdirection of any public officer which shall impose any violation, order or duty upon Landlord or Tenant with respect to the particular manner of use by Tenant of the Premises to the extent that any such law, order, regulation or direction is enacted, or permit first becomes effective, after the premises Commencement Date. Tenant shall have the right to contest any such Legal Requirement, in good faith, provided that no such contest exposes Landlord to any liability, fine, penalty or expense as a result thereof and Tenant shall defend, indemnify and hold Landlord harmless from and against any part thereof such liability, fine, penalty or expense including reasonable attorneys’ fees. Landlord shall, at its cost, comply with all Legal Requirements with respect to be used, for any purpose other than the Premises except those relating to Tenant’s particular manner of use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesPremises. Tenant shall not xxx do or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein any act or suffer thing upon the Premises, which will invalidate fire, general liability or other insurance policies covering the Premises.
(c) Tenant, at its expense, shall comply with all rules, orders, regulations and requirements of the Board of Fire Underwriters or other similar body or authority having jurisdiction and shall not do or permit anything to be brought into done in or kept in upon the premises whichPremises, in or bring or keep anything therein, which is prohibited by the judgment applicable fire department, fire marshal or any such Board of Landlord, shall Fire Underwriters or other body or authority. In the event that Tenant’s particular manner of use of the Premises results in any way impair or tend increase in premiums for insurance carried by Landlord with respect to impair the characterPremises, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind whichpay such increase in premiums as Additional Rent, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection within thirty (30) days after being billed therefor by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 2 contracts
Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)
Use of Premises. COMPLIANCE WITH LAWS
3.1 Subject to Section 3.2, the Demised Premises may be used only for general office and cleanroom, subject to and in accordance with all Legal Requirements (hereafter defined) and for no other 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 premises 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, (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.
3.3 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 (iii) subtenants of Tenant (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 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 compliance involves changes in the use of the Demised Premises or any part thereof, or permit be required on account of any particular use to which the premises Demised Premises, or any part thereof to may be usedput, for and whether or not any purpose other than such Legal Requirements or Insurance Requirements be of a kind not now within the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, contemplation of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitparties hereto.
Appears in 2 contracts
Samples: Lease Agreement (Biolife Solutions Inc), Lease Agreement (Biolife Solutions Inc)
Use of Premises. A. Tenant shall will not use the premises occupy or use, nor permit any part thereof, or permit the premises or any part thereof portion of Leased Premises to be occupied or used, for any business or purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease that described above or for any use or purpose which is unlawful purposes in part or in any unlawful manner and Tenant shall not suffer whole or permit the premises or any part thereof deemed to be used disreputable in any manner manner, or extra hazardous on account of fire, nor permit anything to be done therein which will render void or suffer in any way increase the rate of fire insurance on the Building or permit anything its contents, and Tenant, shall immediately cease and desist from such use, paying all costs and expenses resulting therefrom.
B. Tenant shall at its own cost and expense promptly obtain any and all licenses and permits necessary for any permitted use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to be brought into the use and its occupancy of the Leased Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or kept nuisances in or upon, or connected with, the Leased Premises, all at Tenant's sole expense. If, as a result of any change in the premises whichgovernmental laws, in ordinances, and regulations, the judgment Leased Premises must be altered to lawfully accommodate Tenant's use and occupancy, such alterations shall be made only with the consent of Landlord, but the entire cost shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any way impair liability against Landlord for failure of Tenant to comply with such laws, ordinances and regulations.
C. Tenant will maintain the Leased Premises (including all fixtures installed by Tenant, water heaters within the Leased Premises and plate glass) in good repair, reasonable wear and tear excepted, and in a clean and healthful condition, and comply with all laws, ordinances, orders, rules, and regulations (state, federal, municipal, and other agencies or tend bodies having any jurisdiction thereof) with reference to impair condition, or occupancy of the Leased Premises. Any repairs or replacements shall be with materials and workmanship of the same character, reputation kind and quality as the original. Tenant will not, without the prior written consent of Landlord, paint, install lighting or appearance decorations, or install any signs, window or door lettering or advertising media of any type on or about the Leased Premises.
D. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to create any nuisance, nor interfere with, annoy, or disturb other tenants or Landlord in the management of the Building.
E. Tenant shall pay upon demand as additional rent the full cost of repairing any damage to the Leased Premises, Building or related facilities resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, customers, or any other person entering upon the Development as a first-class office buildingresult of Tenant's business activities or resulting from Tenant's default hereunder.
F. Tenant and Tenant's agents, impair or interfere employees, and invitees will comply fully with or tend to impair or interfere with any all rules and regulations of the Building services Development, the Building, parking area and related facilities which Landlord may establish from time to time. Landlord shall at all times have the right to change such rules and regulations or to promulgate other rules and regulations in such reasonable manner as may be deemed advisable for the proper safety, care, and economic heating, cleaning, air conditioning or other servicing cleanliness of the Building or the premisesDevelopment and for the preservation of good order therein. Copies of all rules and regulations, or impair or interfere with or tend changes, and amendments will be forwarded to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingTenant in writing and shall be carried out and observed by Tenant. Tenant shall not install any electrical further be responsible for the compliance with such rules and regulations by Tenant's employees, servants, agents and visitors.
G. At termination of this Lease, upon its expiration or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereofotherwise, Tenant will notshall deliver up the Leased Premises with all improvements located thereon (except as herein provided) in good repair and condition, reasonable wear and will not permit anyone totear excepted, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper broom clean and lawful conduct free of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitdebris.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Use of Premises. Tenant and any of its permitted assignees, sublessees or other occupants (collectively "Tenant Parties") shall use the Premises only for the purpose(s) set forth in Item 11 of the Basic Lease Provisions and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Without limiting the foregoing, Tenant and the Tenant Parties shall not use the premises or any part thereofPremises, or nor permit the premises or any part thereof Premises to be used, for any purpose other than retail purposes nor shall Tenant or the use hereinabove specifically mentioned, subjectTenant Parties permit the Premises to be used by a governmental or quasi-governmental entity or agency (it being understood, however, that Landlord may lease to such an entity or agency if Landlord recaptures all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, or any portion of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedPremises pursuant to Paragraph 16 below). Tenant will shall not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, Premises in violation of law or of the certificate of occupancy (temporary or final) issued for the Building and/or Building, and shall, upon five (5) days' written notice from Landlord, discontinue any use of the premisesPremises which is declared by any governmental authority having jurisdiction to be a violation of law or of such certificate of occupancy. Tenant shall comply promptly with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupancy thereof. Tenant shall not xxx do or permit to be done anything which will invalidate or increase the use cost of any fire, extended coverage or any other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises Pacific Fire Rating Bureau or any part thereof in other organization performing a similar function. Notwithstanding Paragraph 3, Tenant shall promptly upon demand reimburse Landlord, as additional rent, for the full amount of any way which would violate any additional premium charged for such policy by reason of Tenant's failure to comply with the covenants, agreements, terms, provisions and conditions of this Lease or Paragraph, together with interest thereon from date of payment by Landlord to date of reimbursement by Tenant at the rate per annum determined pursuant to Paragraph 37. Such demand for any unlawful purposes or in any unlawful manner and reimbursement shall not be Landlord's exclusive remedy. Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingBuilding or the Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, or about the Premises. Tenant shall not install commit or suffer to be committed any electrical waste in or upon the Premises. Landlord shall not be liable to Tenant for any other equipment occupant's or tenant's failure to conduct itself in accordance with the provisions of this Paragraph 8, and Tenant shall not be released or excused from the performance of any kind which, of its obligations under the Lease in the judgment event of Landlord, might cause any such impairment, interference, discomfort, inconvenience failure. Without limiting any of its other obligations pursuant to this Paragraph 8 or annoyance. Except as set forth in Article 1 hereofParagraph 9, Tenant will notcovenants and agrees to comply with all laws, rules, regulations and will guidelines now or hereafter applicable to the Premises with respect to the disposal of water, trash, garbage and other matter (liquid or solid) generated by Tenant, the disposal of which is not permit anyone otherwise the express obligation of Landlord under this Lease, including, but not limited to, sell laws, rules, regulations and guidelines with respect to recycling and other forms of reclamation (all of which are herein collectively referred to as "Waste Management Requirements"). Tenant shall comply with all rules and regulations established by Landlord from time to time to comply with Waste Management Requirements applicable to Landlord (i) as owner of the Premises and (ii) in performing Landlord's obligations under this Lease, if any. Tenant's obligations under this Paragraph 8 shall survive the expiration or traffic in any spirituous liquorstermination of this Lease. Tenant shall indemnify, winedefend, ale or beer in or protect and hold Landlord harmless from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct against all liability (including costs, expenses and attorneys' fees) that Landlord may sustain by reason of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions breach of each license or permitits obligations under this Paragraph 8.
Appears in 2 contracts
Samples: Lease (Adforce Inc), Lease (Adforce Inc)
Use of Premises. Tenant shall use and occupy the Premises for general office purposes related to operating Tenant’s corporate headquarters as a franchisor of chiropractic clinics and for no other purpose without Landlord's prior consent. Tenant expressly covenants and agrees that it shall not use operate as a staffed (in person) bank or depository institution, with tellers, that loans money, accepts deposits, pays interest, clears checks, acts as an intermediary in financial transactions, and/or provides other financial services to its public customers (“Prohibited Use”). Tenant, at its expense, shall comply with the premises laws, rules and regulations of any federal, state or any part thereofmunicipal authority, or permit the premises Arizona Fire Underwriters Rating Bureau, or with any part thereof notice from any public officer pursuant to law, or with any notice from any insurance company pertaining to Tenant's occupancy or use of the Premises. Tenant shall immediately discontinue any use of the Premises which is declared by any governmental authority having jurisdiction to be used, for any purpose other than in violation of law or the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions certificate of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only occupancy for the purposes for which they are designedBuilding or the Premises. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof Premises to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or that interfere with the use of any of the other areas and enjoyment of the Building byby Landlord or the other tenants, or occasion discomfortwhich, inconvenience or annoyance toin Landlord's reasonable discretion, any of impair the other tenants or occupants reputation of the Building. Tenant shall not install do, or permit anything to be done in the Premises, or bring or keep anything therein, which will in any electrical way increase the rate of fire insurance on the Building, or other equipment violate, invalidate or conflict with fire insurance policies on the Building, fixtures or on property kept therein; provided, however, that Tenant's normal conduct of its business shall not violate this paragraph. Tenant shall not access, perform maintenance or otherwise enter or use any portion of the Premises below the finished floor or above the ceiling grid without first obtaining, in each instance, Landlord’s prior written consent. Tenant and Tenant's employees and agents shall not, in violation of any kind whichapplicable laws, handle, use, manufacture, store, release or dispose of any oil, petroleum or chemical liquids or solids, liquid or gaseous products or any hazardous waste or hazardous substance (collectively, "Hazardous Materials"), as those terms are used in the judgment Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or in any other federal, state or local law governing hazardous substances (collectively, "Act"), as such laws may be amended from time to time at, upon, under or within the Premises or the Building or the land on which it is built, or into the plumbing or sewer or water system servicing the Premises or the Building, nor shall Tenant, its employees or agents cause or permit the discharge, spillage, uncontrolled loss, seepage or filtration of any Hazardous Materials at, upon, under or within the Premises or the Building or the land or into the plumbing or sewer or water system servicing the same. Tenant shall comply in all respects with the requirements of the Act and related regulations, and shall notify Landlord immediately if Tenant discovers any Hazardous Materials at, upon, under or within the Premises or the Building or the land. Notwithstanding the foregoing, normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the Premises without Landlord's prior consent. Tenant shall indemnify Landlord against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorneys’ fees, arising out of any violation of or Default in the covenants of this Section 6. The provisions of this Section 6 shall survive the expiration of the Term. The Landlord hereby represents and warrants that to the best of Landlord’s actual knowledge there are no Hazardous Materials on the Premises, might cause any such impairmentCommon Areas, interferenceor Project. Landlord shall defend, discomfortindemnify and hold harmless Tenant from and against claims, inconvenience costs, expenses, actions, losses, damages and liabilities (including reasonable attorneys’ fees) directly arising out of the existence of Hazardous Substances and/or Environmental Conditions on the Premises which: (i) Landlord introduces on the Premises, Common Areas or annoyanceProject; or (ii) Landlord had actual knowledge existing on the Premises, Common Areas or Project prior to the Commencement Date and Landlord did not disclose to Tenant. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from This indemnification shall survive the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct termination of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitthis Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (JOINT Corp), Office Lease Agreement (JOINT Corp)
Use of Premises. 8.1 The Demised Premises shall be used and occupied only for all uses in connection with Tenant’s disaster recovery operation and related business, including disaster recovery services, data storage, continuity services, employee educational programs, general office purposes, conference rooms, employee training facilities, computer facilities, remote computer testing facilities, employee kitchens and other legally permitted uses consistent with the characteristics of similar first-class facilities (the “Permitted Use”), and may not be used for any other business or enterprise or in any manner other than as authorized by this Article 8 without Landlord’s prior written consent. Landlord’s consent to any other lawful use which complies with the provisions of this Article 8 of this Lease shall not be unreasonably withheld or delayed or conditioned; provided, however, that Tenant’s sole remedy with respect to any assertion that Landlord’s failure to timely consent to a change of use was unreasonable shall be to seek equitable relief (including, without limitation, specific performance and/or injunctive relief), and Tenant shall have no damage claim against Landlord as a result of Landlord’s actions in refusing to consent on a timely basis thereto (except as provided in Section 51.1 below).
8.2 Tenant shall not use the premises or any part thereofuse, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx suffer or permit the use of the premises Demised Premises or any part thereof in any way thereof: (A) which would violate any certificate of occupancy for the Demised Premises, or any of the covenants, agreements, terms, provisions and conditions of this Lease Lease, or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. manner.
8.3 If any governmental license or permit permit, including, without limitation, a certificate of occupancy shall be required for the proper and lawful conduct of Tenant's ’s business or other activity carried on it in the premisesDemised Premises, Tenant, at Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same license. Tenant shall provide a copy thereof to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each such license or permit.
8.4 Tenant shall not do, nor permit to be done, anything outside of the Permitted Use which will cause a cancellation or non-renewal of any insurance policy covering said Demised Premises, or otherwise render the Demised Premises uninsurable.
8.5 Tenant shall not: (A) use or allow the Demised Premises to be used for any unlawful purpose, and (B) cause, maintain or permit any nuisance in, on or about the Demised Premises.
8.6 Tenant shall not commit or allow to be committed any waste in or upon the Demised Premises.
8.7 Tenant shall: (a) not use the Demised Premises or permit anything to be done in or about the Demised Premises, which will materially conflict with any applicable law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated; and (b) at its sole cost and expense, promptly comply in all material respects with all applicable laws, statutes, ordinances and regulations now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Demised Premises. The final, unappealable judgment of any court of competent jurisdiction that Tenant has (or has not) violated any law, statute, ordinance or regulation, or amendment thereto, or judicial decision, shall be conclusive of that fact as between the Landlord and Tenant.
8.8 Tenant’s North American Industry Classification System Number is 541519 [Computer Related Services]. The Tenant shall not use or permit the Demised Premises to be used as an Industrial Establishment as defined as of the date of this Lease by the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq., without Landlord’s prior written consent. No bio-hazardous items shall be stored, used, generated or disposed of at the Demised Premises other than in compliance with applicable laws.
Appears in 2 contracts
Samples: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii)
Use of Premises. Tenant TENANT(S) agree to observe, comply with, and execute promptly, at his/her expense, during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. TENANT(S) agree to obey all House Rules. TENANT(S) agree to pay LANDLORD the actual amount of all costs, expenses, or fees LANDLORD is charged as a result of TENANT(S)' failure to obey state or local laws, ordinances, or rules. And the said TENANT(S) shall take special care that no damage happens to the building or any fixtures or sewage systems therein, in the use of electricity, water, or gas, and they shall be liable for all damages occasioned by themselves, their agents, or guests in the commission or omission of any acts causing such damage. The TENANT(S) specifically agree to pay all costs associated with the maintenance, repair, or labor involved in the cleaning or unblocking of sewer lines due to TENANT(S) failure to comply with the house rules. Costs will be divided equally among all TENANT(S). And provided further, the TENANT(S) shall notify the LANDLORD immediately of any situation deemed hazardous to apartment, building, and/or connecting grounds. TENANT(S) are not permitted to walk on, sit on, lay on, or recline on any roof, including porch roofs, of the building, as such activity can cause holes or other damage to the roofs which can result in costly repairs. TENANT(S) who disregard this rule are subject to an automatic deduction from his/her security deposit. TENANT(S) will furnish non-permeable mattress cover(s) for bed(s), linens, cooking utensils, dishes, flatware, cleaning products, desk lamp and desk (if desired), and vacuum cleaner. TENANT(S) will not remove any furniture, fixtures, or personal property belonging to the LANDLORD. TENANT(S) shall take good care of furnishings, appliances, and mechanical equipment furnished by the LANDLORD and shall be careful not to damage walls, wood, doors, locks, or decorations. Objects may be hung on walls with prior approval of LANDLORD. Only blinds or curtains are permitted to be hung in or on windows. No posters, fabric, or signs of any kind with offensive language or graphics are permitted to be displayed in windows. The TENANT(S) covenant that at the expiration of said term, he/she/they will surrender up said premises to the LANDLORD in as good condition as now, normal wear and tear by the elements accepted. A cleaning fee will be assessed for premises not left in the required condition. (See #14, CLEANING, below.) The TENANT(S) shall use the premises for residence only and for the persons named herein and no other persons shall be permitted to use the same for housing accommodations, nor shall any other use or any part thereof, or permit the premises or any part thereof to business be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Leasepermitted there. Those portions, if any, All of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation lands of the certificate LANDLORD upon which the said apartment/building is situated shall remain subject to control of occupancy (temporary or final) issued for and access and use by the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, LANDLORD at all times, comply with subject to the terms and conditions quiet enjoyment of each license or permitthe TENANT(S).
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Use of Premises. Tenant Occupancy is to be only by the person named in this Contract and no others. Resident represents that they shall not use the premises or any part thereof, or permit any person or persons in any manner whatsoever to use the premises or any part thereof to be used, Premises for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate any law or ordinance of occupancy (temporary any local government unit or final) issued for the Building and/or the premisesother lawful authority, and that THEY SHALL KEEP THE PREMISES IN A CLEAN AND SANITARY CONDITION. Tenant RESIDENT SHALL NOT MAKE OR PERMIT TO BE MADE ANY NOISE OR ACTIVITY IN THE BUILDING, OR ON THE PREMISES, OR DO OR PERMIT ANYTHING TO BE WHICH INTERFERES WITH THE RIGHTS, COMFORTS AND CONVENIENCES OF CO-RESIDENTS, NEIGHBORS OR THE MANAGEMENT. Resident shall not xxx conduct or pursue any trade or business from or on the Premises. Resident represents that they shall not sublet any part of the Premises nor assign this Contract or any interest herein, shall not allow any roomers, boarders or animals to occupy the Premises, shall not permit any visitor(s) or guest(s) to occupy the Premises for more than one (1) week without written permission of Lessor, shall not cause or permit any damages to the use Premises, shall not make any alterations or additions to the Premises, shall pay for replacement of all glass broken or cracked, missing or torn screens and shall permit Lessor or Lessor's agent to enter said Premises at all reasonable times with a passkey or otherwise to examine or exhibit same, or to make needed repairs to Premises and show said Premises to persons wishing to purchase or rent same, and shall make no claim against the premises Lessor for any loss or damage suffered because of an act of any co-resident, the failure of any electrical, gas, or water systems or equipment, the interruption of any utility service or fire, flood or any part thereof in any way which would violate any other casualty beyond the control of Lessor and shall promptly notify the covenants, agreements, terms, provisions and conditions Lessor of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitsame.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Use of Premises. Tenant During the Lease Term, Lessees shall not use have the premises or any part thereofright to possession, or permit control and quiet enjoyment of the premises or any part thereof Premises subject, at all times however, to be used, for any purpose other than the use hereinabove specifically mentioned, subjectterms and provisions hereof and the Declaration; provided, however, the Lessees intend that, subject to all the covenantsDeclaration, agreementsthat the Developer shall use the Premises to provide parking for the public, termsand specifically, provisions and conditions of this Lease. Those portions, if any, the users of the premises which on MFB Project (as defined in the plan(sProject Agreement) attached hereto are shown as toilets and utility areas other purposes set forth in the Project Agreement. The Premises shall be used by Tenant only the Developer for the purposes purpose(s) permitted by this Section 2 and for which they are designedno other purpose whatsoever. Tenant will not Lessees shall not, at any time time, use or occupy the premises or any part thereofoccupy, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit anyone to use or occupy, the premises Premises, or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into or kept done in the premises whichPremises, in any manner that will (a) violate any Certificate of Occupancy for the judgment of LandlordPremises; (b) cause injury to, shall or in any way impair the value or tend to proper utilization of, all or any portion of the Premises (including, but not limited to, the structural elements of the Premises) or any equipment, facilities or systems therein; (c) constitute a violation of the laws and requirements of any public authority or the requirements of insurance bodies or the rules and regulations of the Premises, including any covenant, condition or restriction affecting the Premises; (d) exceed the load bearing capacity of the floor of the Premises; or (e) impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere Premises. Developer agrees that Developer is familiar with or tend to impair or interfere with any the condition of the Building services Premises, and Developer hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis and that Lessor shall have no obligation to improve the Premises. Developer acknowledges that Lessor has not made any representation as to the condition of the Premises or the proper and economic heating, cleaning, air conditioning or other servicing suitability of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any foregoing for Developer’s intended use. Developer represents and warrants that Developer has made its own inspection of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitPremises.
Appears in 2 contracts
Samples: Garage Lease, Garage Lease
Use of Premises. (a) Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, Premises only for general office uses and for any other purpose other than permitted by Law, so long as consistent with typical uses in a first class, “Class A” office building in the Market Area. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets Premises in its sole and utility areas shall be used by Tenant only for the purposes for which they are designedabsolute discretion. Tenant will shall have no obligation to continuously use and occupy the Premises.
(b) Tenant shall not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises or any part thereof to be used or occupied, Premises in violation of the certificate of occupancy any law, statute, code, permit, ordinance or any governmental rule, regulation or order (temporary collectively, “Law” or final“Laws”) issued for the Building and/or the premises. and Tenant shall not xxx or permit the shall, upon written notice from Landlord, discontinue any use of the premises or Premises which is declared by any part thereof in governmental authority to be a violation of Law. If any way which would violate any Law shall, by reason of the covenants, agreements, terms, provisions and conditions nature of this Lease Tenant’s use or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance occupancy of the Building as a first-class office buildingPremises, impair impose any duty upon Tenant or interfere Landlord with respect to (i) modification or tend to impair or interfere with any other maintenance of the Building services or the proper and economic heatingPremises, cleaning, air conditioning or other servicing of the Building or the premisesProject, or impair (ii) the use, Alteration or interfere occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all covenants, conditions and restrictions affecting the Premises, the Building or tend the Project.
(c) [Intentionally omitted.]
(d) Tenant shall not do or permit to impair be done anything which may invalidate or increase the cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the appropriate fire codes and ordinances or any other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not unreasonably interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, immoral or unlawful purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical create within the Premises a working environment with a density of greater than the lesser of (i) one (1) person per 167 square feet of Rentable Area or other (ii) the maximum density permitted by Law. Business machines and mechanical equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed by Tenant’s employees, agents or contractors any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and submit smoke detectors and burglar alarms located within the same Premises and shall cooperate with Landlord and other tenants in the Project with respect to inspection by Landlord. Tenantreasonable access control and other reasonable safety matters.
(g) As used herein, at Tenant's expensethe term “Hazardous Material” means any (a) oil or any other petroleum-based substance, shallflammable substances, at all timesexplosives, comply with radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the terms Project or to persons on or about the Project or (ii) cause the Project to be in violation of any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response, Compensation and conditions Liability Act of each license or permit1980, as amended, 42 X.X.X. §0000, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. §300, et seq.; the Toxic Substances Control Act, as amended, 15 U.S.C. §2601, et seq.; the Federal Hazardous Substances Control Act, as
Appears in 2 contracts
Samples: Office Lease (SecureWorks Corp), Office Lease (SecureWorks Holding Corp)
Use of Premises. 6.1 Tenant shall use and occupy the Premises solely for general (non-medical and non-governmental) office purposes (except that medical-related office use that does not involve any patient visits or the handling of any tissue or other samples shall be permitted) and ancillary uses related to Tenant’s business operations compatible with first class office buildings in vicinity in which the Building is located, and including storage, training activities, and laboratory rooms for software development and testing (so long as such laboratory use is of the type and character typically conducted in general business offices and does not, in any event, involve the handling or use of chemicals, medications, medical or biological materials, or any other materials or substances for which containment, ventilation or other special facilities may be appropriate). Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or Premises for any part thereofunlawful purpose, or permit the premises or in any part thereof to be used or occupied, in violation of manner that will violate the certificate of occupancy (temporary for the Premises or final) issued the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building and/or or its full occupancy as required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the premisesextent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all Tenant’s machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant’s sole expense. If any Law requires an occupancy or use permit for the Premises because of the particular nature of the business conducted by Tenant at the Premises, or if any Law requires Tenant to obtain a business license or other permit in connection with Tenant’s operation of its business, then Tenant shall obtain and keep current such permit or license at Tenant’s expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers in the Premises and other fire protection devices (other than Building Structure and Systems and Premises FLS Equipment) as may be required with respect to Tenant’s use of the Premises from time to time by any agency having jurisdiction thereof; and Tenant at its sole cost and expense shall be solely responsible for taking any and all measures in the Premises which are required to comply with the ADA concerning the Premises (including suite entry doors and related items) and the business conducted therein. Any Alterations made or constructed by or for Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord’s consent to such Alterations shall not constitute either Landlord’s assumption, in whole or in part, of Tenant’s responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not xxx use any space in the Building or permit the use Land for either (a) the sale of goods to members of the premises public at large for where such sale involves the presence of any customer in or about the Premises, or (b) the sale at auction of goods or property of any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and kind. Tenant shall not suffer conduct any operations, sales, promotions, advertising or permit special events outside the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises whichPremises, in the judgment Building or on the Land.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Premises, the conduct of Tenant’s business at the Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee.
6.3 Tenant shall not allow, cause or permit any Hazardous Materials at levels in violation of Environmental Laws to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, except that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a “reportable quantity” as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions caused by Tenant or resulting from Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, Tenant shall surrender the Premises to Landlord free of Hazardous Materials in levels in violation of Environmental Laws and in compliance with all Environmental Laws with respect to any Hazardous Materials brought into the Premises by (or at the direction of) Tenant; provided however that Tenant shall not be obligated to remove any Hazardous Materials existing in or on the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant. Tenant shall: (i) give Landlord immediate verbal and follow up written notice of any known actual or threatened Environmental Default with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws, subject to Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; except that no failure of Landlord to consent shall prevent Tenant from complying with Environmental Laws or the valid order of any governmental or quasi governmental agency; and (ii) promptly deliver to Landlord copies of any notices or other items received by Tenant from, or known by Tenant to have been submitted to, any governmental or quasi governmental agency, or any claim instituted or threatened by any third party, concerning the Premises, the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on account of Tenant’s use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, at Tenant’s sole cost and expense, any lawful action necessary to address same.
6.4 To the knowledge of Landlord, the existing improvements in the Premises and Building do not contain any Hazardous Materials at levels in violation of Environmental Laws, and there are no other violations of Environmental Laws at the Premises or the Building.
6.5 Tenant shall have no obligation to investigate or remediate any Hazardous Materials located in any way impair or tend to impair as part of the characterbase, reputation or appearance shell and core of the Building as a first-class office buildingof the First Delivery Date or in any areas located outside the Premises that were not placed thereon or therein by Tenant or any of Tenant’s Agents.
6.6 Landlord shall not cause any Hazardous Materials in levels in violation of Environmental Laws to be introduced in, impair on or interfere with under the Premises or tend Building by Landlord or any of Landlord’s Agents in violation of Environmental Laws in effect at the time of such introduction. In addition, Landlord shall indemnify, defend and hold Tenant harmless from and against, and Operating Charges shall not include, the cost of remediation of any Hazardous Materials to impair or interfere with any the extent (a) existing on those portions of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing as of the date of execution of this Lease in violation of applicable Environmental Laws at such time, (b) resulting from Landlord’s breach of its representations and/or covenants set forth herein, and/or (c) any Hazardous Materials in, on or under the Premises or Building or introduced by Landlord following the premises, or impair or interfere with or tend to impair or interfere with the use date of any execution of the other areas this Lease in violation of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingapplicable Environmental Laws at such time. Tenant shall not install any electrical or other equipment indemnify, defend and hold Landlord harmless from and against the cost of remediation of any kind which, in Hazardous Materials to the judgment extent resulting from Tenant’s breach of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as its representations and/or covenants set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell herein. Such indemnities shall survive the expiration or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct earlier termination of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitthis Lease.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)
Use of Premises. Tenant agrees to observe the following covenants and to comply with all rules and regulations that Landlord may hereafter from time to time make for the Building. Landlord shall not be liable in any way for damage caused by the non-observance by any of the other tenants of such similar covenants in their leases or of such rules and regulations.
A. Tenant shall occupy and use the Premises during the Term for the purpose specified in Section 5 hereof and non other, and shall not conduct itself, or permit its agents, employees or invitees to conduct themselves, in the Premises or in the Building, in a manner inconsistent with the character of the Building as an office building of the highest class or interfere with the comfort or convenience of other tenants.
B. Tenant shall not, without the prior written consent of Landlord, exhibit, sell, or offer for sale on the Premises or in the Building any article or thing except those articles and things essentially connected with the stated use of the Premises by Tenant.
C. Tenant will not make or permit to be made any use of the Premises which, directly or indirectly, is forbidden by public law, ordinance or governmental regulation.
D. Tenant shall not sell or offer to sell or permit to be sold or offered for sale in the Premises any foods or beverages, with the exception of vending machines for sale of food and beverages to its employees and invitees.
E. Tenant shall not advertise the business, profession or activities of Tenant conducted in the Building in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such business, profession or activities, and shall not use the premises name of the Building for any purposes other than that of the business address of Tenant, and Tenant shall never use any picture or likeness of the Building in any part thereofcirculars, notices, advertisements or correspondence without Landlord’s prior written consent.
F. Tenant shall not obstruct, or permit the premises use for storage, or any part thereof to be used, for any purpose other than ingress and egress, the public areas of the Building.
G. No additional locks or similar devices shall be attached to any door without Landlord’s prior written consent and only upon the condition that Landlord shall have the keys to or combination of such additional locks or devices. Upon termination of this Lease or of Tenant’s possession of the Premises, Tenant shall surrender all keys to the Premises and the Building.
H. After initial improvements pursuant to Section 4 hereunder, Tenant shall not, without the prior written consent of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises in an amount greater than Ten Thousand and 00/100 Dollar ($10,000.00). Landlord need not give any such consent but if Landlord so consents, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work and insurance against liabilities which may arise out of such work, as determined by Landlord. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s expense by employees of or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant hiring contractors. Tenant shall promptly pay to Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof, and upon completion deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractor’s affidavits and full waivers of all liens for labor, services or materials, and Tenant shall defend and hold Landlord and the Building harmless from all costs, damages, liens and expenses related thereto. Before commencing any work in connection with alterations or additions, Tenant, if it shall perform such work using its own contractor (with prior written consent of Landlord, which consent shall not be unreasonable withheld, conditioned or delayed), shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. All work done by Tenant or its contractors pursuant to this Paragraph 12(I) shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All required permits shall be obtained by Landlord at Tenant’s expense. If Tenant desires signal communication, alarm or other utility or service connections installed or changed, the same shall be made at the expense of Tenant, with prior written consent and under direction of Landlord and subject to the conditions of the preceding paragraphs of this Paragraph 12(I) hereof.
I. Tenant shall not install or operate any steam or internal combustion engine, boiler, pressure vessel, machinery, refrigerating or heating device or air conditioning apparatus in or about the Premises, or carry on any mechanical business therein, or use the Premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein except in coffee pots or microwave ovens, or use any illumination other than electric light, or use or permit to be brought into the Building any flammable oils or fluids such as gasoline, kerosene, naphtha, and benzine, or any explosive, radioactive materials or other articles hazardous to life, limb or property or permit noxious odors to escape from the Premises. If the use hereinabove specifically mentionedof heat generating equipment by Tenant in the Premises affects the sprinkler system or temperatures otherwise maintained by the air conditioning system for normal business operations and thereby requires, subjectin the reasonable judgment of Landlord, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, modification of the premises which on air conditioning system, including installation of supplementary air conditioning units or diffusers in the plan(s) attached hereto are shown Premises or additions to the sprinkler system as toilets may be necessitated by fire department or insurance company requirements, Landlord reserves the right to perform such modification and utility areas all of the cost thereof shall be used paid by Tenant only for to Landlord at the purposes for which they are designedtime of completion of such modification. Tenant will not at any time use or occupy Any increased expenses in maintaining the premises or any part thereof, or permit the premises or any part thereof to be used or occupiedsystem resulting, in violation Landlord’s reasonable opinion, from such modification and any increased expense in operating such system resulting from such modification shall be paid by Tenant within ten (10) days of presentation of an invoice. In addition, Tenant shall, at Tenant’s expenses, perform all maintenance, repair and replacement on any supplementary air conditioning units installed in accordance with this Section, unless, in the certificate exercise of occupancy (temporary its right hereby expressly reserved, Landlord elects to perform part or final) issued all of such maintenance at Tenant’s expense. In addition, Tenant shall be responsible for any expenses resulting from Tenant exceeding the Building and/or above-stated requirements and causing damage to the premisesexisting air conditioning system. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done, or kept in the premises whichkeep or permit anything to be kept, in the judgment of LandlordPremises, shall in any way impair or tend to impair which could increase the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning fire or other servicing of casualty insurance rates on the Building or the premisesproperty therein, or impair which would result in any insurance company refusing to insure the Building or interfere with or tend any such property in amounts reasonably satisfactory to impair or interfere with Landlord. In the event that any use of any the Premises by Tenant increases such cost of the other areas insurance, Tenant shall pay such increased cost to Landlord on demand, but such demand or acceptance of the Building bysuch payment shall not be construed as a consent by Landlord to Tenant’s such use, or occasion discomfort, inconvenience or annoyance to, any of limit Landlord’s further remedies under this Lease.
J. Tenant shall cooperate fully with Landlord to assure the other tenants or occupants effective operation of the Building. ’s air conditioning, heating and ventilating systems.
K. Tenant shall not install contract for any electrical work or other equipment service which might involve the employment of any kind which, in labor incompatible with the judgment Building employees or employees of Landlord, might cause any such impairment, interference, discomfort, inconvenience contractors of Landlord or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license any collective bargaining agreement to which Landlord or permitLandlord’s agents or contractors may be a party. Landlord reserves the right to require that any alterations or additions done by Tenant be done using Landlord’s designated contractors or contractors approved by the Landlord but shall not unreasonably withhold or delay its consent to permitting Tenant from using its own contractors.
L. Prior to the Commencement Date, Tenant shall ascertain from Landlord the amount of electricity that can safely be used in the Premises, taking into account the capacity of the electrical wiring in the Building and the needs of other tenants in the Building, and shall not use more than such safe capacity. Landlord’s consent to the installation or use of electrical equipment shall not be construed to permit the use of more electricity than such safe capacity.
M. Tenant shall not use lamps in the ceiling light fixtures or window coverings of a color or style other than that approved by Landlord, and the color of all paint and other decorating materials used by Tenant on those portions of the building columns and partitions which are adjacent to the exterior walls shall be approved in writing in advance by Landlord, which consent shall not be unreasonably withheld.
N. Tenant shall keep the doors to the corridors and lobby closed except when in use for ingress and egress, and Tenant shall not place or allow anything to be placed against or near the doors to the corridors or lobby which may diminish the light in or be unsightly from the corridors or lobby.
O. Tenant will not install on any windows any window coverings or treatment without the prior written consent of Landlord or Landlord’s managing agent.
Appears in 2 contracts
Samples: Office Lease (Paylocity Holding Corp), Office Lease (Paylocity Holding Corp)
Use of Premises. Tenant shall not Lessee agrees to use the premises or solely as a private residence for lessee and the persons designated as residents on lessee's Rental Application. If any part thereofperson resides at the premises other than those so designated as residents for more than five consecutive days in any one month without lessor's written consent, lessor shall have the option of pursuing any remedies allowed by law, including terminating the lease, or permit increasing the monthly rent in the amount of $100 for each such person. The total number of persons occupying the premises shall not exceed one per bedroom. Lessee agrees that no business activities or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas child care services shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer operated in or from the premises or carry in any common area (except that any lawful home business conducted by telecommunications, mail or computer is permitted so long as no persons come to the premises for business purposes and no products for distribution to customers are delivered to, stored on or shipped from the premises). Lessee also agrees to use the premises and all common areas in accordance with any manufacturing Rules and Regulations promulgated by lessor. Lessee agrees that all common and outside areas provided for use with the premises shall be kept free from lessee's property, trash or debris, and that lessee shall not permit toys, bicycles, scooters, skates, grills, furniture and the like to be or remain in such areas; rather, such items shall be stored inside the premises or in such other place as lessor may provide or designate. Lessee agrees to use good judgment and thoughtfulness for others in the use of the premises. If any governmental license Lessee agrees not to commit, suffer, or permit any waste, litter or nuisance in, on, or near the premises. Lessee shall be required for not place or permit anywhere on or about the proper and lawful conduct of Tenant's premises or in any window any sign, light, advertisement or announcement whatsoever, but a business or other activity carried personal card containing lessee's name may be placed on it the premises, Tenant, at Tenant's expense, shall duly procure outside door of the premises and thereafter maintain such license a mailbox assigned to lessee. Lessee agrees not to do or permit any act at or near the premises that may subject lessor to any legal liability or increase the likelihood of fire or injury to any other person or damage to any property. Lessee agrees that lessor reserves the right to control and submit regulate the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at use of all times, comply with the terms and conditions of each license or permitcommon areas.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises Premises in violation of any law, statute, ordinance or any part thereof governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority to be used a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupiedoccupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or the Project and all covenants, conditions and restrictions affecting the Premises, the Building or the Project.
(c) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the State or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business is or will continue to be lawful or permissible under any certificate of occupancy (temporary or final) issued for the Building and/or or the premises. Premises, or otherwise permitted by Law.
(d) Tenant shall not xxx do or permit to be done anything which may invalidate or increase the use cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises appropriate fire codes and ordinances or any part thereof other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical or other create within the Premises a working environment with a density of greater than five (5) persons per 1,000 square feet of Rentable Area. Business machines and mechanical equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and submit smoke detectors and burglar alarms located within the same Premises and shall cooperate with Landlord and other tenants in the Project with respect to inspection access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by Landlord. Tenantany local governmental authority, at Tenant's expensethe State or the United States Government, shallincluding, at all timeswithout limitation, comply with the terms and conditions of each license any material or permitsubstance which is (A) defined or listed as a “hazardous waste,” “pollutant,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance” or “hazardous material” under any applicable federal, state or local Law or administrative code promulgated thereunder, (B) petroleum, or (C) asbestos.
Appears in 2 contracts
Samples: Office Lease (Health Catalyst, Inc.), Office Lease (Health Catalyst, Inc.)
Use of Premises. A. Tenant shall not may use the premises Premises for any lawful purpose, including, without limitation, hotel operations, restaurant operations, parking, retail sales operations, and a casino as contemplated by the Colorado Limited Gaming Act, C.R.S. §12-47.1-101, et seq. (the “Gaming Act”) (the Gaming Act and all amendments and gaming regulations now existing or hereafter adopted, and all gaming-related laws of the City of Cripple Creek and the County of Teller, are sometimes collectively referred to in this Lease as the “Gaming Laws”), and for any other ancillary or related use(s) as may be permitted by law. Landlord will have no control over or power to influence decisions concerning operation of the Premises.
B. Landlord agrees to cooperate as reasonably required by Tenant to assist Tenant in obtaining and maintaining such licenses for the Premises as Tenant requires and will, in particular, execute any and all documents necessary to obtain such licenses. Landlord will not cause any such licenses to be denied, revoked, not renewed, or suspended, whether through actions of Landlord prior to the issuance of such licenses or thereafter during the Lease Term.
C. Landlord further agrees that from and after the date the parties execute this Lease, Landlord must not grant or convey any easement, lease, encumbrance, license, permit, or any part thereofother legal or beneficial interest in or to the Premises without the prior written consent of Tenant, nor may Landlord violate, or permit allow the premises violation of, any law, ordinance, rule or any part thereof regulation affecting the Premises. Landlord will do or cause to be useddone all things reasonably within its control to preserve intact and unimpaired any and all rights of way, for easements, grants, appurtenances, privileges, and licenses in favor of or constituting any purpose other than portion of the use hereinabove specifically mentioned, subject, however, Premises.
D. Subject to all the covenants, agreements, terms, provisions and conditions section 3.B of this Lease, Tenant will, at its own expense, keep the Premises in good repair and tenantable condition and indemnify Landlord against any loss, damage or expense arising by reason of any failure of Tenant so to keep the Premises or due to any act of neglect of Tenant, its agents, employees, contractors, invitees, licensees, tenants or assigns. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by If Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereoffails to perform, or permit the premises or any part thereof cause to be used or occupiedperformed, in violation of such maintenance and repairs, then at the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment option of Landlord, shall in any way impair such maintenance and repair may be performed or tend caused to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of be performed by Landlord, might cause any such impairmentand the reasonable cost and expense thereof charged to Tenant, interference, discomfort, inconvenience or annoyance. and Tenant will pay the amount thereof to Landlord on demand as additional rent.
E. Except as set forth otherwise provided in Article 1 hereofthis Lease, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenantwill, at Tenant's its own expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency thereof that apply to or result from Tenant’s use or occupancy of the terms and conditions of each license or permitPremises.
Appears in 2 contracts
Samples: Lease (Southwest Casino Corp), Lease (Southwest Casino Corp)
Use of Premises. 6.1 Tenant shall use the Premises solely for the purpose of operating a first-class, high quality, "white tablecloth" restaurant, and for no other use or purpose whatsoever; provided, however, Tenant may sell promotional items customarily sold in other restaurants operated by The New York Restaurant Group, Inc. so long as such items are consistent with the character of a first-class, high quality "white tablecloth" restaurant, and so long as such sales are wholly incidental to Tenant's operation of its restaurant in the Premises, provided that Tenant may not use more than two hundred (200) rentable square feet of open space in the Premises for the sale of such items. In connection therewith, Tenant shall (x) maintain a decor and physical layout that is consistent with the first-class, high quality of the Building; (y) serve food of high quality and attractive appearance; and (z) maintain a high standard of cleanliness and hygiene throughout the Premises. Tenant shall operate its business in the Premises under any of Tenant's Trade Names, and under no other name or designation. Tenant shall, at its expense, procure all governmental licenses and permits, including, but not limited to a liquor license, required for the conduct of Tenant's business in the Premises and shall at all times comply with the requirements of each such license or permit. Tenant shall not use use, or suffer or permit any person or entity to use, the premises Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to Landlord or any part thereofother tenant of the Building. Tenant shall not, nor shall Tenant permit any other person or entity to, generate, use, store, or permit dispose of any materials posing a health or environmental hazard in or about the premises Premises. Tenant shall not do anything or suffer anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, rule, regulation or requirement of any governmental or quasi-governmental entity having or asserting jurisdiction which is now in force or which may hereafter be enacted (collectively, "Laws"), including, without limitation, those concerning the use, occupancy and condition of the Premises and all improvements, machinery, equipment and furnishings therein. Landlord represents, to its knowledge, that there are no Laws which would prohibit the use of the Premises as a first-class "white tablecloth" restaurant. At its sole cost and expense, Tenant shall promptly comply with all Laws. Tenant shall obtain the initial certificate of occupancy for the Premises and shall deliver a copy thereof to Landlord within ten (10) days after Tenant's receipt of the same. Any amended or substitute certificate of occupancy necessitated by Tenant's use of the Premises or any part thereof to be used, for any purpose other than Alterations made by Tenant in the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas Premises shall be used obtained by Tenant only for the purposes for which they are designedat Tenant's sole expense. Tenant will shall not at any time use or occupy or allow any other person or entity to use or occupy the premises Premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done or kept in the premises Premises or perform any other action in any manner which: (i) violates any agreement relating to the Building of which Tenant is aware or any certificate of occupancy in force for the Premises or the Building; (ii) causes or is likely to cause damage to the Premises or the Building or any equipment, facilities or other systems located therein; (iii) results in repeated demonstrations, bomb threats or other events which require evacuation of the Building or otherwise unreasonably disrupt the use, occupancy or quiet enjoyment of the Building by other tenants and occupants; or (iv) interferes with the transmission or reception of microwave, television, radio or other communications signals by antennae located on the roof of the Building or elsewhere in the Building. Subject to the terms of Article 9 below, Landlord shall not unreasonably withhold its consent to the same. In the event any such contractor, servicemen, workmen, material or equipment materially disturbs labor harmony with the work force or trades engaged in performing other work, labor or services in or about the Building, Tenant shall discontinue use of the same immediately upon its receipt of notice from Landlord.
6.2 Tenant shall open for business with the public as promptly as reasonably possible following the Lease Commencement Date, and shall thereafter be open every Monday through Saturday for at least the Minimum Hours of Operation; provided, however, Tenant shall have the right to close the restaurant during Federal and District of Columbia holidays and for vacation periods for a maximum of fourteen (14) days each calendar year. Tenant shall continuously conduct its business in the whole of the Premises in a dignified and reputable manner in keeping with the highest standards of practice among quality "white tablecloth" restaurants. Tenant shall not use any portion of the Premises as a warehouse, nor for the storage of merchandise or supplies in excess of inventory necessary to keep the restaurant operated at the Premises continuously stocked in a manner consistent with Tenant's normal and customary business operations.
6.3 Tenant shall not burn trash or store or permit accumulations of any trash, garbage, rubbish or other refuse inside or outside of the Premises except in compactors or other receptacles approved by Landlord. Tenant shall store in a refrigerated compartment located in the Premises all trash, garbage, rubbish and other refuse generated within the Premises. Tenant shall comply with all reasonable rules and regulations established from time to time by Landlord and delivered to Tenant with respect to the storage and disposal of waste generated within the Premises. At least once a day no later than 7:00 a.m. (or more frequently, and at such times directed by Landlord, if Landlord determines that more frequent removal is required), Tenant shall cause, at its sole expense, all of the aforementioned waste to be removed from the Premises via the corridors and entryways designated by Landlord for such purpose. Tenant shall be responsible for maintaining all of its trash receptacles, including the areas surrounding such receptacles, and keeping the same reasonably neat, and clean, vermin free and in good repair at all times. At least weekly, Tenant shall power-wash the path of travel from the Premises to the trucks of Tenant's trash removal company.
6.4 Tenant shall not load or permit the loading or unloading of merchandise, supplies or other property nor ship or receive outside the loading dock entrance on 6th Street, N.W., nor permit the parking or standing outside of said area of trucks, trailers or other vehicles or equipment engaged in such loading or unloading in a manner to unreasonably interfere with the use of any area of the Building, the common areas or any public alleys or streets.
6.5 Equipment belonging to Tenant which causes noise or vibration that may be transmitted to the structure of the Building to such a degree as to be objectionable to Landlord or reasonably objectionable to any tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to reduce such noise and vibration to a level reasonably satisfactory to Landlord. Tenant shall not use or operate or permit the use or operation of any coin or token operated vending machine or similar device for the sale of any goods, wares, merchandise, food, beverages or services, including, but not limited to, pay lockers, pay toilets, scales, gaming machines, amusement devices and machines for the sale of beverages, foods, candy, cigarettes or other commodities, except for a pay telephone.
6.6 Subject to the provisions of Article 10, Tenant shall not install any exterior signs, lighting, shades or awnings or any interior or exterior decorations, carpeting or other floor covering or painting or make any changes to Tenant's store front or the interior or exterior appearance of the Premises without Landlord's prior written consent, not to be unreasonably withheld or delayed, it being understood and agreed that all such items covered by this Section 6.6 shall always be consistent with first-class "white tablecloth" restaurant operations and with the first-class nature of the Building.
6.7 Tenant shall keep the inside and outside of its storefront, walkways adjacent to the Premises, the exterior canopy (including all supports thereof) and glass in the doors and windows of the Premises clean and in good repair, promptly replacing any glass that is cracked or broken. Tenant will not place or maintain any articles of any kind against any glass in the doors and windows of the Premises, in the judgment vestibule or entry of Landlordthe Premises, on the walkways adjacent thereto or elsewhere on the exterior thereof.
6.8 The Premises, including Tenant's display windows and signs, shall be kept in any way impair or tend a first-class neat and clean condition, sanitary, in good order and free of insects, rodents, vermin and other pests by Tenant, at Tenant's expense. Tenant shall perform such repair and cleaning work as shall be necessary to impair maintain the character, reputation or Premises in good order and in keeping with the general standards of maintenance and good appearance of the Building. Tenant shall maintain service contracts upon any mechanical, electrical and fire prevention systems installed in or servicing the Premises, with contractors reasonably approved by Landlord, and shall deliver to Landlord copies of any such service contracts. Tenant will not cause or permit objectionable odors of any kind to emanate from the Premises.
6.9 Tenant shall, at its expense, clean and maintain on a regular basis the Building flue and the roof exhaust fan to which the exhaust system in the Premises is connected, and shall comply with such reasonable rules adopted by Landlord with respect to cleaning the same. Tenant also shall maintain the exhaust system in the Premises. All grease traps and the hood fire suppression system in the Premises shall be maintained and cleaned by Tenant, at Tenant's expense, on a regular basis sufficient to keep the same operating efficiently and safely.
6.10 Tenant shall not permit the use of any portion of the Premises for gaming, the sale of lottery tickets or similar items, for solicitations or demonstrations, or for any similar activities; provided, however, Tenant shall be permitted to use the Premises for wine tasting events, cooking demonstrations and other similar restaurant promotions consistent with the character of a first-class, high quality, "white tablecloth" restaurant.
6.11 Tenant shall pay when due any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant's use or occupancy of the Premises, the conduct of Tenant's business in the Premises or Tenant's equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall promptly pay to Landlord as additional rent the amount of such tax or fee upon demand.
6.12 To the extent any non-compliance of the common areas of the Building with Title III of the Americans With Disabilities Act ("ADA") is principally the result of the use or occupancy of the Premises or any action or inaction of Tenant or any Invitee, then Tenant shall be obligated, at Tenant's sole cost, to promptly take all compliance measures necessary to satisfy the requirements of ADA. Notwithstanding the foregoing, Landlord reserves the right, at its election, to take the above-referenced compliance measures and, in the event Landlord so elects, Tenant shall reimburse Landlord upon demand for all costs incurred in connection therewith. Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises (including entry doors and related items) and the business conducted therein. Any alterations made or constructed by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease, provided that Landlord's consent to such Alterations shall not constitute either Landlord's assumption, in whole or in part, of Tenant's responsibility for compliance with the ADA, or representation or confirmation by Landlord that such alterations comply with the provisions of the ADA.
6.13 Tenant shall have the right to use the area immediately adjacent to the entrance to the Premises designated on Exhibit B (the "Outdoor Seating Area") under a license for food and beverage service, subject to the terms and conditions of this Lease, and all applicable Laws. All provisions of this Lease governing Tenant's obligations with respect to the Premises and Tenant's use and occupancy thereof shall apply to the Outdoor Seating Area unless such provision shall be specifically excluded or alternative provisions applicable to only the Premises or the Outdoor Seating Area, shall be included. In no event shall the square footage of the Outdoor Seating Area be included in the square footage of the Premises for purposes of calculating Base Rent, Additional Rent or any other sums due hereunder. All landscaping and furnishings, and any change, replacements or additions thereto, located or used on or affixed to the Outdoor Seating Area shall be subject to Landlord's prior written approval in each instance, which approval shall not be unreasonably withheld so long as such improvements are not inconsistent with a first-class "white tablecloth" restaurant operation or with the first-class nature of the Building. It is understood and agreed that all such landscaping and furnishings installed on the Outdoor Seating Area shall be at the sole cost and expense of Tenant. It further is understood and agreed that Tenant shall clean and maintain the Outdoor Seating Area on a daily basis. In the event the Outdoor Seating Area is not cleaned and maintained in a manner consistent with a first-class office building, impair Landlord shall have the right to terminate immediately Tenant's license to use the Outdoor Seating Area in addition to all other rights and remedies available to Landlord hereunder. Landlord shall cooperate with Tenant, at no cost or interfere with or tend expense to impair or interfere Landlord, in connection with any of the Building services filings or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with governmental approvals required for the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, Outdoor Seating Area and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental obtaining a liquor license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitPremises.
Appears in 2 contracts
Samples: Lease Agreement (New York Restaurant Group Inc), Lease Agreement (Smith & Wollensky Restaurant Group Inc)
Use of Premises. A. Tenant shall will not use the occupy or use, nor permit any portion of leased premises or any part thereof, or permit the premises or any part thereof to be occupied or used, for any business or purpose other than that described above or for any use or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on account of fire, nor permit anything to be done which will render void or in any way increase the rate of fire insurance on the Building or its contents, and Tenant shall upon notification immediately cease and desist from such use, paying all costs and expenses resulting therefrom.
B. Tenant shall at its own cost and expense promptly obtain any and all licenses and permits necessary for any permitted use. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, its occupancy of the leased premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the leased premises, all at Tenant's sole expense. If, as a result of any change in the governmental laws, ordinances, and regulations, the leased premises which on the plan(s) attached hereto are shown as toilets must be altered to lawfully accommodate Tenant's use and utility areas occupancy, such alterations shall be used made only with the consent of Landlord, but the entire cost shall be borne by Tenant; provided, that, the necessity of Landlord's consent shall in no way create any liability against Landlord for failure of Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofto comply with such laws, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesordinances and regulations. Tenant shall not xxx be responsible for the cost of any alteration to comply with the Americans with Disabilities Act and the regulations issued thereunder.
C. Tenant will maintain the Leased Premises (including all fixtures installed by Tenant, water heaters within the leased premises and plate glass) in good repair, reasonable wear and tear excepted, and in a clean and healthful condition, and comply with all laws, ordinances, orders, rules, and regulations (state, federal, municipal, and other agencies or permit the use bodies having any jurisdiction thereof) with reference to condition, or occupancy of the premises leased premises. Any repairs or any part thereof in any way which would violate any replacements shall be with materials and workmanship of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the same character, reputation or appearance of kind and quality as the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingoriginal. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, without the prior written consent of Landlord, such consent not to be unreasonably withheld, paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of any type on or about the leased premises.
D. Tenant will conduct its business and will control its agents, employees and invitees in such a manner as not permit anyone toto create any nuisance, sell nor interfere with, annoy, or traffic in any spirituous liquors, wine, ale disturb other tenants or beer in or from the premises or carry on any manufacturing Landlord in the management of the Building.
E. Tenant shall pay upon demand as additional rent the full cost of repairing any damage to the leased premises. If , Building or related facilities resulting from and/or caused in whole or in part by the negligence or misconduct of Tenant, its agents, servants, employees, patrons, customers, or any governmental license or permit shall be required for other person entering upon the proper and lawful conduct Development as a result of Tenant's business activities or other activity carried on it the premises, Tenant, at resulting from Tenant's expensedefault hereunder.
F. At termination of this Lease, upon its expiration or otherwise, Tenant shall duly procure deliver the leased premises with all improvements located thereon (except as herein provided) in good repair and thereafter maintain such license or permit condition, reasonable wear and submit the same to inspection by Landlord. Tenanttear excepted, at Tenant's expensebroom clean, shall, at and free from all times, comply with the terms and conditions of each license or permitdebris.
Appears in 2 contracts
Samples: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Use of Premises. 4.1 Tenant shall will not use the premises or any part thereof, or permit the premises Premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which described on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for Lease Cover Page without the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation prior written consent of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof Landlord nor in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or event for any unlawful purposes or in any unlawful manner and manner. Tenant shall will not suffer or permit the premises or any part thereof Premises to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the reasonable business judgment of Landlord, shall will in any way impair the appearance or tend to impair the character, reputation or appearance of the Building as a first-class office building, or of Landlord; impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or of the premises, Premises; or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, by any of the other tenants or and occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. .
4.2 If any governmental license or permit shall will be required for the proper and lawful conduct of the Tenant's business or other activity carried on it business, the premises, Tenant, at Tenant's expense, shall duly Tenant will procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shallThe Tenant will, at all times, comply with the terms and conditions of each such license or permit.
4.3 Tenant will not do or permit to be done any act or thing upon the Premises that will increase the cost to Landlord of insurance on the Building.
4.4 The rights of Tenant in the entrances, halls, public restrooms, walks, drives, parking areas and other common areas of the Building ("Common Areas") are limited to ingress to and egress from the Premises. Tenant will not interfere with the use and enjoyment of the Common Areas by other tenants or occupants of the Building. Landlord will have the right to control and operate the public portions of the Building and the Common Areas by publishing rules and regulations as Landlord deems best for the benefit of all tenants, owners and occupants generally and Tenant agrees to comply with all such rules and regulations after written notice from Landlord.
4.5 No lettering, sign, advertisement, notice or object will be displayed in or on the windows or doors of the Premises, or on the outside of the Premises, or in the Common Areas, or in the parking lot of the Building, or at any point inside the Premises which is visible from outside of the Premises, without the prior written approval of Landlord, such approval shall not be unreasonably withheld or delayed.
4.6 No awnings or other projections over or around the windows or window draperies or blinds will be installed by Tenant except as approved or supplied by Landlord, such approval not to be unreasonably withheld or delayed and Landlord will have no obligation to provide any such draperies or blinds.
4.7 Landlord will have the right to prescribe the weight and position of objects of excessive or concentrated weight, and no object whose weight exceeds the lawful or permitted load for the area upon which it would stand will be brought into or kept upon the Premises.
4.8 Landlord will at all times have a master key or other access device to open the door to the Premises. No additional locks or bolts of any kind will be placed upon any of the doors in the Premises and no lock on any door will be changed or altered in any respect without the Landlord's prior written consent, which will not be unreasonably withheld or delayed. Duplicate keys and other access device for the Premises will be procured only from Landlord, which may make a reasonable charge therefor. Upon the termination of the Lease, all keys of the Premises will be delivered to the Landlord.
4.9 Landlord will have no responsibility to provide security to or for Tenant or Tenant's employees, agents or invites, or to provide for the protection of Tenant against the removal of property from the Premises.
4.10 The Building, including the Premises and the Common Areas, is a smoke- free/no smoking building. Tenant will not permit smoking of any product or substance within the Premises and the Building and will prohibit its employees and customers from smoking in the Building or immediately outside of the Building.
4.11 The Premises shall be used only by Tenant and its employees, customers and business invitees. Tenant shall not permit the number of people occupying the Premises to exceed the number set forth in Paragraph 6 of the Lease Cover Page, if any number is set forth therein. Tenant shall comply with all laws, ordinances and regulations regarding occupancy. Landlord may prescribe reasonable rules and regulations regarding the number of occupants of the Premises.
4.12 Landlord shall have the right to designate parking spaces for tenants of the Building. Tenant shall not use an excessive number of parking spaces and will not permit any vehicles to remain in the parking lot for more than 48 consecutive hours.
4.13 No music systems for the Premises shall be installed without first obtaining in each such instance the Landlord's written consent. No aerial shall be erected on the roof or exterior walls of the Premises or on the grounds without, in each instance, the written consent of Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time. Data and communications systems may only be installed in and through the Building's room identified by Landlord for such purpose, and Landlord shall have the right to approve all data and communications systems and installation contractors. All installation shall be performed in the presence of Landlord or its representative. In the event aerials, data or communications systems interfere with those provided by Landlord or used by other tenants, Landlord may revoke its consent and Tenant shall remove at its expenses such aerials, data systems or communications systems.
4.14 Tenant shall not operate or permit to be operated on the Premises any coin- or token-operated vending machines, or similar devices for the sale of goods, wares, merchandise, food, beverage, and/or service, including, without limitation, pay telephones, pay lockers, scales and amusement devices, without Landlord's written consent.
4.15 Tenant shall not perform any acts or carry on any practices which may injure the Building or be a nuisance or menace to other tenants in the Building. Tenant shall not make any excessive noise and will not permit cursing or swearing.
4.16 Tenant may enter the Building prior to or after Ordinary Business Hours (identified below) but Tenant must close and lock all doors at all times while in the Building, and upon exiting the Building prior to or after Ordinary Business Hours, must turn off all lights and otherwise properly close and secure the Building.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Use of Premises. (a) Tenant shall not may occupy and use the premises or any part thereofPremises for the preparation of materials used in DNA research, or permit and for research and development and general office and warehousing purposes associated with such preparation, and for no other purpose without the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentionedconsent of Landlord, subject, however, to all the terms and provisions of any covenants, agreementseasements, terms, provisions and conditions of this Lease. Those portions, if any, or restrictions which affect the use of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedPremises. Tenant will shall not at permit any time unlawful occupation, business or trade to be conducted on any of the Premises or any use to be made thereof contrary to applicable laws or regulations. Tenant shall not use or occupy the premises or any part thereof, or permit any of the premises or any part thereof Premises to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer nor do or permit anything to be brought into done in or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with on any of the Building services Premises, in a manner which would (i) violate any certificate of occupancy affecting any of the Premises, (ii) make void or voidable any insurance then in force with respect to any of the proper and economic heatingPremises, cleaning, air conditioning (iii) make it difficult or impossible to obtain fire or other servicing insurance which is required hereunder, or cause the cost of maintaining such insurance to increase, (iv) cause structural damage to the Building, or (v) constitute a public or private nuisance or waste.
(b) As part of its obligation to comply with laws and other requirements under Paragraph 5(a) of this Lease, Tenant shall not (either with or without negligence) generate, use, store, or cause or permit the escape, disposal or release of any Hazardous Materials in or about the Building or the premisesProperty or the Premises, except in strict accordance with applicable laws. Hazardous Materials shall mean (a) “hazardous wastes”, as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, (b)“hazardous substances”, as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, (c)“toxic substances”, as defined by the Toxic Substances Control Act, as amended from time to time, (d) “hazardous materials”, as defined by the Hazardous Materials Transportation Act, as amended from time to time, (e) any applicable state or local laws and the regulations adopted under these acts, as amended from time to time, (f) oil or other petroleum products whether refined or unrefined, (g) any highly combustible substance and (h) any substance whose presence in Landlord’s reasonable judgment could be detrimental to the Building or the Property or the Premises or hazardous to health or the environment. If any lender or governmental agency shall ever require testing to ascertain whether or not here has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if such requirement applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Materials in the Premises. In all events, Tenant shall indemnify and hold Landlord harmless of and from any and all costs and expenses of any nature arising from the release of Hazardous Materials in the Premises occurring while Tenant is in possession, or impair elsewhere on the Property and any adjacent real estate owned by Landlord, if caused by Tenant or interfere persons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the Lease.
(c) If Tenant fails to comply with any applicable law or tend to impair regulation or interfere with if Landlord reasonably believes the use violation of any law or regulation is threatened, Landlord shall have the right (but not the obligation) following thirty (30) days written notice to Tenant unless Tenant commences to act during or prior to such period, and diligently pursues the cure of such failure to comply (unless such failure or threatened failure causes imminent threat to life or property in which case no notice is required), to act in place of Tenant and to take such action as it may deem necessary or desirable to ensure compliance or to mitigate, xxxxx or correct the other areas of the Building by, violation or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingthreatened violation. Tenant shall not install any electrical or other equipment All reasonable costs of any kind whichwhatsoever incurred by Landlord in connection therewith, in including consultants’ and reasonable attorneys’ fees, shall be payable on demand, shall bear interest at the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notdefault rate until paid, and will not permit anyone toshall constitute additional rent.
(d) Tenant shall indemnify, sell or traffic in defend and hold Landlord harmless from and against any spirituous liquorsand all claims, winelosses, ale or beer in or damages, liabilities, cost and expenses, including attorneys’ fees, arising from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same ’s failure to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with all applicable laws and regulations. The foregoing provisions shall survive the terms and conditions expiration or earlier termination of each license or permitthis Lease.
Appears in 2 contracts
Samples: Deed of Lease (Maravai Lifesciences Holdings, Inc.), Deed of Lease (Maravai Lifesciences Holdings, Inc.)
Use of Premises. Tenant shall not Xxxxxx agrees to use the premises or solely as a private residence for lessee and the persons designated as residents on lessee's Rental Application. If any part thereofperson resides at the premises other than those so designated as residents for more than five consecutive days in any one month without lessor's written consent, lessor shall have the option of pursuing any remedies allowed by law, including terminating the lease, or permit increasing the monthly rent in the amount of $100 for each such person. The total number of persons occupying the premises shall not exceed one per bedroom. Lessee agrees that no business activities or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas child care services shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer operated in or from the premises or carry in any common area (except that any lawful home business conducted by telecommunications, mail or computer is permitted so long as no persons come to the premises for business purposes and no products for distribution to customers are delivered to, stored on or shipped from the premises). Xxxxxx also agrees to use the premises and all common areas in accordance with any manufacturing Rules and Regulations promulgated by lessor. Lessee agrees that all common and outside areas provided for use with the premises shall be kept free from lessee's property, trash or debris, and that lessee shall not permit toys, bicycles, scooters, skates, grills, furniture and the like to be or remain in such areas; rather, such items shall be stored inside the premises or in such other place as lessor may provide or designate. Xxxxxx agrees to use good judgment and thoughtfulness for others in the use of the premises. If any governmental license Xxxxxx agrees not to commit, suffer, or permit any waste, litter or nuisance in, on, or near the premises. Lessee shall be required for not place or permit anywhere on or about the proper and lawful conduct of Tenant's premises or in any window any sign, light, advertisement or announcement whatsoever, but a business or other activity carried personal card containing lessee's name may be placed on it the premises, Tenant, at Tenant's expense, shall duly procure outside door of the premises and thereafter maintain such license a mailbox assigned to lessee. Xxxxxx agrees not to do or permit any act at or near the premises that may subject lessor to any legal liability or increase the likelihood of fire or injury to any other person or damage to any property. Xxxxxx agrees that lessor reserves the right to control and submit regulate the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at use of all times, comply with the terms and conditions of each license or permitcommon areas.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Use of Premises. The Tenant agrees to comply with The following rules and regulations and with such reasonable modifications thereof and additions thereto as the Landlord may hereafter from time to time make for the Building and provide to Tenant in writing. The Landlord shall not be responsible for the nonobservance by any other tenant or any of said rules and regulations.
(a) The Tenant shall not exhibit, sell or offer for sale on the Premises or in the Building any article or thing except those articles and things essentially connected with the stated use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on Premises by the plan(sTenant without the advance consent of the Landlord.
(b) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. The Tenant will not at any time use or occupy the premises or any part thereof, make or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the made any use of the premises Premises or any part parts thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for which directly or indirectly is forbidden by public law, ordinance or governmental regulation or which may be dangerous to life, limb or property, or which may invalidate or increase the premium cost of any unlawful purposes policy of insurance carried on the Building or in any unlawful manner and Tenant shall not covering its operation, or which will suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the reasonable judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building Property as a first-class high quality office building, impair or interfere with or tend to which will impair or interfere with any of the services performed by Landlord for the Property.
(c) The Tenant shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building services any sign, notice, legend, direction, figure or advertisement, except on the proper doors of the Premises and economic heatingon the Directory Board, cleaningand then only such name(s) and matter, air conditioning and in such color, size, place and materials, as shall first have been approved by the Landlord. The listing of any name other than that of the Tenant, whether on the doors of the Premises, on the Building directory, or other servicing otherwise, shall not operate to vest any right or interest in this Lease or in The Premises or be deemed to be the written consent of Landlord mentioned in Section 9, it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant.
(d) The Tenant shall not advertise the business, profession or activities of the Tenant conducted in the Building in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such business address of the Tenant, and shall never use any picture or likeness of the Building In any circulars, notices, advertisements or correspondence without the premisesLandlord's consent.
(e) No additional locks or similar devices shall be attached to any door or window without Landlord's prior written consent. No keys for any door other than those provided by the Landlord shall be made. If more than two keys for one lock are desired, the Landlord will provide the same upon payment by the Tenant. All keys and key cards must be returned to the Landlord at the expiration or termination of the Lease. Tenant shall pay Landlord Landlord's actual cost for any key cards furnished to Tenant to provide Tenant access to the Building after ordinary hours of operation.
(f) The Tenant shall not make any alterations, improvements or additions to the Premises including, but not limited to, wall coverings and special lighting installations, without the Landlord's advance written consent, which consent shall not be unreasonably withheld, in each and every instance. In the event Tenant desires to make any alterations, improvements or additions; Tenant shall first submit to Landlord Plans and Specifications therefor and obtain Landlord's written approval thereof prior to commencing any such work, which approval shall not be unreasonably withheld or delayed. All alterations, improvements or additions, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's property and shall remain upon the Premises at the termination of this Lease without compensation to Tenant (except only Tenant's movable office furniture, trade fixtures, office and professional equipment and except as otherwise agreed by the parties). Any damage caused by or resulting from the removal of Tenant's office furniture, trade fixtures, and office and professional equipment may be repaired by the Landlord at Tenant's cost and expense.
(g) All persons entering or leaving the Building after hours on Monday through Friday, or impair or interfere with or tend to impair or interfere with the use of at any of the other areas of the Building bytime on Saturdays, Sundays, or occasion discomfortholidays, inconvenience may be required to do so under such regulations as the Landlord may impose. The Landlord may exclude or annoyance toexpel any peddler.
(h) The Tenant shall not overload any floor. The Landlord may direct the time and manner of delivery, any routing and removal, and the location, of safes and other heavy articles.
(i) Unless the other tenants or occupants of Landlord gives advance written consent, the Building. Tenant shall not install or operate any electrical steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air-conditioning apparatus in or about the Premises, or carry on any mechanical business therein, or use the Premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein, or use any illumination other than electric light, or use or permit to be brought into the Building any inflammable fluids such as gasoline, kerosene, naphtha, and benzine, or any explosives, radioactive materials or other equipment articles deemed extra hazardous to life, limb or property. The tenant shall not use the Premises for any illegal or immoral purpose.
(j) The Tenant shall cooperate fully with the Landlord to assure the effective operation of the Building's air conditioning system, and leave any kind whichwindows closed when the air-conditioning system is in use.
(k) [INTENTIONALLY DELETED]
(l) The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by the Tenant or used for any purpose other than for ingress to and egress from its Premises. The halls, passages, exits, entrances, elevators, stairways and roof are not for the use of the general public and the Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of the Landlord, might shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to prevent such access to persons with whom the Tenant normally deals in the ordinary course of Tenant's business unless such persons are engaged in illegal activities. Neither Tenant nor any employees or invitees of Tenant shall go upon the roof or mechanical floors of the Building, without the advance consent and supervision of Landlord.
(m) Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in manner offensive or objectionable to the Landlord or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Property.
(n) Tenant shall see that all doors, and windows, if operable, of the Premises are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus are entirely shut-off before Tenant or Tenant's employees leave the Building, and that all electricity shall likewise be carefully shut off so as to prevent waste or damage.
(o) Tenant agrees that it will not violate any Environmental Requirements or cause any Hazardous Substances to be generated, treated, stored, released, used or disposed of in, on, at or under the Premises, Building, or Project. Notwithstanding the foregoing, Tenant may, upon written consent of Landlord (which may be granted or withheld in Landlord's sole discretion) and solely as an incident to its business operations, use certain materials and substances which may contain Hazardous Substances provided that same are of a type and in the quantities customarily found or used in similar office environments, such impairmentas packaging materials, interferencecommercial cleaning fluids, discomfortphotocopier fluids and similar substances and further provided that all such use is in total compliance with all Environmental Requirements. Tenant covenants and agrees to defend, inconvenience indemnify, and hold harmless Landlord and beneficiaries, Landlord's lenders or annoyancemortgage holders, officers, directors, servants, agents, successors, assigns, and employees thereof, respectively (collectively, "Landlord's Affiliates"), both in their capacities as corporate representatives and as individuals, from and against any and all liabilities, actions, responsibilities, obligations, environmental impairment damages, fines, losses, damages, and claims, and all costs and expenses (including but not limited to attorneys' fees and expenses) (collectively, "Losses") to the extent such Losses directly result from the actions or failure to act of Tenant, Tenant's employees, agents, contractors, or invitees , which: i) relate in any way to Tenant's failure or alleged failure to comply with any Environmental Requirements; ii) related to the actual or threatened release, generation, treatment, presence, storage, use, or disposition of any Hazardous Substances, pollutants, or contaminants by Tenant on or in the Premises, Building and/or Project; or iii) the violation or threatened violation of Tenant's covenants herein. Except Notwithstanding the foregoing, Tenant shall have no liability for any losses incurred by Landlord, not caused by Tenant's conduct or those of Tenant's employees, agents, contractors, or invitees.
(p) Tenant shall also comply with Rules and Regulations as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitExhibit "D".
Appears in 2 contracts
Samples: Office Lease (Elastic Networks Inc), Office Lease (Elastic Networks Inc)
Use of Premises. Tenant (i) The Lessee shall use the Leased Property for the conduct of the business described at Paragraph L. above and for no other purposes whatsoever without the Lessor's prior written consent.
(ii) The Lessee will not make any unlawful, improper or offensive use of the Leased Property; he will not suffer any strip or waste thereof; he will not permit an objectionable noise or odor to escape or to be emitted from the Leased Property or do anything or permit anything to be done upon or about the Leased Property in any way tending to create a nuisance.
(iii) The Lessee will not allow the Leased Property at any time to fall into such a state of repair or disorder as to increase the fire hazard thereon; he shall not install any power machinery on the Leased Property except under the supervision and with written consent of the Lessor; he shall not store gasoline or other highly combustible materials on the Leased Property in such a way or for such a purpose that the fire insurance rate on the building in which the Leased Property is locates is thereby increased or that would prevent the Lessor from taking advantage of any rulings of the Insurance Rating Bureau of the state in which the Leased Property is situated which would allow the Lessor to obtain reduced premium rates for long term fire insurance policies.
(iv) The Lessee shall comply at the Lessee's own expense with all laws and requiations of any municipal, county, state, federal or other public authority respecting the use of the premises Leased Property, including the Americans With Disabilities Act.
(v) The Lessee will not overload the floors of the Leased Property in such a way as to cause any undue or serious stress or strain upon the building in which the Leased Property is located, or any part thereof, or permit and the premises or Lessor shall have the right, at any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, howevertime, to all call upon any competent engineer or architect whom the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, Lessor may choose to decide whether or not the floors of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises Leased Property, or any part thereof, are being overloaded so as to cause any undue or permit the premises serious stress or strain on said building, or any part thereof thereof, and the decision of said engineer or architect shall be final and binding upon the Lessee; and in the event that the engineer or architect so called upon shall decide that in his opinion the stress or strain is such as to be used endanger or occupiedinjure said building, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof thereof, then and in any way that event the Lessee agrees immediately to relieve said stress or strain either by reinforcing the building or by lightening the load which would violate any of causes such stress or strain in a manner satisfactory to the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitLessor.
Appears in 2 contracts
Samples: Lease (United Stationers Supply Co), Lease (United Stationers Supply Co)
Use of Premises. This Lease is subject to all Regulations governing use of the Property. Tenant shall has not entered into this Lease relying on any representation by Landlord or its Agents as to suitability of the Premises for the conduct of Tenant's business. Tenant has made its own analysis of suitability of the Premises for its intended use. Tenant shall: 1) use the premises or Premises for only laboratory and office research and development; 2) pay Landlord the full amount of any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the increased insurance premium resulting solely from Tenant's use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on Premises; 3) at its sole expense, promptly comply with all Regulations and the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at requirements of any time board of fire underwriters or other similar body now or hereafter constituted relating to or affecting Tenant's particular use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesPremises. Tenant shall not xxx 1) sell or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be kept, used or sold in or about the Premises any manner or articles prohibited by a standard form policy of fire insurance; 2) do not permit anything to be done therein in or about the Property which will obstruct or interfere with rights of other occupants of the Property or injure or unreasonably annoy them; 3) maintain or permit any nuisance in or about the Property; 4) commit or suffer to be committed any waste in or upon the Property; 5) conduct or allow any auction or similar sale upon the Property; 6) do or permit anything to be brought into done in or kept in about the premises whichProperty which will violate any Regulation [the final, in the unappealable judgment of Landlord, shall any court of competent jurisdiction or Tenant's admission in any way impair action (whether or tend not Landlord is a party) that Tenant has violated a Regulation shall be conclusive of that fact between Landlord and Tenant or 7) do or permit anything to impair be done which will increase existing insurance premiums for the character, reputation Property or appearance cause cancellation of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any policy covering any of the Building services or the proper and economic heatingProperty; provided, cleaninghowever, air conditioning or other servicing that none of the Building or the premisesforegoing shall restrict Tenant's ability to conduct its business as is customary for a biotechnology company conducting research and development. However, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.cause
Appears in 1 contract
Samples: Triple Net Laboratory Lease (Sangamo Biosciences Inc)
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises Premises in violation of any law, statute, ordinance or any part thereof governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority to be used a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupiedoccupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, Alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or the Project and all covenants, conditions and restrictions affecting the Premises, the Building or the Project, including, but not limited to, Tenant’s execution of any subordination agreements requested by a mortgagee (which for purposes of this Lease includes any lender or grantee under a deed of trust) of the Premises, the Building or the Project.
(c) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the event that any architectural control committee or department of the state or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business is or will continue to be lawful or permissible under any certificate of occupancy (temporary or final) issued for the Building and/or or the premises. Premises, or otherwise permitted by Law.
(d) Tenant shall not xxx do or permit to be done anything which may invalidate or increase the use cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises appropriate fire codes and ordinances or any part thereof other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install any electrical create within the Premises a working environment with a density of greater than the lesser of (i) five (5) persons per 1,000 square feet of Rentable Area, or other (ii) the maximum density permitted by Law. Business machines and mechanical equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain any and all security devices in or on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and smoke detectors and burglar alarms located within the Premises and shall cooperate with Landlord and other tenants in the Project with respect to access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any (a) oil or any other petroleum-based substance, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the Project or to persons on or about the Project or (ii) cause the Project to be in violation of any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 X.X.X. §0000, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. §300, et seq.; the Toxic Substances Control Act, as amended, 15 U.S.C. §2601, et seq.; the Federal Hazardous Substances Control Act, as amended, 15 U.S.C. §1261, et seq.; and the Occupational Safety and Health Act, as amended, 29 U.S.C. §651, et seq.; Chapters 373, 376 and 403, Florida Statutes and the regulations promulgated pursuant thereto; (d) other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Project or the owners and/or occupants of property adjacent to or surrounding the Project, or any other Person coming upon the Project or adjacent property; and (e) other chemicals, materials or substances which may or could pose a hazard to the environment. The term “Permitted Hazardous Materials” shall mean Hazardous Materials which are contained in ordinary office supplies of a type and in quantities typically used in the ordinary course of business within executive offices of similar size in the comparable office buildings, but only if and to the extent that such license supplies are transported, stored and used in full compliance with all applicable laws, ordinances, orders, rules and regulations and otherwise in a safe and prudent manner. Hazardous Materials which are contained in ordinary office supplies but which are transported, stored and used in a manner which is not in full compliance with all applicable laws, ordinances, orders, rules and regulations or permit which is not in any respect safe and submit prudent shall not be deemed to be “Permitted Hazardous Materials” for the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions purposes of each license or permitthis Lease.
Appears in 1 contract
Use of Premises. (a) Tenant covenants to use and occupy the Leased Premises for executive and general offices for normal office use, and for no other purpose whatsoever, and to permit Landlord to transmit heat, air conditioning, and electric current throughout the Leased Premises at all times at the discretion of Landlord, provided, however, that Landlord shall not exercise this right in such a way as to unreasonably inconvenience Tenant, or unreasonably interfere with Tenant's use of the premises or any part thereof, Leased Premises.
(b) Tenant will not use or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises Leased Premises or any part thereof to be used for any disorderly, unlawful or occupiedextra hazardous purpose nor for any other purpose than hereinbefore specified; and will not manufacture any commodity therein, in violation without the prior written consent of the certificate of occupancy Landlord.
(temporary or finalc) issued for the Building and/or the premises. Tenant shall will not xxx do or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises whichLeased Premises, in or the judgment of LandlordBuilding, or bring or keep anything therein, which shall in any way impair increase the rate of fire or tend to impair other insurance on the characterBuilding, reputation or appearance of on the Building as a first-class office buildingproperty kept in the Building, impair or obstruct, or interfere with the rights of other tenants, or tend to impair in any way, injure or interfere annoy them, or those having business with them, or conflict with the fire laws or regulations or with any of insurance policy upon the Building services or any part thereof, or with any statutes, rules or regulations enacted or established by the proper and economic heatingFederal Government or by the State, cleaning, air conditioning City or County in which the Leased Premises is located. If any increase in the rate of fire insurance or other servicing insurance is stated by any insurance company due to activity or equipment of Tenant in or about the Leased Premises, such statement shall be conclusive evidence that the increase in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for such increase and shall reimburse Landlord therefor as additional rent.
(d) Tenant shall have only a non-exclusive right to use the common or public areas of the Building or the premises, parking area on the land and shall not place or impair leave any items therein or interfere with thereon or tend to impair in any other place on the land or interfere with the use of any of the other areas of in the Building by, or occasion discomfort, inconvenience or annoyance to, any of other than within the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitLeased Premises.
Appears in 1 contract
Samples: Lease Modification Agreement (Federal Data Corp /Fa/)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only Lessee for the commercial dog/cat grooming business purposes, and for such other purposes for which they are designedthe Lessor may from time to time consent to in writing. Tenant Lessee shall use and maintain the Premises in a clean, sanitary, safe, careful and proper manner. Lessee shall comply with all applicable laws, ordinances and regulations as to the use, occupancy, maintenance and condition of the Premises. Lessee will not at any time use or occupy allow the premises or any part thereof, or permit the premises or any part thereof Premises to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner that will damage the reputation of, increase the rate of insurance, increase the hazard of fire, or otherwise be injurious to Premises. The Lessee shall keep the Premises free of rodents, insects, pest and Tenant any obnoxious or noxious odors. The Premises shall not suffer or permit be used for any extra hazardous use. Lessee shall dispose of all rubbish, trash, garbage and other waste in a clean and sanitary manner from the premises or Premises. Lessee shall properly use and operate all appliances, electrical, gas and plumbing fixtures and shall not destroy, deface, damage, impair nor remove any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building building, equipment or appurtenances thereto. Lessee shall not permit any of its agents, employees, representatives, guests or invitees to violate any of Lessee’s obligations under this Lease. Lessee has examined the Premises and appurtenances, prior to and as a first-class office buildingcondition precedent to its acceptance and execution of this Lease, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere is satisfied with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notphysical condition thereof, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit Lessee’s taking possession shall be required for the proper conclusive evidence of its receipt thereof in good order and lawful conduct of Tenant's business or other activity carried on it the premisesrepair. LESSEE AGREES THAT NO REPRESENTATIONS OR WARRANTIES AS TO HABITABILITY, TenantSUITABILITY, at Tenant's expenseCONDITION OR REPAIR HAVE BEEN MADE BY LESSOR OR ITS REPRESENTATIVES, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. TenantOFFICERS, at Tenant's expenseOR AGENTS WHICH ARE NOT HEREIN EXPRESSED IN THE ADDITIONAL COVENANTS AND THAT NO OTHER PROMISE TO DECORATE, shallALTER, at all timesREPAIR OR IMPROVE, comply with the terms and conditions of each license or permitEITHER BEFORE OR AT THE EXECUTION HEREOF, NOT CONTAINED HEREIN, HAS BEEN MADE BY LESSOR OR ITS REPRESENTATIVES, OFFICERS OR AGENTS.
Appears in 1 contract
Samples: Real Estate Lease Agreement
Use of Premises. (a) Tenant shall use the Premises only for general office uses and uses customarily accessory thereto and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises or any part thereof to be used or occupied, Premises in violation of the certificate of occupancy any applicable law, statute, ordinance or any governmental rule, regulation or order (temporary collectively, “Law” or final“Laws”) issued for the Building and/or the premises. and Tenant shall not xxx or permit the shall, upon written notice from Landlord, discontinue any use of the premises or Premises which is declared by any part thereof in governmental authority to be a violation of Law. If any way which would violate any Law shall, by reason of the covenants, agreements, terms, provisions and conditions nature of this Lease Tenant’s use or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance occupancy of the Building as a first-class Premises for other than general office buildinguse, impair impose any duty upon Tenant or interfere Landlord with respect to (i) modification or tend to impair or interfere with any other maintenance of the Building services or the proper and economic heatingPremises, cleaning, air conditioning or other servicing of the Building or the premisesLand, or impair (ii) the use, Alteration or interfere occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to all Security Documents (as defined in Paragraph 16(a) below) and all covenants, conditions and restrictions affecting the Premises, the Building or tend the Land, including, but not limited to, any subordination agreements described in Paragraph 16(a) below, provided that Landlord hereby represents, warrants and covenants that no such Security Documents, covenants, conditions and restrictions adversely affect the use and occupancy of the Premises for general office use, access to impair the Premises or the exercise of Tenant’s right to use the parking garage.
(c) Tenant shall not do or permit to be done anything which may invalidate any insurance coverage that is in place affording coverage at the location, or that would increase the risk of loss at the location, or that would cause an increase in the cost of any insurance policy covering the Building, the Land and/or property located therein and Tenant shall comply with all rules, orders, regulations and requirements as set forth in all applicable fire codes and ordinances issued by any federal, state or local governmental body, or by any other organization performing a similar function and issuing codes that pertain to the location. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon written demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(d) Tenant shall not in any way interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install use or allow the Premises to be used for any electrical unlawful purpose, nor shall Tenant cause, maintain, or other equipment permit any nuisance in, on or about the Premises, the Building or the Land. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load of 70 pounds per square foot of area or otherwise use any kind which, Building system in the judgment excess of Landlord, might cause any such impairment, interference, discomfort, inconvenience its capacity or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquorsother manner which may damage such system or the Building. Tenant shall not create within the Premises a working environment with a density of greater than the lesser of (i) one (1) person per 150 square feet of Rentable Area, wine, ale or beer in or from (ii) the premises or carry on any manufacturing in the premisesmaximum density permitted by Law. If any governmental license or permit Business machines and mechanical equipment shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Land.
(e) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order (reasonable wear and submit tear excepted), including, but not limited to, exterior door locks for the same Premises and smoke detectors and burglar alarms located within the Premises and shall cooperate with Landlord and other tenants in the Building with respect to inspection by Landlord. Tenantaccess control and other safety matters.
(f) As used herein, at Tenant's expensethe term “Hazardous Material” means any (a) oil or any other petroleum-based substance, shallflammable substances, at all timesexplosives, comply with radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the terms and conditions Building or to persons on or about the Land or (ii) cause the Building or the Land to be in violation of each license any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or permit.other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive
Appears in 1 contract
Use of Premises. Tenant shall use the Premises only as set forth in Item 12 of the Basic Lease Provisions and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, Premises in violation of law or of the certificate of occupancy (temporary or final) issued for the Building and/or Building, and shall, upon five (5) days written notice from Landlord, discontinue any use of the premisesPremises which is declared by any governmental authority having jurisdiction to be a violation of law or of said certificate of occupancy. Tenant shall comply with any direction of any governmental authority having jurisdiction which are not the responsibility of Landlord under this Lease and which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupancy thereof. Tenant shall not xxx do or permit to be done anything in or about the use Premises or the Building which will invalidate or increase the cost of any fire, extended coverage or any other insurance policy covering the Building, or property located therein and shall comply with all rules, orders, regulation and requirements of the premises Washington Insurance Examining Bureau or any part thereof other organization performing a similar function. Notwithstanding Paragraphs 3(d) or 3(f), Tenant shall promptly upon demand reimburse Landlord for the full amount of any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this paragraph; provided, such demand for reimbursement shall not be Landlord's exclusive remedy. Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingBuilding or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. Tenant shall not install commit or suffer to be committed any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer waste in or from upon the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitPremises.
Appears in 1 contract
Samples: Office Lease (Pacifica Bancorp Inc)
Use of Premises. Tenant Sublessee shall not use the premises Demised Premises only for a Bank Branch and general office and all use of the Demised Premises shall comply with all laws, ordinances, orders, rules and regulations (including without limitation, the zoning classifications existing as of the Rental Commencement Date of any lawful governmental authority, agency or any part thereofother public or private regulatory authority having jurisdiction over the Demised Premises. The Sublessee shall use and occupy the Demised Premises in a careful, or permit safe and proper manner and shall keep the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions Demised Premises in a clean and conditions of safe condition in accordance with this Lease. Those portionsThe Sublessee shall use and maintain the Demised Premises consistent with present reasonable standards of good business center operations and shall not permit solicitations, if anydemonstrations, itinerant vending or any other activities inconsistent with such standards including but not limited to any purpose which is questionable, immoral, unchaste or impure, and which prohibited uses shall include, without limitation, the operation of a nude dancing bar or club or adult book store. Without limiting the generality of the premises which on above provision, the plan(s) attached hereto are shown as toilets and utility areas Demised Premises shall not be used by Tenant only for the purposes for which they are designed. Tenant will not at any time treatment, storage, use or occupy the premises disposal of toxic or hazardous waste or substances, or any part thereofother substance, that is prohibited, limited or permit regulated by any governmental or quasi-governmental authority. Notwithstanding the premises foregoing, Sublessee shall have the right to use ordinary cleaning supplies and solvents in the ordinary course of business. Sublessee shall save Sublessor harmless from any penalties, fines, costs, expenses or any part thereof damages resulting from failure so to be used comply. Sublessee or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant Sublessor shall not xxx do any act or permit follow any practice relating to the use of the premises Demised Premises which shall constitute a nuisance or any part thereof detract in any way which would violate any from the reputation of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building Project as a first-first class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingoffice/warehouse development. Tenant Sublessee’s duties in this regard shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required include making arrangements at Sublessee’s expense for the proper storage and lawful conduct timely disposition of Tenant's business garbage and refuse, and allowing no noxious or other activity carried on it offensive odors, fumes, gases, smoke, dust, steam or vapors, or any loud or disturbing noise or vibrations to originate in or emit from the premisesDemised Premises. Sublessee shall save Sublessor harmless from any claims, Tenantliabilities, at Tenant's expensepenalties, shall duly procure and thereafter maintain such license fines, costs, expenses or permit and submit damages resulting from the same failure of Sublessee to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms provisions of this Article VIII. Notwithstanding the foregoing provision of this Article VIII with respect to the exterior of the Buildings and conditions the Common Areas of each license or permitthe Project, Sublessor shall comply with all laws, ordinances, orders, rules and regulations (including without limitation, the zoning classifications existing as of the Rental Commencement Date) of any lawful authority having jurisdiction over the Project.
Appears in 1 contract
Samples: Sublease Agreement (Greenville First Bancshares Inc)
Use of Premises. Tenant shall use or permit the premises to be used for all purposes consistent with a vehicle towing service and attendant repair services. Tenant shall not perform any act or use the premises in any manner that may be prohibited under fire, safety, health or sanitation codes or regulations. Tenant shall comply with all governmental laws, ordinances, regulations and statutes affecting the premises either now or in the future. Tenant shall not use the premises or in any part thereof, or permit manner which is unlawful and any such use shall terminate the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this LeaseSublease immediately. Those portions, if any, Sub-lessor shall put Tenant in actual possession of the premises which at the beginning of the term and hereby covenants that Tenant, on paying the plan(s) attached hereto are shown as toilets said rent and utility areas performing the covenants herein agreed to, shall be used by Tenant only peacefully and quietly have, hold and enjoy the said demised premises for the purposes entire term, subject to the terms of this Sublease. If for which they are designed. Tenant will any reason Sub-lessor does not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use deliver possession of the premises or any part thereof in any way which would violate any at the commencement of the covenantsterm, agreementsbut does so deliver possession within thirty (30) days of the commencement of the term of the Sublease, terms, provisions and conditions of then this Lease or for any unlawful purposes or in any unlawful manner and Tenant Sublease shall not suffer be void or permit voidable. However, there shall be a proportionate reduction in total rent covering the period between the commencement of the term and actual delivery of the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises whichTenant, in the judgment event of Landlord, shall in any way impair or tend to impair the character, reputation or appearance late delivery by Sub-lessor. Any delivery of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any premises later than thirty (30) days of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing commencement of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any term of the Sublease shall render this Sublease voidable by Tenant, and Tenant may so void by providing Sub-lessor with notice that such Sublease shall be void if the premises herein Subleased by Tenant are not delivered within a period no less than five (5) days after such notice. Sub-lessor shall not be liable to Tenant for any loss or damage resulting from any failure of Sub-lessor to deliver the premises to Tenant, except Sub-lessor shall promptly return any unearned sums paid or deposited by Tenant. In the event either party seeks enforcement of this Sublease against the other areas party, then the prevailing party shall be awarded as damages all costs and reasonable attorney's fees incurred in such enforcement. Sub-lessor represents that there are no environmental violations with respect to any prior usage of the Building by, or occasion discomfort, inconvenience or annoyance to, premises and shall defend and hold Tenant harmless for any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause claim made with respect to any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitprior usage.
Appears in 1 contract
Use of Premises. COMPLIANCE WITH LAWS
3.1 Subject to Section 3.2, the Demised Premises may be used only for general office and cleanroom, subject to and in accordance with all Legal Requirements (hereafter defined) and for no other 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 premises 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 BioLife lease 4/1/2008 Requirements or Insurance Requirements, (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.
3.3 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 (iii) subtenants of Tenant (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 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 compliance involves changes in the use of the Demised Premises or any part thereof, or permit be required on account of any particular use to which the premises Demised Premises, or any part thereof to may be usedput, for and whether or not any purpose other than such Legal Requirements or Insurance Requirements be of a kind not now within the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, contemplation of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitparties hereto.
Appears in 1 contract
Use of Premises. (a) The premises shall be used and occupied for rall Call Center and General- Office and for no other purposes withxxx the prior written consent of Landlord. Any unauthorized use shall be a breach of this Lease. Tenant, its employees, agents, customers and invitees are hereby granted the nonexclusive use of the common corridors and hallvays, stairwells, elevators, rest rooms and other generally understood Public or common areas of the Building; provided, however, that Landlord reserves the right to regulate or restrict the use of any such public or common areas, whether or not specifically set f orth above. Tenant shall not use the premises Premises or any part thereof, or permit allow the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof Premixxx to be used so as to create waste or occupiedconstitute a nuisance, or disturb other tenants located in violation the building.
(b) Landlord reserves the right from time to time without unreasonable interference with Tenant's use of the certificate Premises to alter or relocate any common facilities, to expand the Building, and to install, use, maintain, repair, and replace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to other parts of occupancy (temporary or final) issued for the Building and/or above the premises. ceiling surfaces, below the floor surf aces, within the wall, and in the central core areas, and to relocate any pipes, ducts, conduits, wires, and appurtenant meters and equipment included in the Premises which are located in the Premises or located elsewhere outside the Premises.
(c) Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises that will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair obstruct or interfere with or tend to impair or interfere with any vith the rights of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building or injure or annoy them, or use or allow the Premises to be used for any unlawful or objectionable purpose. Tenant shall not cause, maintain or permit anything.to be done in or about the Premises nor bring or keep anythxxx xxxxxxn that will in any way increase the existing rate or affect any fire or other insurance upon the Building or any of its contents, or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents, nor shall Tenant sell or permit to be kept,. used, or sold in or about said Premises any articles that may be prohibited by a standard form policy of fire insurance. Tenant shall not use or keep in the Premises or the Building any kerosene, gasoline, or any inflammable combustible or explosive fluid, chemical, or substance, or use any method of heating or air conditioning other than that supplied by Landlord. Tenant shall bear any increased insurance costs resulting from a breach of this covenant and shall upon written demand from Landlord cease any activity prohibited hereunder.
(d) Tenant shall not place anything or allow anything to be placed near the glass of any window, door, partition, or wall that may appear unsightly from outside the Premises. No awnings or other projection shall be attached to the outside walls of the Building without the prior written consent of the Landlord. No curtains, blinds, shades, or screens shall be attached to or hung in, or used in connection with any window or door of the Premises without the prior written consent of Landlord.
(e) Tenant shall not use, keep, or permit to be used or kept any food or noxious gas substance in the premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to other occupants of the Building by reason of noise, odors, and vibrations, or interfere in any way with other tenants or those having business therein, nor shall animals or birds be brought in or kept in or about the Premises or the Building. Tenant shall not install make or permit to be made any electrical unseemly or disturbing noises or disturb or interfere with occupants of the neighboring buildings or premises of those having business with them whether by the use of any music instrument, radio, phonograph, unusual noise, or in any other way. Tenant shall not throw anything out of doors or down the passageways.
(f) Tenant shall not disturb, solicit, or canvass any occupant of the Building and shall cooperate to prevent such activity by others.
(g) No vending machine or machines of any description shall be installed, maintained, or operated upon the Premises without the written consent of Landlord.
(h) Tenant shall see that the windows and doors of the Premises are closed and securely locked before leaving the Building. Tenant must observe strict care and caution that all water faucets or other equipment of apparatus are entirely shut off before Tenant or Tenant's employees leave the Building, and that all electricity, gas, or air shall likewise be carefully shut off so as to prevent waste or damage, and for any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience default or annoyance. Except as set forth in Article 1 hereofcarelessness, Tenant will not, and will not permit anyone to, sell shall make good all injuries sustained by other Tenants or traffic in any spirituous liquors, wine, ale occupants of the Building or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 1 contract
Samples: Office Lease (Valuestar Corp)
Use of Premises. Tenant 6.1. That the activity(ies) and/or the line of business of the Lessee, carried out from the Premises shall strictly be as approved and permitted by the Lessor at the time of entering into this Deed. Under no circumstances, except where permitted in writing by the Lessor, shall the Lessee carry out any other activity/line of business and/or deal with products/merchandise/items and/or provide services/facilities/ amenities etc which is/are different from what is specifically permitted by the Lessor provided always that the Lessee shall not use allow the premises Premises to be used as a place of residence or sleeping or accommodation for any person.
6.2. That the Lessee shall not carry on or permit to be carried on in the Premises or in any part thereofthereof any activities which shall be or are likely to be unlawful, obnoxious or permit of nuisance, annoyance or disturbance to other Lessees/occupants of the premises Building wherein the Premises are situated or store any goods of hazardous or combustible nature or which are heavy enough to affect the construction or structure of the Building or any part thereof to be used, or in any manner interfere with its common use. It is also agreed that the use and occupation of the Premises for any a purpose other than the use hereinabove specifically mentionedafore-stated purpose shall render this Deed terminable with immediate effect and the Lessee is liable for the consequences as stated in the “Termination Clause No. 3" of this Deed.
6.3. That the Lessee shall not, subject, however, to all during the covenants, agreements, terms, provisions and conditions continuance of this Lease. Those portions, if anyassign, sub-let, mortgage, grant any license whatsoever under any title such as management or investment contract or otherwise deal with or dispose of the premises which on Premises or may part thereof to any other party/person.
6.4. That the plan(s) attached hereto are shown as toilets and utility areas Lessee shall be used by Tenant only for not place or display any merchandise or advertising material of any nature whatsoever outside the purposes for which they are designedPremises or in any part of the Common Area without the prior approval in writing of the Lessor.
6.5. Tenant will not at any time use That the Lessee shall ensure that no security or other personnel or member of its staff stand outside the Premises or loiter around or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation common areas of the certificate building for any purpose whatsoever.
6.6. The Lessee undertakes to comply with all laws, by-laws, statutes, rules and regulations including norms of occupancy (temporary or final) issued for NKDA in relation to operation of its own business from the Building and/or the premisesPremises and not otherwise. Tenant Lessee shall not xxx sub-let, use the Premises or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions portion of this Lease or the Premises for any unlawful purposes or other purpose other than office use.
6.7. Lessee shall arrange required telecom/ optical fibre connectivity for telephone & broadband services from telecom service providers in any unlawful manner and Tenant the Premises. The work of, telecom & broadband wiring, Wi-Fi etc in the Premises shall not suffer or permit the premises or any part thereof to be used in any manner or anything to also be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitXxxxxx.
Appears in 1 contract
Samples: Lease Deed
Use of Premises. The Tenant shall not use not, except with the premises or any part thereofprior consent of the Landlord, use, or suffer or permit the use of, the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subjectprovided, however, anything in this Lease to all the covenantscontrary notwithstanding, agreements, terms, provisions and conditions of this Lease. Those that the portions, if any, of the premises which on the plan(s) attached hereto are shown identified as toilets and or utility areas shall be used by the Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy designed and the portions, if any, of the premises or any part thereof, or permit the premises or any part thereof to which are identified as storage areas shall be used or occupied, in violation of the certificate of occupancy (temporary or final) issued only for the Building and/or the premisesstorage purposes. The Tenant shall not xxx use, or suffer or permit the use of of, the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease manner or for any unlawful purposes purpose or in any unlawful manner and Tenant shall not suffer do, bring or permit the premises or any part thereof to be used in any manner or anything to be done therein keep anything, or suffer or permit anything to be done, brought into or kept kept, therein (including, but not limited to, the installation or operation of any electrical, electronic or other equipment) (i) which would violate any covenant, agreement, term, provision or condition of this Lease or is unlawful or in contravention of the Certificate of Occupancy for the Building, or (ii) which in the premises which, in the reasonable judgment of Landlord, shall the Landlord may in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or materially interfere with any of the Building services or the proper and economic heating, cleaningair conditioning, air conditioning cleaning or other servicing of the Building or the premises, premises or impair or interfere with or tend to materially impair or interfere with the use of any of the other areas of the Building by, or occasion material discomfort, inconvenience or annoyance to, any of the other tenants of the Building or occupants materially impair the appearance of the Building. ; nor shall the Tenant shall not install use, or suffer or permit the use of, the premises or any electrical part thereof in any manner, or other equipment of any kind do, or suffer or permit the doing of, anything therein or in connection with the Tenant's business or advertising which, in the reasonable judgment of the Landlord, might cause may be prejudicial to the business of the Landlord or the reputation of the Landlord or the Building or reflect unfavorably on the Landlord or the Building or confuse or mislead the public as to any connection or relationship between the Landlord and the Tenant.
(a) manufacturing of any kind, (b) the business of a commercial bank, a savings bank, a savings and loan association, a building and loan association, a trust company or any other business which, under the banking laws of the United States of America or the State of New York, may be carried on only by persons, firms or corporations authorized so to do under the provisions of such impairmentlaws, interference(c) the business of a dealer or broker in, discomfortor underwriter of, inconvenience stocks, bonds or annoyance. Except as set forth in Article 1 hereofother securities of any kind whatsoever, Tenant will not, and will not permit anyone to, sell (d) or traffic in (e) an auction of any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premiseskind. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's any business or other activity carried on it in the premises, Tenantand if the failure to secure such license or permit would, at Tenant's expensein any way, affect the Landlord, the Tenant shall duly procure and thereafter maintain such license or permit and permit, submit the same to inspection by the Landlord. Tenant, at Tenant's expense, shall, at all times, and comply with the terms and conditions thereof. The Tenant hereby covenants and agrees that, except to designate the Tenant's business address (and then only in a conventional manner and without emphasis or display), the Tenant will not use the name "Time & Life Building" or any simulation or abbreviation of each license such name for any purpose whatsoever. The Tenant will discontinue using such name and any simulation or permitabbreviation thereof for the purpose of designating the Tenant's business address, within 30 days after the Landlord or Time, Incorporated, one of the tenants in the Building, shall notify the Tenant that the Building is no longer known by such name. The Tenant expressly acknowledges that its covenants made in this paragraph are made for the benefit of said Time, Incorporated, as well as for the benefit of the Landlord, and may be enforced by said Time, Incorporated, as well as by the Landlord.
Appears in 1 contract
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only for the purposes for which they are designedgeneral office purposes. Tenant will The Premises shall not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used illegal purposes, nor in any manner to create any nuisance or anything trespass, nor in any manner to be done therein vitiate the insurance or suffer or permit anything to be brought into or kept in increase the premises whichrate of insurance on the Premises. Tenant shall, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance its use and maintenance of the Building as a first-class office buildingPremises, impair or interfere comply with or tend all laws, ordinances, codes, covenants and restrictions applicable to impair or interfere with any of the Building services or the proper Property, and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install perform any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises act or carry on any manufacturing practice which may injure the Premises, or any other part of the Building, or cause any offensive odors or loud noise or constitute a nuisance or a menace to any other tenant or tenants or other persons in the premisesBuilding or on the Property. If Except for latent defects and matters covered by Landlord's one year construction warranty, and except to the extent that Landlord has agreed to perform any governmental license or permit "Landlord's Work," as shown on Exhibit D, TENANT IS LEASING THE PREMISES FROM LANDLORD IN THEIR CURRENT "AS IS" CONDITION, WITHOUT REPRESENTATION OR WARRANTY BY LANDLORD, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION AS TO THE SUITABILITY OR UTILITY OF THE PREMISES FOR TENANT'S INTENDED USES. TENANT REPRESENTS THAT IT HAS INSPECTED THE PREMISES AND THE COMMON AREAS OF THE PROPERTY, AND HAS FOUND THE SAME ACCEPTABLE FOR THE INTENDED USES. Landlord shall promptly undertake at its expense Landlord's Work. All construction performed by Landlord shall use new, first quality materials and shall be required performed in a good and workmanlike manner. Landlord warrants Landlord's Work for a period of one year from the proper and lawful conduct of Tenant's business or other activity carried Commencement Date. Tenant shall promptly undertake at its expense the work described on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitExhibit E hereto.
Appears in 1 contract
Use of Premises. Tenant and any of its permitted assignees, sublessees or other occupants (collectively "Tenant Parties") shall use the Premises only for the purpose(s) set forth in Item 11 of the Basic Lease Provisions and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. Without limiting the foregoing, Tenant and the Tenant Parties shall not use the premises or any part thereofPremises, or nor permit the premises or any part thereof Premises to be used, for any purpose other than retail purposes nor shall Tenant or the use hereinabove specifically mentioned, subjectTenant Parties permit the Premises to be used by a governmental or quasi-governmental entity or agency (it being understood, however, that Landlord may lease to such an entity or agency if Landlord recaptures all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, or any portion of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedPremises pursuant to Paragraph 16 below). Tenant will shall not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, Premises in violation of law or of the certificate of occupancy (temporary or final) issued for the Building and/or Building, and shall, upon five (5) days written notice from Landlord, discontinue any use of the premisesPremises which is declared by any governmental authority having jurisdiction to be a violation of law or of such certificate of occupancy. Tenant shall comply promptly with any direction of any governmental authority having jurisdiction which shall, by reason of the nature of Tenant's use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to the Premises or with respect to the use or occupancy thereof. Tenant shall not xxx do or permit to be done anything which will invalidate or increase the use cost of any fire, extended coverage or any other insurance policy covering the Building and/or property located therein and shall comply with all rules, orders, regulations and requirements of the premises Pacific Fire Rating Bureau or any part thereof in other organization performing a similar function. Notwithstanding Paragraph 3, Tenant shall promptly upon demand reimburse Landlord, as additional rent, for the full amount of any way which would violate any additional premium charged for such policy by reason of Tenant's failure to comply with the covenants, agreements, terms, provisions and conditions of this Lease or Paragraph, together with interest thereon from date of payment by Landlord to date of reimbursement by Tenant at the rate per annum determined pursuant to Paragraph 37. Such demand for any unlawful purposes or in any unlawful manner and reimbursement shall not be Landlord's exclusive remedy. Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, or about the Premises. Tenant shall not install commit or suffer to be committed any electrical waste in or upon the Premises. Landlord shall not be liable to Tenant for any other equipment occupant's or tenant's failure to conduct itself in accordance with the provisions of this Paragraph 8, and Tenant shall not be released or excused from the performance of any kind which, of its obligations under the Lease in the judgment event of Landlord, might cause any such impairmentfailure. Without limiting any of its other obligations pursuant to this Paragraph 8 or Paragraph 9, interferenceTenant covenants and agrees to comply with all laws, discomfortrules, inconvenience regulations and guidelines now or annoyance. Except hereafter applicable to the Premises ("Applicable Laws"), including by way of example and not limitation Applicable Laws concerning physical disabilities, with respect to: (a) the disposal of water, trash, garbage and other matter (liquid or solid) generated by Tenant, the disposal of which is not otherwise the express obligation of Landlord under this Lease, including, but not limited to, laws, rules, regulations and guidelines with respect to recycling and other forms of reclamation (all of which are herein collectively referred to as set forth in Article 1 hereof"Waste Management Requirements") and (b) on and after the date that Tenant takes possession of the Premises, Tenant will notcomply and cause the Premises to comply (other than for Landlord's initial construction obligation under the Exhibit "B" Work Letter) with the provisions, regulations and will amendments under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101-12213 (hereinafter referred to as "ADA") including but not permit anyone tolimited to all employer-employee obligations. Tenant shall comply with all rules and regulations established by Landlord from time to time to comply with Waste Management Requirements applicable to Landlord (i) as owner of the Premises and (ii) in performing Landlord's obligations under this Lease, sell if any. Tenant's obligations under this Paragraph 8 shall survive the expiration or traffic in any spirituous liquorstermination of this Lease. Tenant shall indemnify, winedefend, ale or beer in or protect and hold Landlord harmless from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct against all liability (including costs, expenses and attorneys' fees) that Landlord may sustain by reason of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions breach of each license or permitits obligations under this Paragraph 8.
Appears in 1 contract
Samples: Lease (Nemus Bioscience, Inc.)
Use of Premises. The Tenant shall occupy the Premises and commence its business operations in the Premises from and after the Commencement Date and shall thereafter throughout the Term and any renewal or extension thereof conduct its business as set out in the Lease Summary hereof continuously, actively and diligently in the whole of the Premises in a reputable and first class manner. The Tenant shall not use the premises Premises or the Common Areas and Facilities nor allow the Common Areas and Facilities to be used for any purpose other than that specified in the Lease Summary, nor in any manner inconsistent with such use and occupation, and the Tenant shall not, at any time during the Term or any renewal thereof, commit or suffer to be committed any waste upon the Premises or the Common Areas and Facilities, nor shall the Tenant use, exercise, carry on, or permit, or suffer to be used, exercised, or carried on, in, or upon the Premises or the Land, or any part thereof, any noxious, noisome, or permit offensive art, trade, business, occupation, or calling, or keep, sell, use, handle, or dispose of any merchandise, goods, or things which are objectionable, or by which the premises Premises or the Land or any part thereof to may be useddamaged or injuriously affected, for any purpose other than the use hereinabove specifically mentionedand no act, subjectmatter, howeveror thing whatsoever shall, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy during the premises Term or any part renewal thereof, be done in or permit upon the premises Premises or the Land or any part thereof which may result in annoyance, nuisance, grievance, damage, or disturbance to be used other tenants or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing occupiers of the Building or to the premisesoccupiers or owners of any other lands or premises or to the holders of any registered easement, right of way, or impair other encumbrance charging the whole or interfere with or tend to impair or interfere with the use of any part of the other areas of the Building by, Land or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. The Tenant shall use its best efforts to prevent anything being done on the Premises or the Land which may result in any premises other than the Premises being picketed or otherwise subjected to industrial action or demonstrations. The Tenant shall forthwith take all action and proceedings reasonably necessary to cause such picketing, industrial action, and demonstrations to cease without delay. The Tenant shall not install place in the Premises any electrical heavy machinery or other equipment of any kind whichwithout first obtaining the consent, in writing, of the judgment Landlord. The Tenant shall immediately advise the Landlord of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notthe presence of, and will not permit anyone toshall do all things necessary to remove, sell any dangerous condition from time to time existing on the Premises, the Building, or traffic in the Land, and arising as a result of the act or omission of the Tenant or any spirituous liquors, wine, ale or beer in or from person for whom the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, TenantTenant is, at Tenant's expenselaw, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitresponsible.
Appears in 1 contract
Samples: Lease Agreement (Service Systems International LTD)
Use of Premises. 11.1 The Premises are leased to Tenant for the sole purpose set forth in Section 1.10 and Tenant shall not use or permit the premises or Premises to be used for any part thereofother purposes without the prior written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Tenant shall not allow occupancy density of use of the Premises which is greater than the average density of the other tenants of the Building. Tenant further covenants and agrees that it shall not use, or permit any person or persons to use, the premises Premises or any part thereof to be used, for any use or purpose other than contrary to the use hereinabove specifically mentionedrules and regulations, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofExhibit D, or permit the premises or any part thereof to be used or occupied, in violation of the certificate laws of occupancy (temporary the United States of America, the State of California, or final) issued the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Building. Landlord shall not be responsible to Tenant for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use nonperformance of any of such rules and regulations by or otherwise with respect to the acts or omissions of any other areas of the Building bytenants, or occasion discomfort, inconvenience or annoyance to, any of the other tenants guests or occupants of the Building.
11.2 Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the real property underlying the Project. Tenant shall not install shall, at its expense, obtain any electrical governmental permits or other equipment approvals required for Tenant's intended use of the Premises except as may be expressly provided in Exhibit B. The obtaining of any kind whichsuch permits or approvals is not a condition to any of Tenant's obligations under this lease. Tenant acknowledges that except as expressly stated in this Lease, in neither Landlord nor Landlord's agent has made any representation or warranty, whether express or implied, as to the judgment Premises, including, without limitation, the suitability of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required Premises for the proper and lawful conduct of Tenant's business or other activity carried on it business. Except as otherwise expressly provided in this Lease and Exhibit B attached hereto, Tenant accepts the premisesPremises in their AS IS condition as of the Commencement Date, Tenant, at with all faults and defects. Tenant has been advised by Landlord to conduct its own investigation of the suitability of the Premises for Tenant's expenseintended use, shall duly procure including, without limitation, a careful inspection of the Premises, a review of all applicable laws and thereafter maintain such license or permit ordinances, and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at inquiries of all times, comply with the terms and conditions of each license or permitapplicable government agencies before executing this Lease.
Appears in 1 contract
Use of Premises. The Premises shall be used and occupied by Tenant solely for general office and data center purposes in accordance with applicable zoning laws and for no other purpose whatsoever. Tenant shall not use the premises or any part thereofPremises, or permit nor suffer the premises or any part thereof Premises to be used, for any unlawful purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises in violation of any valid regulation of any governmental body, or any part thereof to be used in any manner to (i) create any nuisance or anything to be done therein trespass; (ii) annoy or suffer embarrass Landlord; (iii) vitiate any insurance carried by Landlord or permit anything to be brought into on Landlord's behalf; (iv) alter the classification or kept in increase the premises which, in rate of any insurance on the judgment of Landlord, shall in any way impair Building; or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of (v) use the Building or the premisesProperty for or cause any disruptive, harassing or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingoutrageous conduct. Tenant shall not install commit waste, overload the floors or structure of the Building, or take any electrical action that would impair or other equipment alter parking spaces on the Property. Tenant shall not keep within or about the Premises any dangerous, inflammable, toxic or explosive material, nor shall Tenant use the Premises or the Property, nor suffer the Premises to be used, for the manufacture, storage, treatment or disposal of any kind whichhazardous or toxic substance, material or waste as such terms may be defined from time to time under Federal, state or local law, except in such quantities as may be permitted and as is customary for cleaning purposes only. In the event of any such waste, damage or manner of use by Tenant, Tenant shall promptly take such steps as are reasonably necessary to cease and repair the same, failing which the Landlord shall be entitled to take such steps and the Tenant shall pay to the Landlord, within fourteen (14) days, the Landlord's actual, out-of-pocket cost thereof. In addition, if the use or occupancy of the Premises, the conduct of business in the judgment Premises or any act or omission of the Tenant in the Premised or the Property, causes or results in any increase in premiums for the insurance carried from time to time by the Landlord with respect to the Property, the Tenant shall pay to the Landlord within fourteen (14) days the Landlord's cost of any increase in premiums. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not permit any objectionable odors or noises to emanate from the Premises. Tenant hereby agrees to defend, indemnify and hold Landlord and the Property harmless from and against any and all costs, damages, expenses, and liabilities (including reasonable attorneys' fees) arising out of or related to any breach by Tenant of this Section 10. To the best of Landlord's knowledge and belief, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in Property is zoned PDC (Planned Development Commercial) under the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitFairfax County Zoning Ordinance.
Appears in 1 contract
Samples: Deed of Lease (Identix Inc)
Use of Premises. 7.01 Tenant shall occupy and use the Premises during the Term for the purposes set forth in Section 1.01(m) only, and for no other purpose without the prior written consent of Landlord. Tenant agrees that it will not use or permit any person to use the premises Premises or any part thereof for any use or purpose in violation of the laws of the United States, the laws, ordinances or other regulations of the State or municipality in which the Premises are located, or of any other lawful authorities, or any building and use restrictions, now or hereafter affecting the Premises or any part thereof, .
7.02 Tenant will not do or permit any act or thing to be done in or to the premises Premises or the Project which will invalidate or be in conflict with any terms or conditions required to be contained in any property or casualty insurance policy authorized to be issued in the State of Michigan or any part thereof to be used, for term or condition of the Insurance Services Office's (ISO) Commercial Property Insurance and/or Commercial General Liability Insurance Conditions or any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions different or additional terms and conditions of this Lease. Those portions, if any, of the premises which any insurance policy in effect on the plan(s) attached hereto are shown Premises or the Project from time to time (collectively the "Building Insurance"), Nor shall Tenant do nor permit any other act or thing to be done in or to the Premises or the Project which shall or might subject Landlord to any liability or responsibility to any person or for property damage, nor shall Tenant use the Premises or keep anything on or in the Project except as toilets now or hereafter permitted by the fire regulations, the fire department or zoning, health, safety, land use or other regulations. Tenant, at Tenant's sole cost and utility areas expense, shall be used comply with all requirements and recommendations set forth by Tenant only any property or casualty insurer or reinsurer providing coverage for the purposes for which they are designed. Tenant will not at Premises or the Project or by any time use person or occupy the premises entity engaged by Landlord or Manager to perform any part thereofloss control, analysis or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued assessment for the Building and/or Premises or the premisesProject. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept upon the Premises or the Project or bring or keep anything therein or use the Premises or the Project in a manner which increases the premises which, rate of premium for any Building Insurance or any property or equipment located therein over the rate in effect at the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance commencement of the Building as a first-class office buildingTerm of this Lease. In addition, impair Tenant agrees to pay Landlord the amount of any increase in premiums for insurance which may be charged during the term of this Lease resulting from the act or interfere with omissions of Tenant or tend to impair the character or interfere with any nature of its occupancy or use of the Building services Project or the proper and economic heatingPremises, cleaningwhether or not Landlord has consented to the same. Any scheduled or "make-up" of any insurance rate for the Premises, air conditioning or other servicing of the Building or the premisesProject issued by any insurance company establishing insurance premium rates for the Premises, Building or impair or interfere with or tend to impair or interfere with the use of any Project shall be PRIMA FACIE evidence of the other areas facts therein stated and of the several items and charges in the insurance premium rates then applicable to the Premises, the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingProject. Tenant shall not install give Landlord notice promptly after Tenant learns of any electrical accident, emergency, or occurrence for which Landlord is or may be liable, or any fire or other equipment of any kind whichcasualty or damage or defects to the Premises, in the judgment Building or the Project which Landlord is or may be responsible or which constitutes the property of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, .
7.03 Tenant will not, and will shall not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises perform acts or carry on any manufacturing activities or engage in any practices which may injure the Premises or any portion of the Project or which may be a nuisance or menace to other persons on or in the premisesProject. If any governmental license Tenant shall pay all costs, expenses, fines, penalties, or permit shall damages which may be required for the proper and lawful conduct imposed upon Landlord by reason of Tenant's failure to comply with the provisions of this Section.
7.04 Tenant will not place any load upon any floor of the Premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business or other activity carried on it the premises, machines and mechanical equipment. Such items shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's judgment, to absorb and prevent vibration, noise and annoyance. If at any time any windows of the Premises are temporarily or permanently closed, darkened or covered for any reason whatsoever, including Landlord's own acts, Landlord shall duly procure not be liable for any damage Tenant may sustain thereby, and thereafter maintain such license or permit and submit the same shall not be considered a default under this Lease and Tenant shall not be entitled to inspection any compensation therefore nor abatement of any Base Rent or any other sums due hereunder, nor shall the same release Tenant from its obligations hereunder nor constitute an eviction, construction, actual or otherwise.
7.05 During the term hereof, and consistent with janitorial services provided by Landlord, Tenant will keep the Premises in a clean and wholesome condition, will use the same in a careful and proper manner, and generally will comply with all laws, ordinances, orders and regulations affecting the Premises and the cleanliness, safety, occupancy and use thereof. Tenant will not commit waste in or on the Premises, and will use the Premises in accordance with the Rules and Regulations of the Project, as set forth in Exhibit B, attached hereto and made a part hereof.
7.06 As between Landlord and Tenant, at Tenant shall be responsible for any alterations, changes or improvements to the Premises which may be necessary in order for the Premises and Tenant's expense, shall, at all times, comply use thereof to be in compliance with the terms Americans with Disabilities Act of 1990 and conditions its state and local counterparts or equivalents (the "Disabilities Act") during the term of each license this Lease. To the best of Landlord's knowledge, but without any current investigation, the Common Areas currently comply in all material respects with the Disabilities Act (subject, however, to Landlord's right to challenge in court or permitthrough administrative proceedings any regulations or rules implemented with respect to the Disabilities Act).
7.07 For the purposes of this Lease, the term "Hazardous Materials" shall mean, collectively, (i) any biological materials, chemicals, materials, substances or wastes which are now or hereafter become defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous wastes", "restricted hazardous wastes", "toxic substances", "toxic pollutants", or words of similar import, under any applicable Environmental Law (as defined below) and (ii) any petroleum or petroleum products and asbestos in any form that is or could become friable.
Appears in 1 contract
Samples: Lease Agreement (Vastera Inc)
Use of Premises. 15.1 The Leased Premises shall be used solely for the purpose of general business office use and for no other purpose; provided that such purposes, as aforesaid, shall comply with the terms of this Lease and all applicable laws, by-laws, regulations or other governmental ordinances from time to time in existence and the Tenant shall not use the premises or any part thereof, carry on or permit the premises or any part thereof to be used, for carried on therein any purpose other than trade or business and the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx do or omit or permit to be done or omitted upon the Leased Premises anything which shall cause the rate of insurance upon the Building to be increased and if the rate of insurance on the Building shall be increased by reason of the use made of the Leased Premises or by reason of anything done or omitted or permitted to be done or omitted by the Tenant or anyone permitted by the Tenant to be upon the Leased Premises, the Tenant shall on demand pay to the Landlord the amount of such increase. The Landlord confirms that the use of the premises Leased Premises for general office purposes is not prohibited by the applicable municipal by-law at this time.
15.2 Without diminishing the restrictions in Paragraph 15.1 above, the Leased Premises shall not be used for the carrying on of any barter, trade or exchange of goods, or sale through promotional give-away gimmicks or any part thereof in any way which would violate any business involving the sale of the covenantssecond-hand goods, agreementsinsurance salvage stock or fire sale stock, terms, provisions and conditions of this Lease or shall not be used for any unlawful purposes auction or in pawnshop business, any unlawful manner and Tenant shall not suffer or permit the premises fire sale, liquidation sale, bankruptcy sale, going-out-of-business sale, moving sale, bulk sale or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises other business which, in the judgment because of Landlordmerchandising methods or otherwise, shall in any way impair or would tend to impair lower the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any character of the Building services or Building.
15.3 Any use of the proper and economic heating, cleaning, air conditioning or other servicing Leased Premises not in accordance with the design standards of the Building or the premises, or impair or interfere with or tend to impair or interfere any arrangement of partitions which interferes with the use of any normal operation of the other areas of climate control system for the Building by, may require changes or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, alterations in the judgment of system or the ducts. Any changes or alterations so required after the Commencement Date, if such changes can be accommodated by the Landlord's equipment, shall be made by the Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from at the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain only after such license changes or permit and submit alterations have received the same to inspection Landlord's prior written consent. If installation of partitions, equipment or fixtures by Landlord. Tenantor on behalf of the Tenant after the Commencement Date necessitates the rebalancing of any climate control equipment serving the Leased Premises, such work will be performed by the Landlord at the Tenant's expense. To the cost of any work performed by the Landlord on the Tenant's behalf shall be added an amount equal to fifteen percent (15%) of the total expense thereof, shallrepresenting the Landlord's overhead and administrative costs, at and all times, comply with amounts owing shall be payable by the terms and conditions of each license or permitTenant upon demand.
Appears in 1 contract
Use of Premises. The Tenant agrees to comply with the following rules and regulations and with such reasonable modifications thereof and additions thereto as the Landlord may hereafter from time to time make for the Building. The Landlord shall not be responsible for the non-observance by any other tenant of any said rules and regulations:
(a) The Tenant shall not exhibit, sell or offer for sale on the Premises or in the Building any article or thing except those articles and things essentially connected with the stated use of the premises or any part thereof, Premises by the Tenant without the advance consent of the Landlord.
(b) The Tenant will not make or permit to be made any use of the premises Premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease lease or for which directly or indirectly is forbidden by public law, ordinance or governmental regulation or which may be dangerous to life, limb, or property, or which may invalidate or increase the premium cost of any unlawful purposes policy of insurance carried on the Building or in any unlawful manner and Tenant shall not covering its operation, or which will suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building Property as a first-class high quality office building, impair or interfere with or tend to which will impair or interfere with any of the services performed by Landlord for the Property.
(c) The Tenant shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building services any sign, notice, legend, direction, figure or advertisement, except on the proper doors of the Premises and economic heatingon the Directory Board, cleaningand then only such name(s) and matter, air conditioning and in such color, size, style, place and materials, as shall first have been approved by the Landlord.
(d) The Tenant shall not advertise the business, profession or other servicing activities of the Tenant conducted in the Building in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such business, profession or activities, and shall not use the name of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of for any purposes other than that of the other areas business address of the Tenant, and shall never use any picture or likeness of the Building byin any circulars, notices, advertisements or correspondence without the Landlord's consent.
(e) Tenant has permission to install card/keycode access/security system at Tenants expense. Landlord will be provided with card/code/security code to be used in emergency situation only. No additional locks or similar devices shall be attached to any door or window without Landlord's prior written consent. No keys for any door other than those provided by the Landlord shall be made. If more than two keys for one lock are desired, the Landlord will provide the same upon payment by the Tenant. All keys must be returned to the Landlord at the expiration or termination of this lease.
(f) The Tenant shall not make any alterations, improvements or additions to the Premises other than those set forth in paragraph 11.(o) including, but not limited to, wall coverings, floor coverings and special lighting installations, without the Landlord's advance written consent in each and every instance. In the event Tenant desires to make any future alterations, improvements or additions, Tenant shall first submit to Landlord plans and specifications therefor and obtain Landlord's written approval thereof prior to commencing any such work.
(g) All persons entering or leaving the Building after hours on Monday through Friday or at any time on Saturdays, Sundays or holidays, may be required to do so under such regulations as the Landlord may impose. The Landlord may exclude or expel any peddler.
(h) The Tenant shall not overload any floor. The Landlord may direct the time and manner of delivery, routing and removal, and the location of safes and other heavy articles.
(i) Unless the Landlord gives advance written consent, the Tenant shall not install or operate any steam or internal combustion engine, boiler, machinery, refrigerating or heating device in or about the Premises, or occasion discomfortcarry on any mechanical business therein, inconvenience or annoyance touse the Premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein, or use any illumination other than electric light, or use or permit to be brought into the Building any flammable fluids such as gasoline, kerosene, naphtha, and benzine, or any explosives, radioactive materials or other articles deemed extra hazardous to life, limb or property except in a manner which would not violate any laws, rules, regulations and ordinances existing or hereinafter enacted by any governmental authority having jurisdiction over the Building, the Premises, Landlord or Tenant, applicable to Tenant and Tenant's use of the Building and Premises. The Tenant shall not use the Premises for any illegal or immoral purpose.
(j) The Tenant shall cooperate fully with the Landlord to assure the effective operation of the Building's air conditioning system, including the closing of venetian blinds and drapes, and if windows are operable to keep them closed when the air conditioning system is in use.
(k) The Tenant shall not contract for any work or service which might involve the employment of labor incompatible with the Building employees or employees of contractors doing work or performing services by or on behalf of the Landlord.
(l) The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by the Tenant or used for any purpose other than for ingress to and egress from its Premises. Landlord shall retain the right to control and prevent access thereto by all persons whose presence, in the judgment of the Landlord, shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to prevent such access to the persons with whom the Tenant normally deals in the ordinary course of Tenant's business unless such persons are engaged in illegal activities. No tenant and no employees or invitees of any tenant shall go upon the roof or in the mechanical rooms of the Building without the Landlords permission.
(m) Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to the Landlord or other occupants of the building by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building.
(n) Tenant shall see that the doors, and windows, if operable, of the Premises are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus are entirely shut off before Tenant or Tenant's employees leave the Building, and that all electricity shall likewise be carefully shut off so as to prevent waste or damage, and for any default or carelessness Tenant shall make good all injuries or losses sustained by other tenants or occupants of the BuildingBuilding or Landlord.
(o) It is understood that the Tenant will use the premises for the colocation and operation of customers telecommunications and internet related equipment. Tenant shall not install any is hereby authorized to add supplemental air conditioning equipment/systems, additional electrical or other equipment switchgear/systems consisting of any kind whicha 400 amp 277/480 volt electrical feed from the building main electrical service into the Tenants suite, double detection pre-action fire suppression system fed from the existing building system, standby generator and Automatic Transfer Switch in the judgment of Landlordmutually agreed upon location, might cause any such impairmentDC power plant equipment/system and batteries along with racks, interferencecabinets, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notcages, and will not permit anyone tocabling, sell or traffic in any spirituous liquors, wine, ale or beer in or from all as necessary for the premises or carry on any manufacturing in the premisesoperation of their business. If any governmental license or permit All work shall be done at Tenants expense and performed by only licensed contractors under such permits required for the proper work. All work proposed by Tenant shall first be determined to not reduce the capacity of the base building electrical and lawful conduct fire suppression systems to an extent that would prevent the Landlord from providing service to any portion of the building. Any modification or upgrade necessary to the base building systems as a result of Tenant's business proposed work shall be a Tenant's sole cost. In all cases, Tenant shall retain all ownership rights to the above equipment/systems. Tenant shall, at its option, either leave all equipment in place at the end of the lease or other activity carried on remove it and restore the premises, Tenant, premises at Tenant's expense. In addition to all other liabilities for breach of any covenant of this Section, the Tenant shall duly procure and thereafter maintain pay to the Landlord an amount equal to any increase in insurance premiums payable by the Landlord or any other tenant in the Building, caused by such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitbreach.
Appears in 1 contract
Samples: Lease Agreement (Access Integrated Technologies Inc)
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises or any part thereof to be used or occupied, Premises in violation of the certificate of occupancy any law, statute, ordinance or any governmental rule, regulation or order (temporary collectively, “Law” or final“Laws”) issued for the Building and/or the premises. and Tenant shall not xxx or permit the shall, upon written notice from Landlord, discontinue any use of the premises or Premises which is declared by any part thereof in governmental authority to be a violation of Law. If any way which would violate any Law shall, by reason of the covenants, agreements, terms, provisions and conditions nature of this Lease Tenant’s use or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance occupancy of the Building as a first-class office buildingPremises for other than the permitted use hereunder, impair impose any duty upon Tenant or interfere Landlord with respect to (i) modification or tend to impair or interfere with any other maintenance of the Building services or the proper and economic heatingPremises, cleaning, air conditioning or other servicing of the Building or the premisesProject, or impair (ii) the use, Alteration or interfere occupancy thereof, Tenant shall, after notice and a right to contest the same, comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or tend the Project for the benefit of parties who have entered into a Non- Disturbance Agreement (as defined below) with Tenant as contemplated under Paragraph 16 hereof, and all covenants, conditions and restrictions of record against title and affecting the Premises, the Building or the Project.
(c) [Intentionally Omitted].
(d) Tenant shall not do or permit to impair be done anything which may invalidate or increase the cost of any fire, All Risk, Causes of Loss - Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the appropriate fire codes and ordinances or any other organization performing a similar function. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant shall not in any way interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises, the Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project due to the actions of Tenant, its employees, or its invitees. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not install create within the Premises a working environment with a density of greater than the lesser of (i) five (5) persons per 1,000 square feet of Rentable Area, or (ii) the maximum density permitted by Law. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall not commit or suffer to be committed any electrical waste in, on, upon or about the Premises, the Building or the Project. Without limiting the foregoing, Tenant agrees that the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of marijuana, cannabis, cannabis derivatives, or any cannabis containing substances (“Cannabis”), or any office uses related to the same, nor shall Tenant knowingly permit, allow or suffer, any of Tenant’s officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and invitees to bring onto the Premises, any Cannabis. Without limiting the foregoing, the prohibitions in this paragraph shall apply to all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both. Notwithstanding anything to the contrary, any failure by Tenant to comply with each of the terms, covenants, conditions and provisions of this paragraph applicable to Cannabis shall automatically and without the requirement of any notice be a Default that is not subject to cure, and Tenant agrees that upon the occurrence of any such Default, Landlord may elect, in its sole discretion, to exercise all of its rights and remedies under this Lease, at law or in equity with respect to such Default. Furthermore Tenant is prohibited from engaging or permitting others to engage in any activity which would be a violation of any state and/or federal laws relating to the use, sale, possession, cultivation and/or distribution of any controlled substances (whether for commercial or personal purposes) regulated under any applicable law or other applicable law relating to the medicinal use and/or distribution of Cannabis.
(f) Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week except and to the extent the same may be affected by Force Majeure and de minimus interruptions due to the exercise of Landlord’s rights and obligations under this Lease. Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and other hazards, and shall keep and maintain any and all security devices in or on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and smoke detectors and burglar alarms located within the Premises and shall cooperate with Landlord and other tenants in the Project with respect to access control and other safety matters. Access control to the Building during other than normal Business Hours shall be provided by way of a card key system or similar system reasonably acceptable to Tenant and Landlord. Landlord hereby consents to the installation by Tenant of its standard key card security system for access to the Premises, including in the Building stairwells and elevators serving the Premises, utilizing Tenant’s security installation vendor, California Commercial Security, 0000 Xxxxxxxxxx Xxxxx, Xxx Xxxxx, XX 00000, for such installation, provided, that, installation thereof in the Building elevators shall be under the direct supervision of Landlord in conjunction with its construction of the Tenant Improvements pursuant the Work Letter attached hereto as Exhibit B. Such security system shall permit Tenant to restrict access from the Building elevator(s) to Tenant’s Premises and shall include internal security equipment such as cameras, motion sensors, and similar technology. Landlord agrees to reasonably cooperate with Tenant and Tenant’s vendor in connection with such installation, including providing any cut sheets on the Building security systems available to Landlord to aid Tenant and its vendor in installing Tenant’s security system and equipment. Landlord shall also permit Tenant and its vendor to tie into the Building’s lobby access card entry system, such that Tenant’s employees will be able to use one access card to enter the Building lobby and to access Tenant’s Premises on an after-hours basis. All costs of such installation, and the removal thereof upon Tenant’s vacation of the Premises, shall be Tenant’s responsibility. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Subject to the foregoing as to Tenant’s security system requirements for the Premises, Landlord shall be the sole determinant of the type and amount of any kind whichaccess control or courtesy guard services to be provided to the Project, if any. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of theft or causing personal injury or damage in, on or around the judgment of LandlordProject. IN ALL EVENTS, might cause any EXCEPT TO THE EXTENT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, LANDLORD SHALL NOT BE LIABLE TO TENANT, AND TENANT HEREBY WAIVES ANY CLAIM AGAINST LANDLORD, FOR (I) ANY UNAUTHORIZED OR CRIMINAL ENTRY OF THIRD PARTIES INTO THE PREMISES, THE BUILDING OR THE PROJECT, (II) ANY INJURY OR DEATH TO PERSONS RESULTING FROM ANY UNAUTHORIZED OR CRIMINAL ACTS OF THIRD PARTIES, OR (III) ANY LOSS OF PROPERTY IN AND ABOUT THE PREMISES, THE BUILDING OR THE PROJECT, BY OR FROM ANY UNAUTHORIZED OR CRIMINAL ACTS OF THIRD PARTIES, REGARDLESS OF ANY ACTION, INACTION, FAILURE, BREAKDOWN, MALFUNCTION AND/OR INSUFFICIENCY OF THE ACCESS CONTROL OR COURTESY GUARD SERVICES PROVIDED BY LANDLORD, IF ANY. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT. Tenant shall have the right to provide such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notsupplemental security services and equipment, and will not permit anyone toto install within the Premises such supplemental security equipment and systems, sell or traffic in any spirituous liquorsand institute such security procedures, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall as it may deem to be reasonably be required for the proper protection of its employees and lawful conduct of Tenant's business or other activity carried on it the premisesinvitees, Tenant, at Tenant's expense, provided that Tenant shall duly procure coordinate such services and thereafter maintain such license or permit and submit the same to inspection equipment with any security provided by Landlord. The determination of the extent to which such supplemental security equipment, systems and procedures are reasonably required shall be made in the sole judgment, and shall be the sole responsibility, of Tenant. Tenant acknowledges that it has neither received nor relied upon any representation or warranty made by or on behalf of Landlord with respect to the safety or security of the Premises or the Project or any part thereof or the extent or effectiveness of any security measures or procedures now or hereafter provided by Landlord, at Tenant's expenseand further acknowledges that Tenant has made its own independent determinations with respect to all such matters.
(g) As used herein, shallthe term “Hazardous Material” means any (a) oil or any other petroleum-based substance, at flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the Project or to persons on or about the Project or (ii) cause the Project to be in violation of any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 X.X.X. §0000, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. §1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. §300, et seq.; the Toxic Substances Control Act, as amended, 15 U.S.C. §2601, et seq.; the Federal Hazardous Substances Control Act, as amended, 15 U.S.C. §1261, et seq.; and the Occupational Safety and Health Act, as amended, 29 U.S.C. §651, et seq.; Sections 25115, 25117, 25122.7, 25140, 25249.8, 25281, 25316, 25501, and 25316 of the California Health and Safety Code; (d) other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Project or the owners and/or occupants of property adjacent to or surrounding the Project, or any other Person coming upon the Project or adjacent property; and (e) other chemicals, materials or substances which may or could pose a hazard to the environment. The term “Permitted Hazardous Materials” shall mean Hazardous Materials which are contained in ordinary office supplies of a type and in quantities typically used in the ordinary course of business within executive offices of similar size in the comparable office buildings, but only if and to the extent that such supplies are transported, stored and used in full compliance with all timesapplicable laws, comply ordinances, orders, rules and regulations and otherwise in a safe and prudent manner. Hazardous Materials which are contained in ordinary office supplies but which are transported, stored and used in a manner which is not in full compliance with all applicable laws, ordinances, orders, rules and regulations or which is not in any respect safe and prudent shall not be deemed to be “Permitted Hazardous Materials” for the terms and conditions purposes of each license or permitthis Lease.
Appears in 1 contract
Use of Premises. Tenant 3.1. Under the pilot program, Lessee is granted the right during the Lease Term to occupy and use the Premises for a community garden to be operated and maintained in accordance with the terms of this Lease and the Tempe Community Garden Lease Agreement Standards as stated in Section 3 herein, and for no other purposes; provided that Lessee shall, at its sole cost and expense, procure any and all necessary permits, certificates, licenses, and other authorizations required for said purposes.
3.2. Lessee hereby covenants and agrees that it shall not use or occupy the premises Premises or permit the Premises to be used contrary to any law, statute, ordinance, or regulation applicable thereto; nor permit, create, or tolerate any public or private nuisance upon said Premises.
3.3. Lessee shall not use or permit others to use the Premises for any purposes other than as expressly stated herein.
3.4. Lessee and all others who may use the Premises pursuant to this Lease shall use the Premises only in accordance with the uses specified by this Lease, and shall not discriminate upon the basis of race, color, creed, religion, ancestry, national origin, sex, gender, disability, age, marital status or status with regard to public assistance in the use or occupancy of the Premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease.
3.5. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit In the use of the premises Premises the Lessee shall not, nor cause to be, nor allow any other person to deposit, store, dispose of, place or otherwise locate or allow to be located on or within the Premises, any part thereof in hazardous substances, as defined herein, including as the term is defined and/or regulated under any way which would violate federal, state or local statute, ordinance, code or regulation. In the event any such substances are found on or within the Premises, the Lessee will be solely responsible for any and all liabilities from such substances on, under or within the Premises, including the removal and/or remediation of such substances. Lessee hereby agrees to fully indemnify the Lessor for any and all violations of this provision to the full extent of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with law.
3.6. In the use of any of the other areas of Premises the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant Lessee shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms following Community Garden Lease Agreement Standards:
3.6.1. Lessee may place accessory buildings on the Premises subject to City’s prior written approval, for the storage of tools, equipment and conditions garden supplies only, as permitted by the City’s Building Code and Zoning Code.
3.6.2. Lessee may only place improvements and fixtures, including signage and fencing (which shall be no less than four feet (4’) in height), water meter(s), lighting, benches, and the like, on the Premises pursuant to a Development Plan Review previously submitted to and approved by Lessor.
3.6.3. Lessee shall provide soil test results to City for the Premises, thirty (30) days prior to the start of each license or permitthe Lease Term.
3.6.4. Lessee shall provide raised bed gardens with at least twelve (12) to eighteen
Appears in 1 contract
Samples: Lease Agreement
Use of Premises. Tenant will use the Premises for general office use, data center, training, storage, R&D Labs, test kitchen, model store, pilot plant, roaster and other related purposes and for no other purposes without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant shall comply with all statutes, rules, ordinances, orders, codes and regulations which are applicable to Tenant's use and manner of use of the Premises, provided that Tenant shall not be responsible to make any structural repairs, improvements, replacement or alterations to the Premises, the Building and/or the Project in order to comply with requirements of this Section 7 unless caused by a change in Tenant's use of the Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof Premises to be used in any manner which would increase the existing rate of insurance on the Building or anything cause the cancellation of any insurance policy covering the Building, nor shall Tenant permit to be done therein kept, used or suffer sold anywhere in or permit anything about the Premises or the Building any equipment, machinery, apparatus or device which may be prohibited by the provisions of the standard form fire insurance policies in use in the State of Washington, unless Tenant, at its sole expense, obtains an endorsement to the policy allowing such activity. Tenant, shall not during the term of this Lease, (a) commit or allow to be brought into committed any waste upon the Premises, or kept any public or private nuisance or other act or thing which materially disturbs the quiet enjoyment of any other tenant in the premises whichBuilding, in (b) allow any sale by auction upon the judgment of LandlordPremises, shall in (c) place any way impair loads upon the floor, walls, or tend to impair the character, reputation or appearance ceiling of the Building as a first-class office buildingPremises which endanger the Building, impair or interfere with or tend to impair or interfere with (d) use any of machinery which will adversely affect the Building services or the proper and economic heating, cleaning, air conditioning or other servicing structure of the Building or any Building system, (e) place any harmful liquids in the premises, drainage system or impair in the soils surrounding the Building or (f) unreasonably interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind whichnot, in without the judgment prior written consent of Landlord, might use any apparatus, machinery, equipment or device in or about the Premises which will cause any such impairment, interference, discomfort, inconvenience substantial noise or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premisesvibration. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business office machines and equipment should disturb the quiet enjoyment of any other tenant in the Building, then Tenant shall provide adequate insulation, or take such other activity carried on it action as may be necessary to eliminate the premisesdisturbance, Tenant, all at Tenant's sole cost and expense, . Tenant shall duly procure and thereafter maintain such license not cause or permit and submit any waste material or refuse to be dumped upon or remain upon any part of the same Building or the Property outside the Premises, except in designated receptacles, nor shall Tenant cause or allow any materials, supplies, equipment, finished products or semi-finished products or articles of any nature to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with be stored upon or remain upon the terms and conditions of each license Building or permitthe Property outside the Premises.
Appears in 1 contract
Samples: Lease (Starbucks Corp)
Use of Premises. Tenant A. Lessee may use the assets for any lawful purpose, including, without limitation, restaurant operations, hotel operations, retail sales operations, entertainment, an arcade, parking, casino operations as contemplated by the Gaming Act (the Gaming Act and all amendments and gaming regulations now existing or hereafter adopted, and all gaming related laws of the City of Cripple Creek and the county of Teller, are sometimes collectively referred to in this Lease as the “Gaming Laws”), and for any other ancillary or related use as may be permitted by Law. Lessor shall have no control over or power to influence decisions concerning operation of the Assets.
X. Xxxxxx agrees to cooperate as reasonably required by Lessee in obtaining and maintaining such licenses for the Assets as Lessee shall require and shall, in particular, execute any and all documents necessary to obtain such licenses. Lessor shall not use cause any such licenses to be denied, revoked, not renewed, or suspended, whether through actions of Lessor prior to the premises issuance of such licenses or thereafter during the Lease Term.
X. Xxxxxx further agrees that from and after the date the Parties execute this Lease, Lessor shall not grant or convey any easement, lease, encumbrance, license, permit, or any part thereofother legal or beneficial interest in or to the Assets without the prior, written consent of Lessee, nor shall Lessor violate, or permit allow the premises violation of, any law, ordinance, rule or any part thereof regulation affecting the Assets. Lessor shall do or cause to be useddone all things reasonably within Lessor’s control to preserve intact and unimpaired any and all rights of way, for easements, grants, appurtenances. privileges, and licenses in favor at or constituting any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, portion of the premises Assets.
D. Subject to the provisions of Section 3.D. hereof, Lessee shall, at its own expense, keep the Assets in good repair and tenantable condition and shall indemnity Lessor against any loss, damage or expense arising by reason of any failure of Lessee so to keep the Assets or due to any act or neglect of Lessee, its agents, employees, contractors, invitees, licensees, tenants or assignees. Lessee shall make no structural modifications to the Gold Rush or Gold Digger’s without Lessor’s consent, which consent shall not be unreasonably withheld, provided that Lessee shall not be required to obtain Lessor’s consent to structural modifications mandated by the Codes in effect on the plan(s) attached hereto are shown Commencement Date or as toilets they may be from time to time adopted.
E. Subject to the provisions of Sections 2.B. and utility areas 3.D. hereof, Lessee’s taking of possession of the Assets shall be used by Tenant only conclusive evidence that Lessee (i) accepts the Assets as suitable for the purposes for which they the same are designedleased, and (ii) accepts the Assets and all related improvements and appurtenances and each and every part thereof as being in satisfactory condition. Tenant will Subject to the provisions of Section 3.D. hereof, Lessor shall not at any time use be liable, except in the event of gross negligence or occupy the premises willful misconduct, to Lessee or any part thereofof Lessee’s agents, employees, licensees, servants, or permit invitees for any injury or damage to person or property due to the premises condition or design of any part thereof defect in the Assets or related improvements or their mechanical systems and equipment which may exist or occur, and Lessee, with respect to be used itself and its agents, employees, licensees, servants, and invitees shall expressly assume all risks of injury or occupieddamage to person or property, in violation either proximate or remote, by reason of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use condition of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Assets.
F. Except as set forth in Article 1 hereofotherwise provided herein, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, Lessee shall, at all timesits own expense, comply with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency thereof which apply to or result from Lessee’s use or occupancy of the terms and conditions of each license or permitAssets.
Appears in 1 contract
Samples: Lease (Southwest Casino Corp)
Use of Premises. Tenant shall not Xxxxxx agrees to use the premises or solely as a private residence for lessee and the persons designated as residents and named in paragraph 2 of this lease. If any part thereofperson resides at the premises other than those so designated as residents for more than five consecutive days in any one month without lessor's written consent, lessor shall have the option of pursuing any remedies allowed by law, including terminating the lease, or permit increasing the monthly rent in the amount of $200 for each such person. The total number of persons occupying the premises shall not exceed two per bedroom. Lessee agrees that no business activities or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas child care services shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer operated in or from the premises or carry in any common area (except that any lawful home business conducted by telecommunications, mail or computer is permitted so long as no persons come to the premises for business purposes and no products for distribution to customers are delivered to, stored on or shipped from the premises). Xxxxxx also agrees to use the premises and all common areas in accordance with any manufacturing Policies, Rules and Regulations promulgated by lessor. Lessee agrees that all common and outside areas provided for use with the premises shall be kept free from lessee's property, trash or debris, and that lessee shall not permit toys, bicycles, scooters, skates, grills, furniture and the like to be or remain in such areas; rather, such items shall be stored inside the premises or in such other place as lessor may provide or designate. Xxxxxx agrees to use good judgment and thoughtfulness for others in the use of the premises. If any governmental license Xxxxxx agrees not to commit, suffer, or permit any waste, litter or nuisance in, on, or near the premises. Lessee shall be required for not place or permit anywhere on or about the proper and lawful conduct of Tenant's premises or in any window any sign, light, advertisement or announcement whatsoever, but a business or other activity carried personal card containing lessee's name may be placed on it the premises, Tenant, at Tenant's expense, shall duly procure outside door of the premises and thereafter maintain such license a mailbox assigned to lessee. Xxxxxx agrees not to do or permit any act at or near the premises that may subject lessor to any legal liability or increase the likelihood of fire or injury to any other person or damage to any property. Xxxxxx agrees that lessor reserves the right to control and submit regulate the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at use of all times, comply with the terms and conditions of each license or permitcommon areas.
Appears in 1 contract
Samples: Residential Lease Agreement
Use of Premises. (a) The Premises shall be used and occupied by Tenant shall during the entire Term hereof, subject to the conditions herein contained for a convenience retail store selling gourmet ice cream, prepared food for take-out, soft drinks, general groceries, beer and wind, baked goods, snacks such as chips and pretzels, paper products, tobacco products, pet supplies, health and beauty aids, packaged ice cream, and us of lottery machine.
(b) Tenant agrees that it will not use, or permit or suffer the use of the premises Premises, or any part thereof, for any other business or purpose.
(c) Tenant further agrees that in the use and occupation of the Premises and in the prosecution or conduct of its business therein, Tenant shall comply with all requirements of all laws, ordinances, orders and regulations of the federal, state, county and municipal authorities now in force, or which hereinafter may be in force, and with any direction or certificate of occupancy issued pursuant to any law by any public officer or officers. Tenant further covenants and agrees that it will comply with and abide by all protective covenants, restrictions, and other recorded documents pertaining to the Shopping Center and the Premises, and the Tenant's use of the Premises is limited by all such protective covenants, restrictions, and other recorded documents Tenant covenants and agrees that it shall not use or permit to be used any part of the Premises for any dangerous, noxious or offensive trade or business and will not cause or maintain any nuisance in, at or on the Premises, and the land upon which it is situated.
(d) Tenant shall use and occupy the Premises in a careful, safe and proper manner and shall keep the Premises in a clean and safe condition in accordance with this Lease and local ordinances and the lawful directions of proper public officers. Tenant shall use and maintain the Premises consistent with reasonable standards of good shopping center operations, and Tenant shall not permit solicitations, demonstrations, itinerant vending or any other activities inconsistent with such standards. Tenant shall not use or permit the premises Premises to be used for any disreputable or immoral purpose or in any way that will injure the reputation of the Shopping Center. Tenant agrees that it will not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, or which will prevent Landlord from procuring such policies in companies acceptable to Landlord or cause cancellation of insurance of Landlord or any other tenant of the Shopping Center; and if anything done, omitted to be done or suffered to be done by the Shopping Center or any part thereof to be used, increased beyond the minimum rate which would be applicable for any purpose other than the least hazardous use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises Premises permitted by law, Tenant shall pay the amount of such increase to Landlord promptly upon Landlord's demand.
(e) Tenant shall not obstruct the Common Areas (hereinafter defined) and shall refrain from committing any act or thing upon the Premises or the Common Areas which on disturbs the plan(squiet enjoyment of any other tenant of the Shopping Center or inhibits or detracts from Landlord's ability to lease other parts of the Shopping Center.
(f) attached hereto are shown as toilets Tenant shall not permit the accumulation of rubbish, trash, garbage and utility other refuse in and around the Premises. Garbage and trash receptacles may be placed only in areas designated by Landlord and Landlord shall have the right to designate and control the type and size of such garbage and trash receptacles that may be used by Tenant.
(g) Tenant shall be required to install an exterior sign on the Premises which conforms to the sign criteria attached hereto as Exhibit "C", and which sign shall be placed only for in such locations as are previously approved in writing by Landlord. Notwithstanding the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofspecifications in Exhibit "C", or permit the premises or any part thereof attached hereto, all signs to be used or occupiedinstalled by Tenant are subject to the prior written approval of Landlord, and plans and specifications for each sign must be submitted to Landlord in violation quadruplicate for each approval. The plans and specifications for Tenant's canopy sign must be submitted within thirty (30) days after execution of this Lease by Tenant. It is understood and agreed that the certificate of occupancy (temporary or final) issued approved canopy sign must be installed and operational prior to Tenant opening to the public for the Building and/or the premisesbusiness. Tenant shall not xxx place, erect or permit maintain, or suffer to be placed, erected or maintained on the use doors or on any exterior surface of the premises or any part thereof in any way which would violate any of the covenantsPremises, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner vestibule, or anywhere in the Shopping Center outside of the Premises, nor in any area inside the Premises which can be seen from the outside of the Premises, any sign, lettering, decoration or advertising without the prior written consent of Landlord.
(h) Tenant shall permit no waste, damage or injury to the Premises and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment initiate and carry out a program of Landlord, shall in any way impair or tend to impair the character, reputation or appearance regular maintenance of the Building as a first-class office building, impair Premises including the painting or interfere with or tend to impair or interfere with any refinishing of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other all areas of the Building byinterior and store front so as to impede, or occasion discomfortto the extent possible, inconvenience or annoyance to, any of deterioration by ordinary wear and tear and to keep the other tenants or occupants of the Building. same in attractive condition.
(i) Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, times during the Term observe and comply with the terms rules, regulations and conditions covenants as may be published and amended from time to time by Landlord for the safety, care and cleanliness of each license the Shopping Center and the Premises and the preservation of good order therein.
(j) Tenant shall refrain from distributing any handbills or permitother advertising matter on or about any part of the Shopping Center, and shall not use any sidewalks, walkways or areaways of the Shopping Center for the sale of merchandise or any business, occupation or undertaking.
Appears in 1 contract
Samples: Lease Agreement (Dominion Homes Inc)
Use of Premises. The Tenant shall not use the premises or any part thereof, or permit Premises nor allow the premises or any part thereof Premises to be used, used for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions development and conditions of this Lease. Those portions, if any, administrative headquarters of the premises which on company, nor in any manner inconsistent with such use and occupation, and the plan(s) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not not, at any time use during the Term or occupy any renewal thereof, commit or suffer to be committed any waste upon the premises Premises nor shall the Tenant use, exercise, or carry on, or permit or suffer to be used, exercised or carried on, in or upon the Premises, or any part thereof, any noxious, noisome or permit offensive art, trade, business, occupation or calling, or keep, sell, use, handle or dispose of any merchandise, goods or things which are objectionable, or by which any of the premises Premises, the Land or the Building or any part thereof to may be used damaged or occupiedinjuriously affected, and no act, matter or thing whatsoever shall, at any time during the Term or any renewal thereof, be done in violation of or upon the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises Premises, or any part thereof thereof, which may result in any way which would violate any of the covenantsannoyance, agreementsnuisance, termsgrievance, provisions and conditions of this Lease damage or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof disturbance to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building or to the occupiers or owners of any other lands or premises or to the holders of any registered easement, right of way or other encumbrance charging the whole or part of the Land or the Building. The Tenant shall use its best endeavours to prevent anything being done on the Premises or the Land which may result in the Land or any part thereof (other than the Premises) being picketed or otherwise subjected to industrial action or demonstrations, political or otherwise. In the event of such picketing, industrial action or demonstrations the Tenant shall forthwith take all action and proceedings necessary to cause such picketing, industrial action and demonstrations to cease without delay. The Tenant shall not install any electrical or other equipment of any kind which, place in the judgment Premises any heavy machinery or equipment without first obtaining the consent in writing of the Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, The Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from shall occupy the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required Premises for the proper purpose aforesaid continuously and lawful conduct without interruption throughout the Term and any renewal thereof. The Tenant shall immediately advise the Landlord of Tenant's business the presence of and shall do all things necessary to remove, any dangerous condition from time to time existing on the Premises and arising as a result of the act or other activity carried on it omission of the premises, TenantTenant or any person for whom the Tenant is, at Tenant's expenselaw, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitresponsible.
Appears in 1 contract
Use of Premises. A. The Premises shall be used and occupied only for the Permitted Use and for no other use or purpose without the Landlord’s prior written reasonable consent. The Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises Premises or any part thereof in any way which would violate any Certificate of Occupancy for the Building or any of the covenants, agreements, agreements terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and the Tenant shall not suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises Premises which, in the reasonable judgment of the Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office buildingBuilding, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or required to be performed by the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. if any.
B. If any governmental license or permit shall be required for the proper and lawful conduct of the Tenant's ’s business or other activity carried on it in the premisesPremises, and if the failure to secure such license or permit would, in any way, affect the Landlord, the Tenant, at the Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by the Landlord. The Tenant, at the Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each such license or permit.
C. If by reason of failure of the Tenant to comply with the provisions of this Lease, including but not limited to, the manner in which the Tenant uses or occupies the Premises, the insurance rates shall at the commencement of the Term or at any time thereafter be higher than it otherwise would be, then, the Tenant shall reimburse the Landlord, as Additional Rent hereunder, for that part of all insurance premiums thereafter paid or incurred by the Landlord, which shall have been charged because of such failure or use by the Tenant, and the Tenant shall make such reimbursement upon the first day of the month following the billing to the Tenant of such additional cost by the Landlord. To the best of Landlord’s knowledge, Tenant’s Permitted Use shall not, at this time, result in any additional insurance premiums.
Appears in 1 contract
Samples: Lease Agreement (Integra Lifesciences Holdings Corp)
Use of Premises. Tenant The Premises are to be used solely for the uses stated on Page 1 and for no other uses or purposes without Lessor's prior written consent. The use of the Premises by Lessee and its agents, invitees and employees shall be subject to, and at all times in compliance with, (a) any and all applicable laws, ordinances, statutes, orders and regulations as same exist from time to time (collectively, the "Laws"), and (b) any and all declarations of covenants, conditions and restrictions ("CC&Rs") and any supplement thereto which has been or hereafter is recorded in any official or public records with respect to the Premises, the Building, the Lot and/or the Park, or any portion thereof. Lessee shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer Premises or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises nor keep or bring anything therein which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere conflict with any of the Building services requirements of the Board of Fire Underwriters or similar body now or hereafter constituted or in any way increase the proper and economic heating, cleaning, air conditioning existing rate of or affect any policy of fire or other servicing of insurance upon the Building or the premisesany of its contents, or impair cause a cancellation of any insurance policy. Lessee shall not do or interfere with permit anything to be done in or tend to impair about the Premises which will in any way obstruct or interfere with the use rights of any of the other areas of the Building byLessor, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, other buildings in the Park, or other persons or businesses in the Park, or injure or annoy other tenants or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, as determined by Lessor, in its sole discretion, for the benefit, quiet enjoyment and use by Lessor and all other tenants or occupants of the Building or other buildings in the Park; nor shall Lessee cause, maintain or permit any private or public nuisance in, on or about the Premises, Building, Park and/or the Common Area, including, but not limited to, any offensive odors, fumes or vibrations. Tenant Lessee shall not install damage or deface or otherwise commit or suffer to be committed any electrical waste in, upon or about the Premises. Lessee shall not store, nor permit any other equipment person or entity to store, any property, equipment, materials, supplies, personal property or any other items or goods outside of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyancePremises. Except as set forth in Article 1 hereof, Tenant will not, and will Lessee shall not permit anyone any animals, including, but not limited to, sell any household pets, to be brought or traffic in any spirituous liquors, wine, ale or beer kept in or from about the premises Premises. Lessee shall place no loads upon the floors, walls, or carry on any manufacturing ceilings in the premises. If any governmental license or permit shall be required for the proper and lawful conduct excess of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit.the
Appears in 1 contract
Samples: Lease Agreement (Bikers Dream Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only Lessee for the aircraft hangar purposes, and for such other purposes for which they are designedthe Lessor may from time to time consent to in writing. Tenant Lessee shall use and maintain the Premises in a clean, sanitary, safe, careful and proper manner. Lessee shall comply with all applicable laws, ordinances and regulations as to the use, occupancy, maintenance and condition of the Premises. Lessee will not at any time use or occupy allow the premises or any part thereof, or permit the premises or any part thereof Premises to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner that will damage the reputation of, increase the rate of insurance, increase the hazard of fire, or otherwise be injurious to Premises. The Lessee shall keep the Premises free of rodents, insects, pest and Tenant any obnoxious or noxious odors. The Premises shall not suffer or permit be used for any extra hazardous use. Lessee shall dispose of all rubbish, trash, garbage and other waste in a clean and sanitary manner from the premises or Premises. Lessee shall properly use and operate all appliances, electrical, gas and plumbing fixtures and shall not destroy, deface, damage, impair nor remove any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building building, equipment or appurtenances thereto. Lessee shall not permit any of its agents, employees, representatives, guests or invitees to violate any of Lessee’s obligations under this Lease. Xxxxxx has examined the Premises and appurtenances, prior to and as a first-class office buildingcondition precedent to its acceptance and execution of this Lease, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere is satisfied with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notphysical condition thereof, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit Xxxxxx’s taking possession shall be required for the proper conclusive evidence of its receipt thereof in good order and lawful conduct of Tenant's business or other activity carried on it the premisesrepair. XXXXXX AGREES THAT NO REPRESENTATIONS OR WARRANTIES AS TO HABITABILITY, TenantSUITABILITY, at Tenant's expenseCONDITION OR REPAIR HAVE BEEN MADE BY LESSOR OR ITS REPRESENTATIVES, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. TenantOFFICERS, at Tenant's expenseOR AGENTS WHICH ARE NOT HEREIN EXPRESSED IN THE ADDITIONAL COVENANTS AND THAT NO OTHER PROMISE TO DECORATE, shallALTER, at all timesREPAIR OR IMPROVE, comply with the terms and conditions of each license or permitEITHER BEFORE OR AT THE EXECUTION HEREOF, NOT CONTAINED HEREIN, HAS BEEN MADE BY LESSOR OR ITS REPRESENTATIVES, OFFICERS OR AGENTS.
Appears in 1 contract
Samples: Lease Agreement
Use of Premises. 7.01 Tenant shall occupy and use the Premises during the Term for the purposes set forth in Section 1.01(m) only, and for no other purpose without the prior written consent of Landlord. Tenant agrees that it will not use or permit any person to use the premises Premises or any part thereof for any use or purpose in violation of the laws of the United States, the laws, ordinances or other regulations of the State or municipality in which the Premises are located, or of any other lawful authorities, or any building and use restrictions, now or hereafter affecting the Premises or any part thereof, .
7.02 Tenant will not do or permit any act or thing to be done in or to the premises Premises or the Project which will invalidate or be in conflict with any terms or conditions required to be contained in any property or casualty insurance policy authorized to be issued in the State of Michigan or any part thereof to be used, for term or condition of the Insurance Services Office's (ISO) Commercial Property Insurance and/or Commercial General Liability Insurance Conditions or any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions different or additional terms and conditions of this Lease. Those portions, if any, of the premises which any insurance policy in effect on the plan(s) attached hereto are shown as toilets and utility areas Premises or the Project from time to time (collectively the "Building Insurance"), Nor shall be used by Tenant only for the purposes for which they are designed. Tenant will not at do nor permit any time use other act or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything thing to be done therein in or suffer to the Premises or permit the Project which shall or might subject Landlord to any liability or responsibility to any person or for property damage, nor shall Tenant use the Premises or keep anything to be brought into on or kept in the premises whichProject except as now or hereafter permitted by the fire regulations, in the judgment of Landlordfire department or zoning, shall in any way impair or tend to impair the characterhealth, reputation or appearance of the Building as a first-class office buildingsafety, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning land use or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlordregulations. Tenant, at Tenant's sole cost and expense, shall, at all times, shall comply with all requirements and recommendations set forth by any property or casualty insurer or reinsurer providing coverage for the terms and conditions Premises or the Project or by any person or entity engaged by Landlord or Manager to perform any loss control, analysis or assessment for the Premises or the Project. Tenant shall not do or permit anything to be done in or upon the Premises or the Project or bring or keep anything therein or use the Premises or the Project in a manner which increases the rate of each license premium for any Building Insurance or permit.any property or equipment located therein over the rate in effect at the commencement of the Term of this Lease. In addition, Tenant agrees to pay Landlord the amount of any increase in premiums for insurance which may be charged during the term of this Lease resulting from the act or omissions of Tenant or the character or nature of its occupancy or use
Appears in 1 contract
Samples: Lease Agreement (Advanced Systems International Inc)
Use of Premises. 7.01 Tenant shall occupy and use the Premises during the Term for the purposes set forth in Section 1.01(m) only, and for no other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Tenant agrees that it will not use or permit any person to use the premises Premises or any part thereof for any use or purpose in violation of the laws of the United States, the laws, ordinances or other regulations of the State or municipality in which the Premises are located, or of any other lawful authorities, or any building and use restrictions, now or hereafter affecting the Premises or any part thereof, .
7.02 Tenant will not do or permit any act or thing to be done in or to the premises Premises or the Project which will invalidate or be in conflict with any terms or conditions required to be contained in any property or casualty insurance policy authorized to be issued in the State of Michigan or any part thereof to be used, for term or condition of the Insurance Services Office's (ISO) Commercial Property Insurance and/or Commercial General Liability Insurance Conditions or any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions different or additional terms and conditions of this Lease. Those portions, if any, of the premises which any insurance policy in effect on the plan(s) attached hereto are shown Premises or the Project from time to time (collectively the *Building Insurance"), Nor shall Tenant do nor permit any other act or thing to be done in or to the Premises or the Project which shall or might subject Landlord to any liability or responsibility to any person or for property damage, nor shall Tenant use the Premises or keep anything on or in the Project except as toilets now or hereafter permitted by the fire regulations, the fire department or zoning, health, safety, land use or other regulations. Tenant, at Tenant's sole cost and utility areas expense, shall be used comply with all requirements and recommendations set forth by Tenant only any property or casualty insurer or reinsurer providing coverage for the purposes for which they are designed. Tenant will not at Premises or the Project or by any time use person or occupy the premises entity engaged by Landlord or Manager to perform any part thereofloss control, analysis or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued assessment for the Building and/or Premises or the premisesProject. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept upon the Premises or the Project or bring or keep anything therein or use the Premises or the Project in a manner which increases the premises which, rate of premium for any Building insurance or any property or equipment located therein over the rate in effect at the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance commencement of the Building as a first-class office buildingTerm of this Lease. In addition, impair Tenant agrees to pay Landlord the amount of any increase in premiums for insurance which may be charged during the term of this Lease resulting from the act or interfere with omissions of Tenant or tend to impair the character or interfere with any nature of its occupancy or use of the Building services Project or the proper and economic heatingPremises, cleaningwhether or not Landlord has consented to the same. Any scheduled or "make-up" of any insurance rate for the Premises, air conditioning or other servicing of the Building or the premisesProject issued by any insurance company establishing insurance premium rates for the Premises, Building or impair or interfere with or tend to impair or interfere with the use of any Project shall be prima facie evidence of the other areas facts therein stated and of the several items and charges in the insurance premium rates then applicable to the Premises, the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingProject. Tenant shall not install give Landlord notice promptly after Tenant learns of any electrical accident, emergency, or occurrence for which Landlord is or may be liable, or any fire or other equipment of any kind whichcasualty or damage or defects to the Premises, in the judgment Building or the Project which Landlord is or may be responsible or which constitutes the property of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, .
7.03 Tenant will not, and will shall not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises perform acts or carry on any manufacturing activities or engage in any practices which may injure the Premises or any portion of the Project or which may be a nuisance or menace to other persons on or in the premisesProject. If any governmental license Tenant shall pay all costs, expenses, fines, penalties, or permit shall damages which may be required for the proper and lawful conduct imposed upon Landlord by reason of Tenant's failure to comply with the provisions of this Section.
7.04 Tenant will not place any load upon any floor of the Premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business or other activity carried on it the premises, machines and mechanical equipment. Such items shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's judgment, to absorb and prevent vibration, noise and annoyance. If at any time any windows of the Premises are temporarily or permanently closed, darkened or covered for any reason whatsoever, including Landlord's own acts, Landlord shall duly procure not be liable for any damage Tenant may sustain thereby, and thereafter maintain such license or permit and submit the same shall not be considered a default under this Lease and Tenant shall not be entitled to inspection any compensation therefore nor abatement of any Base Rent or any other sums due hereunder, nor shall the same release Tenant from its obligations hereunder nor constitute an eviction, construction, actual or otherwise.
7.05 During the term hereof, and consistent with janitorial services provided by Landlord, Tenant will keep the Premises in a clean and wholesome condition, will use the same in a careful and proper manner, and generally will comply with all laws, ordinances, orders and regulations affecting the Premises and the cleanliness, safety, occupancy and use thereof. Tenant will not commit waste in or on the Premises, and will use the Premises in accordance with the Rules and Regulations of the Project, as set forth in Exhibit B, attached hereto and made a part hereof.
7.06 As between Landlord and Tenant, at Tenant shall be responsible for any alterations, changes or improvements to the Premises which may be necessary in order for the Premises and Tenant's expense, shall, at all times, comply use thereof to be in compliance with the terms Americans with Disabilities Act of 1990 and conditions its state and local counterparts or equivalents (the "Disabilities Act") during the term of each license this Lease.
7.07 For the purposes of this Lease, the term "Hazardous Materials" shall mean, collectively, (i) any biological materials, chemicals, materials, substances or permitwastes which are now or hereafter become defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous wastes", "restricted hazardous wastes", "toxic substances", "toxic pollutants", or words of similar import, under any applicable Environmental Law (as defined below) and (ii) any petroleum or petroleum products and asbestos in any form that is or could become friable.
Appears in 1 contract
Samples: Lease Agreement (Syntel Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only as described above in Item 1, Section (d), and for no other purpose without the purposes for which they are designedprior written discretionary consent of Landlord. Tenant shall not do or permit to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will not at in any time use way conflict with any law, statute, ordinance or occupy governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is prohibited by any standard form of fire insurance policy or will in any way increase the premises existing rate of or affect any fire or other insurance upon the Building or any part thereofof its contents, or permit cause a cancellation of any insurance policy covering the premises Building or any part thereof to be used or occupied, in violation any of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesits contents. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. , or injure or annoy them or use or allow to be used the Premises for any improper, immoral, unlawful or objectionable purpose (as determined by Landlord); nor shall Tenant shall not install cause, maintain, or permit any electrical nuisance (as determined by Landlord or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer by law) in or from about the premises Premises or carry on commit or suffer to be committed any manufacturing in waste in, on, or about the premisesPremises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure comply with all laws, rules, orders, statutes, ordinances, directions, regulations and thereafter maintain such license or permit requirements of all federal, state, county and submit the same municipal authorities pertaining to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply use of the Premises and with the terms recorded covenants, conditions and conditions restrictions pertaining thereto, regardless of each license when they become effective or permitapplicable, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, hazardous materials, waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and with any direction of any public officer or officials which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)
Use of Premises. Section 3.01. The Premises shall be used and occupied for executive and general offices, by and for Tenant, or affiliate of Tenant and by and for permitted assignees, subtenants and licensees and uses ancillary thereto in connection with Tenants' business and for no other purpose. Tenant agrees that it shall not use the premises Premises or any part thereof, or suffer or permit the premises Premises or any part thereof to be used, for any purpose purposes other than as set forth in the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions first sentence of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedSection 3.01.
Section 3.02. Tenant will agrees that it shall not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx suffer or permit the use of the premises Premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the reasonable judgment of Landlord, shall would in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or unreasonably interfere with any of the Building services systems or the proper and economic heating, cleaning, air conditioning or other similar servicing of the Building or the premisesPremises (to the extent that same or any of same are to be furnished to the Premises), or impair or interfere with or tend to impair or unreasonably interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises.
Section 3.03. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it in the premisesPremises, Tenantand if the failure to secure such license or permit might or would, in any way, affect Landlord, then Tenant at Tenant's sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same and make the same available to inspection by Landlord. Tenant, at Tenant's sole cost and expense, shall, shall at all times, comply with the terms and conditions requirements of each such license or permit. Notwithstanding anything in this lease to the contrary, Tenant shall not have any obligation to secure, or pay for, any license or permit for work which Landlord is responsible to perform in or about the Premises or the Building.
Appears in 1 contract
Use of Premises. 6.1 Tenant shall use and occupy the Premises solely for general (non-medical and non-governmental) office and call center activities conducted by Tenant and any entity controlled by or under common control with Tenant, and for no other use or purpose. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or Premises for any part thereofunlawful purpose, or permit the premises or in any part thereof to be used or occupied, in violation of manner that will violate the certificate of occupancy (temporary for the Premises or final) issued the Building, or that will constitute waste, nuisance or unreasonable annoyance to Landlord or any other tenant or user of the Building, or in any manner that will increase the number of parking spaces required for the Building or its full occupancy as required by law. Landlord at its expense (subject to reimbursement pursuant to Article V, if and to the extent permitted thereby) shall comply with all Laws to the extent the same apply directly to the Building Structure and Systems and Common Areas as a whole. Tenant shall comply with all Laws concerning the use, occupancy and condition of the Premises and all machinery, equipment, furnishings, fixtures and improvements therein, all in a timely manner at Tenant's sole expense. If any Law requires an occupancy or use permit or license for the Premises or the operation of the business conducted therein, then Tenant shall obtain and keep current such permit or license at Tenant's expense and shall promptly deliver a copy thereof to Landlord. Without limiting the generality of any of the foregoing: Tenant, at its expense, shall install and maintain fire extinguishers and other fire protection devices as may be required with respect to Tenant's use of the Premises from time to time by any agency having jurisdiction thereof and/or the premisesunderwriters insuring the Building. Except as otherwise provided in Section 23.1 below, Tenant at its sole cost and expense shall be solely responsible for taking any and all measures which are required to comply with the ADA concerning the Premises and the business conducted therein during the Term. Any Alterations made or constructed by Tenant for the purpose of complying with the ADA or which otherwise require compliance with the ADA shall be done in accordance with this Lease; provided, that Landlord's consent to such Alterations shall not constitute either Landlord's assumption, in whole or in part, of Tenant's responsibility for compliance with the ADA, or representation or confirmation by Landlord that such Alterations comply with the provisions of the ADA. Use of the Premises is subject to all covenants, conditions and restrictions of record. Tenant shall not xxx or permit the use of the premises or any part thereof space in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, Land for the sale of tangible goods to the public at large or impair for the sale at auction of goods or interfere with or tend to impair or interfere with the use property of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingkind. Tenant shall not install conduct any electrical operations, sales, promotions, advertising or other equipment of any kind whichspecial events outside the Premises, in the judgment Building or on the Land.
6.2 Tenant shall pay before delinquency any business, rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant's use or occupancy of Landlordthe Premises, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business at the Premises, or Tenant's equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay as additional rent the amount of such tax or fee.
6.3 Tenant shall not allow, cause or permit any Hazardous Materials to be generated, used, treated, released, stored or disposed of in or about the Building or the Land, provided that Tenant may use and store normal and reasonable quantities of standard cleaning and office materials in the Premises as may be reasonably necessary for Tenant to conduct normal general office use operations in the Premises so long as such materials are properly, safely and lawfully stored and used by Tenant and the quantity of same does not equal or exceed a "reportable quantity" as defined in 40 C.F.R. 302 and 305, as amended. At the expiration or earlier termination of this Lease, with respect to conditions existing on account of Tenant's use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant (it being understood that the term "inaction" as used in this Section shall not impose upon Tenant any obligation to remove Hazardous Materials existing in the Premises as of the Lease Commencement Date which were introduced into the Premises by anyone other than Tenant or any Agent of Tenant, unless such condition is knowingly aggravated as a result of Tenant's use or occupancy of the Premises), Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. Tenant shall: (i) give Landlord immediate verbal and follow-up written notice of any actual or threatened Environmental Default with respect to conditions existing on account of Tenant's use or occupancy of the Premises or any action or inaction of Tenant or any Agent of Tenant, which Environmental Default Tenant shall cure in accordance with all Environmental Laws and only after Tenant has obtained Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed; and (ii) promptly deliver to Landlord copies of any notices or other activity carried items received from or submitted to any governmental or quasi-governmental agency, or any claim instituted or threatened by any third party, concerning the Premises, the occupancy or use thereof, or the existence or potential existence of Hazardous Materials therein. Upon any Environmental Default, in addition to all other rights available to Landlord under this Lease, at law or in equity, Landlord shall have the right but not the obligation to immediately enter the Premises, to supervise and approve any actions taken by Tenant to address the Environmental Default, and, if Tenant fails to immediately address same in accordance with this Lease, to perform, with respect to conditions existing on it account of Tenant's use or occupancy of the premises, Premises or any action or inaction of Tenant or any Agent of Tenant, at Tenant's sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same any lawful action necessary to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitaddress same.
Appears in 1 contract
Samples: Office Lease Agreement (Wells Real Estate Fund Xi L P)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only solely for general office purposes for the purposes business of Tenant as described in Paragraph 2.g. above and for which they are designed. Tenant will not at any time no other use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisespurpose. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein do or suffer or permit anything to be brought into done in or kept in about the premises whichPremises or the Project, in the judgment of Landlordnor bring or keep anything therein, shall which would in any way impair subject Landlord, Landlord’s agents or tend the holder of any Superior Interest (as defined in Paragraph 21) to impair any liability, increase the characterpremium rate of or affect any fire, reputation casualty, liability, rent or appearance of other insurance relating to the Building as a first-class office building, impair Project or interfere with or tend to impair or interfere with any of the Building services contents of the Building, or cause a cancellation of, or give rise to any defense by the insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord upon demand the amount of such increase. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair Project which will in any way obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingProject or injure or annoy them, or use or suffer or permit the Premises to be used for any immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Project. Without limiting the foregoing, no loudspeakers or other similar device which can be heard outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises. Tenant shall not install commit or suffer to be committed any electrical waste in, to or other equipment about the Premises. Landlord may from time to time conduct fire and life safety training for tenants of any kind whichthe Building, including evacuation drills and similar procedures. Tenant agrees to participate in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except activities as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection reasonably requested by Landlord. Tenant agrees not to employ any person, entity or contractor for any work in the Premises (including moving Tenant’s equipment and furnishings in, at Tenant's expenseout or around the Premises) whose presence may give rise to a labor or other disturbance in the Building and, shallif necessary to prevent such a disturbance in a particular situation, at all times, comply with Landlord may require Tenant to employ union labor for the terms and conditions of each license or permitwork.
Appears in 1 contract
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets Premises in its sole and utility areas shall be used by Tenant only for the purposes for which they are designedabsolute discretion. Tenant will shall not at any time use or occupy the premises or any part thereofPremises, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit anyone to use or occupy the premises or any part thereof to be used in any manner or anything to be done therein or suffer Premises, or permit anything to be brought into or kept done in the premises whichPremises, in any manner that: (i) violates the judgment certificate of Landlordoccupancy for the Premises or for the Building, shall (ii) involves the operation of any division, agency or bureau of the United States, of any state or local government, of any foreign government, or of any subdivision thereof, (iii) involves gambling in any way impair form, or tend to impair the use of lottery, gaming or arcade devices, (iv) involves the sale, rental or viewing of pornographic, obscene or “adult materials,” or involves adult entertainment of any kind, (v) otherwise impairs the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or Building; (vi) impairs the proper and economic heatingmaintenance, cleaning, air conditioning or other servicing operation and repair of the Building and/or its equipment, facilities or the premises, systems; (vii) annoys or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the inconveniences other tenants or occupants of the Building; or (viii) causes any labor dispute in or adjacent to the Building. Tenant shall not install at any electrical time keep pets or other equipment animals of any kind whichon the Premises.
(b) Tenant shall not at any time use or occupy the Premises, or permit any act or omission in or about the Premises in violation of any covenant of record, law, statute, building or zoning code, ordinance, or governmental order, condition of approval, rule or regulation (including, but not limited to, Title III of the Americans With Disabilities Act of 1990), as well as the same may be amended and supplemented from time to time (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the Premises which is declared by any governmental authority to be a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupancy of the Premises, impose any duty upon Tenant or Landlord with respect to (i) modification or other maintenance of the Premises, the Building or the Project, or (ii) the use, alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or the Project at any time and all covenants, conditions and restrictions affecting the Premises, the Building or the Project at any time, including, but not limited to, Tenant’s execution of any subordination agreements requested by a mortgagee (which for purposes of this Lease includes any lender or grantee under a deed of trust) of the Premises, the Building or the Project.
(c) Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for or restrictive covenants pertaining to the Building or the Premises, and in the judgment event that any architectural control committee or department of the State or the city or county in which the Project is located shall at any time contend or declare that the Premises are used or occupied in violation of such certificate or certificates of occupancy or restrictive covenants, Tenant shall, upon five (5) days’ notice from Landlord or any such governmental agency, immediately discontinue such use of the Premises (and otherwise remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Any statement in this Lease of the nature of the business to be conducted by Tenant in the Premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business is or will continue to be lawful or permissible under any certificate of occupancy issued for the Building or the Premises, or otherwise permitted by Law.
(d) Tenant shall not do or permit to be done anything which may invalidate or increase the cost of any fire, All Risk, Causes of Loss – Special Form or other insurance policy covering the Building, the Project and/or property located therein and shall comply with all rules, orders, regulations and requirements of the appropriate fire codes and ordinances or any other organization performing a similar function. In addition to all other remedies of Landlord, might cause Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such impairment, interference, discomfort, inconvenience policy or annoyance. Except as set forth in Article 1 hereof, policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(e) Tenant will not, and will shall not permit anyone to, sell or traffic in any spirituous liquorsway interfere with the rights or quiet enjoyment of other tenants or occupants of the Premises, winethe Building or the Project. Tenant shall not use or allow the Premises to be used for any improper, ale immoral, unlawful or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises, the Building or the Project. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Tenant shall not create within the Premises a working environment with a density of greater than five (5) persons per 1,000 square feet of Rentable Area. Business machines and mechanical equipment shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Project.
(f) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and submit smoke detectors and burglar alarms located within the same Premises and shall cooperate with Landlord and other tenants in the Project with respect to inspection access control and other safety matters.
(g) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by Landlord. Tenantany local governmental authority, at Tenant's expensethe State or the United States Government, shallincluding, at all timeswithout limitation, comply with the terms and conditions of each license any material or permitsubstance which is (A) defined or listed as a “hazardous waste,” “pollutant,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance” or “hazardous material” under any applicable federal, state or local Law or administrative code promulgated thereunder, (B) petroleum, or (C) asbestos.
Appears in 1 contract
Use of Premises. Tenant (a) The Premises and the Improvements shall not be used solely as private, single- family residence, and uses incidental thereto. No improper or unlawful use shall be made of the Premises or any part thereof, nor shall any nuisance be allowed thereon. All Improvements and the use thereof shall be in full compliance with all applicable building codes, zoning and other governmental regulations and restrictions relating thereto. Lessee shall promptly comply with any present and future laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, courts, departments, commissions or any other body or board exercising functions similar to those of the foregoing, whether foreseen or unforeseen or ordinary or extraordinary, which may be applicable to the premises and the Improvements, or any part thereof, or permit to the premises use or manner of use of the same, or any part thereof thereof.
(b) Lessee shall not create or permit to be usedcreated or to remain, for and shall discharge, any purpose other than lien, encumbrance or charge levied on account of any mechanics, laborers or materialmen's lien which might be or become a lien, encumbrance or charge upon the use hereinabove specifically mentioned, subject, however, to all Premises or the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises Improvements or any part thereof, and Lessee shall not suffer any other matter or permit thing whereby the premises estate, rights and interest of Lessor in the Premises or the Improvements or any part thereof might be impaired. If any such lien shall be filed, Lessee shall cause the same to be used or occupieddischarged within thirty (30) days after notice of the filing. If Lessee fails to cause the lien to be discharged within such time period, then, in violation addition to any other right or remedy, Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of the certificate lien by deposit or by bonding proceedings, and in such event shall be entitled, if Lessor so elects, to compel the prosecution of occupancy (temporary or final) issued an action for the Building and/or enforcement of such lien by the premises. Tenant shall not xxx or permit lienor and to pay the use amount of the premises judgment in favor of the lienor with interest, costs and allowance. Lessee shall reimburse and pay to Lessor on demand any amount so paid by Lessor and any costs thereof, shall cause the same to be discharged of record by payment, deposit, bond, court order or otherwise. Lessee shall reimburse and pay to Lessor on demand any part thereof amount so paid by Lessor and any costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by Lessor in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum from the date of Lessor's notice to Lessee of the making of the payment or the incurring of the cost and expense, as applicable. Nothing in this Lease shall be deemed or construed in any way which would violate as constituting the consent or request of Lessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the covenants, agreements, terms, provisions and conditions furnishing of this Lease or any materials for any unlawful purposes specific improvement, alteration to, or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment repair of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair the Improvements, or interfere with any part thereof.
(c) Lessee shall keep the Premises and the Improvements in a clean and sanitary condition, and shall not permit any rubbish, refuse or tend garbage to impair or interfere with the use of accumulate thereon, nor any fire hazard to exist thereon. Lessee shall take good care of the other areas premises and the Improvements and keep the same in good order and condition, and make all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen or unforeseen. The term "repairs" shall include all necessary replacements, renewals and alterations. Lessor shall not be required to furnish any services or facilities, or to make any repairs, alterations or replacements in or to the Premises or the Improvements. Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Building bypremises and the Improvements. If Lessee should fail to make required repairs, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingLessor may but need not do so and Lessee shall upon demand reimburse Lessor's costs in so doing together with interest thereon at ten percent (10%) per annum until paid. Tenant Lessee shall not install make any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from alteration to the premises or carry on any manufacturing Improvements which affects the exterior appearance or structure without Lessor's prior written consent and the approval of the Association as provided in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitDeclaration.
Appears in 1 contract
Samples: Ground Lease
Use of Premises. Tenant, and any permitted subtenant or assignee, shall use the Premises only for the use described in Section 1 on page 2. Any other use of the Premises is absolutely prohibited. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, Premises in violation of any recorded covenants, conditions and restrictions affecting the certificate of occupancy (temporary or final) issued for land on which the Building and/or the premisesis located nor of any law, ordinance, rule and regulation. Tenant shall not xxx do or permit to be done anything which will invalidate or increase the use cost of the premises any fire, extended coverage or any part thereof in other insurance policy covering the Building or property located therein and shall comply with all rules, orders, regulations and requirements of any way which would violate applicable fire rating bureau or other organization performing a similar function. Tenant shall promptly upon demand reimburse Landlord as additional rent for any additional premium charged for any insurance policy by reason of Tenant's failure to comply with the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Section 8. Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not install commit or suffer to be committed any electrical waste in or other upon the Premises and shall keep the Premises in first class repair and appearance. Tenant shall not place a load upon the Premises exceeding the average pounds of live load per square foot of floor area specified for the Building by Landlord's architect, with any partitions to be considered a part of the live load. Landlord reserves the right to be prescribe the weight and position of all safes, files and heavy equipment of any kind which, which Tenant desires to place in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyancePremises so as to distribute properly the weight thereof. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business machines and mechanical equipment which cause vibration or noise that may be transmitted to the Building structure or to any other activity carried on it space in the premisesBuilding shall be so installed, Tenantmaintained and used by Tenant as to eliminate such vibration or noise. Tenant shall be responsible for the cost of all structural engineering required to determine structural load. In any event, at Tenantunless specifically authorized herein, Tenant shall not prepare or serve, or authorize the preparation or service of, food or beverages in the Premises, except only the occasional preparation of coffee, tea, hot chocolate and other such common refreshments for Tenant and its employees. Tenant shall not conduct any auction in or about the Premises or the Building without Landlord's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitprior written consent.
Appears in 1 contract
Samples: Office Lease (Pac-West Telecomm Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only solely for general office purposes for the purposes business of Tenant as described in Paragraph 2.g. above and for which they are designed. Tenant will not at any time no other use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisespurpose. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein do or suffer or permit anything to be brought into done in or kept in about the premises whichPremises or the Real Property, in the judgment of Landlordnor bring or keep anything therein, shall which would in any way impair subject Landlord, Landlord's agents or tend the holder of any Superior Interest (as defined in Paragraph 21) to impair any liability, increase the characterpremium rate of or affect any fire, reputation casualty, liability, rent or appearance of other insurance relating to the Building as a first-class office building, impair Real Property or interfere with or tend to impair or interfere with any of the Building services contents of the Building, or cause a cancellation of, or give rise to any defense by the insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of Tenant results in any such increase in premium rates, Tenant shall pay to Landlord upon demand the amount of such increase. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair Real Property which will in any way obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingBuilding or injure or annoy them, or use or suffer or permit the Premises to be used for any immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Real Property. Without limiting the foregoing, no loudspeakers or other similar device which can be heard outside the Premises shall, without the prior written approval of Landlord, be used in or about the Premises. Tenant shall not install commit or suffer to be committed any electrical waste in, to or about the Premises. Tenant agrees not to employ any person, entity or contractor for any work in the Premises (including moving Tenant's equipment and furnishings in, out or around the Premises) whose presence may give rise to a labor or other equipment of any kind which, disturbance in the judgment of LandlordBuilding and, might cause any if necessary to prevent such impairmenta disturbance in a particular situation, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Landlord may require Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required to employ union labor for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitwork.
Appears in 1 contract
Use of Premises. (a) Tenant shall use the Premises only for general office uses and shall not use the premises or any part thereof, Premises or permit the premises or any part thereof Premises to be used, used for any purpose other than purpose. Landlord shall have the right to deny its consent to any change in the permitted use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(sPremises in its sole and absolute discretion.
(b) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofPremises, or permit any act or omission in or about the premises or any part thereof to be used or occupied, Premises in violation of any law, statute, ordinance or any governmental rule, regulation or order (collectively, “Law” or “Laws”) and Tenant shall, upon written notice from Landlord, discontinue any use of the certificate Premises which is declared by any governmental authority to be a violation of Law. If any Law shall, by reason of the nature of Tenant’s use or occupancy of the Premises for other than general office use, impose any duty upon Tenant or Landlord with respect to (temporary i) modification or final) issued for other maintenance of the Premises, the Building and/or or the premises. Land, or (ii) the use, Alteration or occupancy thereof, Tenant shall comply with such Law at Tenant’s sole cost and expense. Subject to Tenant’s obligations herein, Landlord shall be responsible for compliance with applicable Laws with respect to modification or other maintenance of the Common Areas and the Land. This Lease shall be subject and subordinate to all Security Documents (as defined in Paragraph 16(a) below) and all covenants, conditions and restrictions affecting the Premises, the Building or the Land, including, but not xxx or permit limited to, any subordination agreements described in Paragraph 16(a) below, provided that Landlord hereby represents, warrants and covenants that no such Security Documents, covenants, conditions and restrictions adversely affect the use of the premises Premises for general office use.
(c) Tenant shall not do or permit to be done anything which may invalidate any part thereof insurance coverage that is in place affording coverage at the location, or that would increase the risk of loss at the location, or that would cause an increase in the cost of any insurance policy covering the Building, the Land and/or property located therein; and Tenant shall comply with all rules, orders, regulations and requirements as set forth in all applicable fire codes and ordinances issued by any federal, state or local governmental body, or by any other organization performing a similar function and issuing codes that pertain to the location. In addition to all other remedies of Landlord, Landlord may require Tenant, promptly upon demand, to reimburse Landlord for the full amount of any additional premiums charged for such policy or policies by reason of Tenant’s failure to comply with the provisions of this Paragraph 6.
(d) Tenant shall not in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use rights or quiet enjoyment of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Premises or the Building. Tenant shall not install use or allow the Premises to be used for any electrical unlawful purpose, nor shall Tenant cause, maintain, or other equipment permit any nuisance in, on or about the Premises, the Building or the Land. Tenant shall not place weight upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any kind which, Building system in the judgment excess of Landlord, might cause any such impairment, interference, discomfort, inconvenience its capacity or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquorsother manner which may damage such system or the Building. Tenant shall not create within the Premises a working environment with a density of greater than the lesser of (i) one (1) per one hundred fifty (150) square feet of Rentable Area, wine, ale or beer in or from (ii) the premises or carry on any manufacturing in the premisesmaximum density permitted by Law. If any governmental license or permit Business machines and mechanical equipment shall be required for the proper placed and lawful conduct of Tenant's business or other activity carried on it the premises, maintained by Tenant, at Tenant's ’s expense, in locations and in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall duly procure not commit or suffer to be committed any waste in, on, upon or about the Premises, the Building or the Land.
(e) Tenant shall take all reasonable steps necessary to adequately secure the Premises from unlawful intrusion, theft, fire and thereafter other hazards, and shall keep and maintain such license any and all security devices in or permit on the Premises in good working order, including, but not limited to, exterior door locks for the Premises and submit smoke detectors and burglar alarms located within the same Premises and shall cooperate with Landlord and other tenants in the Building with respect to inspection by Landlord. Tenantaccess control and other safety matters.
(f) As used herein, at Tenant's expensethe term “Hazardous Material” means any (a) oil or any other petroleum-based substance, shallflammable substances, at all timesexplosives, comply with radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (i) pose a hazard to the terms and conditions Building or to persons on or about the Land or (ii) cause the Building or the Land to be in violation of each license any Laws; (b) asbestos in any form, urea formaldehyde foam insulation, transformers or permit.other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemical, material or substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials”, “extremely hazardous waste”, “restricted hazardous waste”, or “toxic substances” or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive
Appears in 1 contract
Use of Premises. Section 3.01. The Premises shall be used and occupied for executive administrative and general and trading offices by Tenant, or affiliates, of Tenant and by and for permitted assignees, subtenants and licensees and uses ancillary thereto, including, without limitation, as a data center, cafeteria, document reproduction center, mail center, training room for employees, recreation room and similar uses and for no other purpose. Tenant agrees that it shall not use the premises Premises or any part thereof, or suffer or permit the premises Premises or any part thereof to be used, for any purpose purposes other than as set forth in the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions first sentence of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedSection 3.01.
Section 3.02. Tenant will agrees that it shall not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx suffer or permit the use of the premises Premises or any part thereof in any way which would violate any of the covenants, agreements, termsTerms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises Premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises therein which, in the reasonable judgment of Landlord, shall would in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or unreasonably interfere with any of the Building services systems or the proper and economic heating, cleaning, air conditioning or other similar servicing of the Building or the premisesPremises (to the extent that same or any of same are to be furnished to the Premises), or impair or interfere with or tend to impair or unreasonably interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the BuildingBuilding and which is customary in first class office buildings.
Section 3.03. Tenant shall not install any electrical or other equipment of any kind whichSubject to Landlord's obligation under this Lease, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If if any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other Tenant activity carried on it in the premisesPremises, Tenantand if the failure to secure such license or permit would in any way materially adversely affect Landlord, then Tenant at Tenant's sole cost and expense, shall duly procure and thereafter maintain such license or permit and submit the same and make the same available to inspection by Landlord. Tenant, at Tenant's sole cost and expense, shall, shall at all times, comply with the terms and conditions requirements of each such license or permit. Notwithstanding anything in this Lease to the contrary, Tenant shall not have any obligation to secure, or pay for, any license or permit for work which Landlord is responsible to perform in or about the Premises or the Building.
Section 3.04. Landlord represents that the Certificate of Occupancy attached hereto as Exhibit B is valid in full force and effect for the Building.
Section 3.05. Tenant shall have the right to name the Building during the Term and to place prominent signage in the lobbies of the Building and one exterior sign adjacent to the Park Avenue entrance to the Building and one exterior sign on each side of the entrance to Tenant's Lobby provided that such signage is tasteful and consistent with the first class nature of the Building and does not interfere or conflict with the first floor retail usage or signage. Except as provided herein, Landlord will not allow any exterior signage other than for the retail space.
Section 3.06. Tenant will have a dedicated entrance for its exclusive use (with the right and obligation to impose security measures and procedures using employees in labor harmony with employees of the Building at the lobby on the 00xx Xxxxxx side of the Building as shown in Exhibit A attached herein hereto constituting the Tenant's Lobby; all elevators, except the freight elevator, located on the eastern side of the Building shall be dedicated for Tenant's exclusive use as will be the one most westerly elevator on the Park Avenue side of the Building. At such time as Tenant occupies thirteen (13) floors of the Building, Tenant shall receive a second dedicated elevator on the Park Avenue side of the Building adjacent to the then dedicated elevator on the Park Avenue side. At such time as Tenant occupies fifteen (15) floors of the Building, Tenant shall receive a third dedicated elevator on the Park Avenue side of the Building adjacent to the then dedicated elevators and when Tenant occupies eighteen floors, Tenant will receive a fourth dedicated elevator on the Park Avenue side of the Building adjacent to the then dedicated elevators. At Tenant's request, all non-dedicated elevators shall be "locked off" so as not to service Tenant's floors.
Section 3.07. Tenant shall have the use of a 100 square foot area of the roof as shown on Exhibit F to install satellite dishes, antennae and other communication equipment without extra cost or charge and will further have shaft space from the telecommunication's points of entry in the basement to be made available to Tenant pursuant to Exhibit F to the portion of the roof as described in Exhibit F dedicated to Tenant (the Dedicated Shaft Space).
Section 3.08. Tenant shall have the right to use the fire stairs connecting the floors of the Premises as convenience stairs. Tenant may install an internal security system and shall tie such system into the Building's security and Class E systems.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx use or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind kind, which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's ’s business or other activity carried on it in the premises, Tenant, at Tenant's ’s expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each license or permit.
Appears in 1 contract
Samples: Store Lease
Use of Premises. Tenant Lessee hereby covenants to use and occupy the Premises for the sole and exclusive purpose of operating as set forth in Paragraph “F” on the cover page, and for no other use or purpose whatsoever without the Lessor’s prior written consent which may be withheld at the sole discretion of Lessor. Lessee covenants not to use or maintain the Premises in any unlawful manner or for any unlawful purposes, and shall promptly comply with any and all laws, ordinances, order, and regulations of any and all municipal, county, state, federal, and other governmental authorities that may pertain or apply to Lessee’s occupancy, use or business operations on the Premises at Lessee’s sole cost and expense, including, but not limited to, any and all energy or fuel conservation orders or regulations promulgated by any government authority. Notwithstanding anything to the contrary set forth hereinabove, Lessee shall not be obligated to make alterations to the Building or the Premises to comply with any such laws, ordinances, order, or regulations if same were promulgated on or before the Commencement Date, nor shall Lessee be obligated to make any alterations to comply with any such laws, ordinances, order, and regulations which are promulgated after the Commencement Date unless they are applicable to the Premises because of Lessee’s unique or particular type of use (as opposed to being applicable to occupied space in general) or as a result of any improvements, alterations, additions or improvements made by or on behalf of Lessee. Lessee shall, additionally, in its use of the premises Premises comply with the Rules and Regulations as set forth in Addendum C hereof, and as may be prescribed from time to time by Lessor for the safety and order of the Property so long as same are generally adopted for all tenants of the Building and Lessor shall use commercially reasonable efforts to enforce said rules and regulations. Lessee shall make no use whatever of the Premises that would cause an increase in the fire insurance rate applicable to the Building upon the commencement of the term of this Lease and shall not do or permit to be done any act or thing which might subject Lessor to any liability or responsibility for injury to any person or persons or to any property by reason of any business or operation being conducted on the Premises that is inconsistent with the ordinary activities of office tenants at the Building and in buildings comparable to the Building in the same market. Other than ordinary office and cleaning supplies, Lessee shall not bring any flammable material or substances or any part thereof, or permit the premises articles of a dangerous nature or any part thereof to be used, for any purpose heating or cooking units (other than small, non-commercial appliances installed in Lessee’s breakroom) into the Building or the Premises without the prior written consent of Lessor. No safes, heavy files, bookcases or other heavy equipment shall be allowed in the Building unless the weight, location and handling of the same is approved by the Lessor. Regardless of such approval, Lessee agrees to indemnify, defend and save Lessor harmless from all expenses and other damages, including attorneys fees and costs, incurred by Lessor resulting from the use hereinabove specifically mentionedor installation by Lessee of such heavy equipment in the Building, subject, however, to all which indemnification shall survive the covenants, agreements, terms, provisions and conditions expiration or earlier termination of this Lease. Those portionsLessee shall not cause or permit any noise or odor that is objectionable to the public, if any, to other occupants of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereofBuilding, or permit to Lessor, to emanate from the premises Premises and shall not create or maintain a nuisance thereon, and shall not disturb, solicit, or canvas any part thereof to be used or occupied, in violation occupant of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant Building, and shall not xxx or permit do any act tending to injure the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premisesPremises. Other than ordinary office and cleaning supplies, Lessee shall not use, create, store or permit any toxic or hazardous material anywhere on the Real Property. Without limiting the foregoing, Lessee shall not dispose of any toxic or other hazardous waste through the plumbing system in the Building, or impair or interfere with or tend to impair or interfere with through the use of any storm drainage system of the other areas Real Property, nor shall Lessee violate any requirements of the Building byFlorida Department of Environmental Regulation or the Florida Department of Health, or occasion discomfortany other governmental agency, inconvenience with respect to waste disposal, Lessee agrees to indemnify, defend and save Lessor harmless from all expenses and other damages incurred by Lessor as a result of improper waste disposal by Lessee, which indemnification shall survive the expiration or annoyance to, any earlier termination of the other tenants or occupants of the Buildingthis Lease. Tenant Lessee shall not install cause or maintain any electrical nuisance in or about the Premises, shall keep the Premises free of food or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience materials that will attract rodents or annoyance. Except as set forth in Article 1 hereof, Tenant will notvermin, and will not permit anyone toshall keep the Premises free of anything of a dangerous, sell noxious, or traffic in any spirituous liquorsoffensive nature or which could create a fire hazard (through undue load on electrical circuits or otherwise) or undue vibration, wineheat, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitnoise.
Appears in 1 contract
Samples: Lease Agreement (Ameripath Inc)
Use of Premises. Tenant Lessee shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant Leased Premises only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the general office space and all use of the premises Leased Premises shall comply with all laws, ordinances, orders, rules and regulations (including without limitation, the zoning classifications existing as of the Rental Commencement Date of any lawful governmental authority, agency or other public or private regulatory authority having jurisdiction over the Leased Premises. The Lessee shall use and occupy the Leased Premises in a careful, safe and proper manner and shall keep the Leased Premises in a clean and safe condition in accordance with this Lease Agreement. Without limiting the generality of the above provision, the Leased Premises shall not be used for the treatment, storage, use or disposal of toxic or hazardous waste or substances, or any part thereof other substance, that is prohibited, limited or regulated by any governmental or quasi- governmental authority. Notwithstanding the foregoing, Lessee shall have the right to use ordinary cleaning supplies and solvents in the ordinary course of business. Lessee shall save Lessor harmless from any penalties, fines, costs, expenses or damages resulting from failure so to comply. Lessee or Lessor shall not do any act or follow any practice relating to the Leased Premises which shall constitute a nuisance or detract in any way which would violate any from the reputation of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building Project as a first-first class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingoffice/warehouse development. Tenant Lessee's duties in this regard shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required include making arrangements at Lessee's expense for the proper storage and lawful conduct timely disposition of Tenant's business garbage and refuse, and allowing no noxious or other activity carried on it offensive odors, fumes, gases, smoke, dust, steam or vapors, or any loud or disturbing noise or vibrations to originate in or emit from the premisesLeased Premises. Lessee shall save Lessor harmless from any claims, Tenantliabilities, at Tenant's expensepenalties, shall duly procure and thereafter maintain such license fines, costs, expenses or permit and submit damages resulting from the same failure of Lessee to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms provisions of this Article VIII. Notwithstanding the foregoing provision of this Article VIII with respect to the exterior of the Buildings and conditions the Common Areas of each license or permitthe Project, Lessor shall comply with all laws, ordinances, orders, rules and regulations (including without limitation, the zoning classifications existing as of the Rental Commencement Date) of any lawful authority having jurisdiction over the Project.
Appears in 1 contract
Use of Premises. 6.1 Tenant shall not use and occupy the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, Premises only as specified in Item 11 of the premises which on the plan(s) attached hereto are shown as toilets Basic Lease Provisions and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or Premises for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit other purpose without the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment prior written consent of Landlord, which consent may be withheld at the sole reasonable discretion of Landlord. Notwithstanding the above, Tenant agrees, by way of example and without limitation, that it shall not be unreasonable for Landlord to withhold its consent to a proposed change of use if such use is incompatible with other the general office uses of other tenants in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or that the premisesproposed change of use would breach a covenant, condition or impair restriction in some other lease, financing agreement or interfere with or tend other agreement relating to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical , the Premises or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premisesthis Lease. If any governmental license or permit permit, other than a certificate of occupancy, shall be required for the proper and lawful conduct of Tenant's business in the Premises or other activity carried on it the premisesany part thereof, Tenant, at Tenant's its expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by LandlordLandlord for inspection. Tenant, at Tenant's expense, shall, Tenant shall at all times, times comply with the terms and conditions of each such license or permit. Tenant shall not use or occupy the Premises in violation of any law, statute, ordinance or any governmental rule, regulation or order (collectively "Law"), shall at its sole cost and expense, promptly comply with all Laws now in force or which may hereafter be in force and with all private restrictions and the requirements of any board of fire underwriters or similar body and shall, upon written notice from Landlord, promptly discontinue any use of the Premises which is declared to be a violation of Law by any governmental authority having jurisdiction. Tenant shall not at any time use or occupy the Premises in violation of the certificates of occupancy issued for the Building or the Premises, and in the event that the Premises are used or occupied in violation of such certificate or certificates of occupancy, any Law or any recorded covenants, conditions and restrictions affecting the Building, Tenant shall, upon ten (10) days' notice from Landlord or any governmental agency, immediately discontinue such use of the Premises (and otherwise immediately remedy such violation). The failure by Tenant to discontinue such use shall be considered a default under this Lease, and Landlord shall have the right to exercise any and all rights and remedies provided herein or by Law. Tenant, at its sole cost and expense, shall comply with any direction of any governmental authority having jurisdiction which shall impose any duty upon Tenant or Landlord with respect to the Premises or the use or occupation thereof, by reason of the nature of Tenant's use or occupancy of the Premises. Notwithstanding the above, in the event Tenant desires to use a portion of the Premises as a public or private restaurant, Landlord's consent to such use shall not be unreasonably withheld; provided however (i) such restaurant shall not exceed two thousand square feet (2000 sq. ft.), (ii) Landlord may reasonably restrict the hours of operation, and (iii) Tenant shall pay (in addition to Rent) for all costs associated with such restaurant including, without limitation, pest control, refuse, providing additional parking and compliance with ADA requirements, mitigation measures to reduce noise and odors, insurance requirements, increased wear and tear on Building systems, and charges resulting from increased utility use where not separately metered or sub-metered. Tenant acknowledges that (a) such a restaurant would be also subject to, among other things, approvals from parties other than Landlord, including without limitation, applicable governmental agencies, lenders encumbering the Building, and Landlord's insurance carriers (collectively, "Third Party Approvers"), and such approval may not be granted by such parties, (b) Landlord has not made any representations regarding the suitability of the Premises for such use, and (c) any such approved restaurant use shall be personal to Tenant and irrespective of Article 15 Tenant shall not sublease or assign its rights under this Lease with respect to any restaurant portion of the Premises. The build-out of a portion of the Premises for restaurant use shall be subject to Article 8, including without limitation, removal of improvement and equipment obligations.
6.2 Tenant shall not do or permit to be done anything which. will invalidate or increase the cost of any fire and extended coverage insurance policy covering the Building or property located therein. In addition to all other remedies of Landlord, Landlord may require Tenant to reimburse Landlord promptly upon demand for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions of this Section 6.2.
6.3 Tenant shall not in any way interfere with the rights or quiet enjoyment of other tenants or occupants of the Premises or the Building. Tenant shall not use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on or about the Premises or the Building. Tenant shall not place a load upon any portion of the Premises exceeding the structural floor load (per square foot of area) which such area was designated (and is permitted by Law) to carry or otherwise use any Building system in excess of its capacity or in any other manner which may damage such system or the Building. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's sole cost and expense, in locations and in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance. Tenant shall not commit or suffer to be committed any waste in, on, upon or about the Premises or the Building.
6.4 Landlord and Tenant acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. ss.12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA') establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises and the Building depending on, among other things:
(1) whether Tenant's business is deemed a "public accommodation" or "commercial facility", (2) whether such requirements are "readily achievable", and (3) whether a given alteration affects a "primary function area" or triggers "path of travel" requirements. The parties hereby agree that notwithstanding anything contained in this Lease to the contrary: (a) Landlord shall be responsible for ADA Title III compliance in the common areas of the Building except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease, (c) Landlord may perform, or require that Tenant perform and Tenant shall be responsible for the cost of, ADA Title III "path of travel" requirements triggered by alterations in the Premises, and (d) Landlord may perform, or require Tenant to perform, and Tenant shall be responsible for the cost of, ADA Title III compliance in the common areas of the Building necessitated by the Building being deemed to be a "public accommodation" instead of a "commercial facility" as a result of Tenant's use of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant's employees.
6.5 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, without limitation, (i) any material or substance which is defined or listed as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance" or "hazardous material" under any federal, state or local law, statute, ordinance or any governmental rule, regulation or order governing or in any way relating to the release, use, generation, handling, leakage, dumping, discharge or disposal of any of the above (collectively, "Hazardous Material Laws")
Appears in 1 contract
Use of Premises. Tenant shall not use the premises Premises only for the Permitted Use. Tenant will not occupy or any part thereofuse the Premises, or permit any portion of the premises or any part thereof Premises to be occupied or used, for any business or purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease Permitted Use or for any unlawful purposes use or purpose which is unlawful, in part or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used whole, disreputable in any manner manner, or extra hazardous on account of fire, nor permit anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, which shall in any way impair cause substantial noise, vibrations, fumes, or tend to impair increase the character, reputation or appearance rate of insurance on the Building or contents or cause any cancellation of any insurance policy covering the Building or any portion of its contents; and in the event that there shall be any increase in the rate of insurance on the Building or contents created by Tenant's acts or conduct of business, Tenant hereby agrees to pay to Landlord the amount of such increase on demand. Tenant will conduct its business and control its agents, employees and invitees in such a manner as a first-class office buildingnot to create any nuisance, impair or nor interfere with or tend to impair or interfere with any disturb the possession of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants Landlord in the management of the Building. Tenant shall not install any electrical open the Premises for business to the public on or other equipment of any kind whichbefore the Rent Commencement Date and thereafter operate the entire Premises during the Lease Term for the Permitted Use in a high-class and reputable manner, maintaining at all times in the judgment Premises a staff of employees. Except as provided herein, Tenant shall not, without the prior written consent of Landlord, might cause which may be granted or withheld in Landlord's sole discretion, but which granting or withholding shall not be unreasonably delayed, paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of any type on or about the Premises or any part thereof. All signs installed by Tenant shall be removed by Tenant at its expense upon the expiration or sooner termination of this Lease. Notwithstanding the foregoing, Tenant shall have the right from time to time and at any time to install and thereafter change displays in the windows of the Premises, provided that Tenant shall give Landlord written notice of any such impairmentinstallation or change thereto promptly after the occurrence thereof, interferenceand further provided that Landlord shall have the right, discomfortupon written notice to Tenant, inconvenience to require that Tenant remove any display or annoyanceportion thereof that Landlord, in its sole discretion, determines to be offensive or otherwise unacceptable. Except as set forth in Article 1 hereofImmediately upon receipt of any such notice, Tenant will not, and will not permit anyone to, sell shall remove the displays or traffic portions thereof as required in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitnotice.
Appears in 1 contract
Use of Premises. Tenant shall not use the premises The leased Premises, or any part thereof, shall not be used by anyone except the Tenant, its invitees, customers and employees and shall be used or permit the premises or any part thereof permitted to be usedused for no use other than the Use described in Article IA(5) above. Tenant acknowledges and agrees with Landlord that the Premises should be maintained and preserved consistent with a prestigious and first class office Building and that its special character arising from its location should be specifically protected and preserved. Tenant therefore represents that it is not leasing the Premises, and it will not use such Premises , for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of that provided in this Lease. Those portions, if any, Tenant further agrees that Landlord reasonably may refuse to consent to the assignment of this Lease or the subletting of the premises which on Premises for any of the plan(s) attached hereto are shown as toilets and utility areas shall be used following prohibited uses: an educational facility of any type including correspondence schools, employment agencies, model agencies, spas, health, physical fitness or exercise salons, small loan offices, real estate brokers, residential land development offices, dentist or other professions or businesses that by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises their nature tend to generate excess customer traffic or any other use which Landlord in good faith determines will or is likely to demean the character of the Building or its environment, and such refusal shall not be considered unreasonable. Moreover, Tenant specifically agrees that Landlord's leasing of any portion of the Building of which the Premises are a part thereof, for any of the foregoing prohibited uses shall not constitute or permit be deemed to constitute a waiver of Landlord's right to prohibit Tenant from assigning or subletting the premises leased Premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingsuch prohibited use. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, without the prior written consent of Landlord, permit the preparation, dispensing or serving of any beverages and/or foods within the leased Premises, except that this shall not prohibit the consumption of hot and will not permit anyone to, sell cold beverages or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct consumption of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitsandwiches.
Appears in 1 contract
Use of Premises. (a) Tenant may use, occupy and operate the Premises in accordance with the use clause set forth in the Rider. Tenant agrees at all times during the Lease Term and any extensions thereof to comply with all applicable laws affecting the use of the Premises.
(b) Tenant acknowledges and agrees that the precise location of equipment of the Premises in the Building, to the Building or between and among floors, both at the commencement of Tenant’s occupancy and as same may be modified, expanded or adjusted from time-to-time after initial occupancy, shall be in conformity with plans and specifications which have been approved in writing in advance by the Landlord, in Landlord’s sole discretion, and shall otherwise be in accordance with Building operating regulations. With respect to the location of equipment within the Premises, Landlord shall have the right to review and approve such initial placement and any relocation thereof, with such approval not to be unreasonably withheld or delayed.
(c) Tenant shall not use the premises Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to Landlord or any part thereofother tenant of the Building, or permit in any manner that will increase the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions number of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only parking spaces required for the purposes for which they are designedBuilding at full occupancy or otherwise as required by law. Tenant will shall not at generate, use, store, or dispose of any time materials posing a health or environmental hazard in or about the Building, nor use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used Premises in any manner or anything to be done therein or suffer or permit anything to be brought into or kept which may result in the premises which, an increase in the judgment of Landlord, shall ’s insurance premiums payable in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants respect of the Building. Tenant shall comply with and conform to all present and future laws, ordinances, regulations and orders of all applicable governmental or quasi-governmental authorities having jurisdiction over the Premises, including those concerning the use, occupancy and condition of the Premises and all machinery, equipment and furnishings therein. The party installing the initial leasehold improvements described in Exhibit D hereto shall obtain the initial certificate of occupancy for the Premises. Any amended or substitute certificate of occupancy necessitated by Tenant’s particular use of the Premises or any Alterations made by Tenant in the Premises shall be obtained by Tenant at Tenant’s sole expense. (The foregoing sentence shall not install be construed as to constitute the consent of the Landlord for any electrical Alterations of the Premises.) Use of the Premises is subject to all covenants, conditions and restrictions of record.
6.2 Tenant shall pay, within thirty (30) days of notice thereof, but in any event before delinquency, any business, rent or other equipment taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of any kind whichthe Premises, the conduct of Tenant’s business in the judgment of LandlordPremises or Tenant’s equipment, might cause any such impairmentfixtures, interferencefurnishings, discomfort, inconvenience inventory or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premisespersonal property. If any governmental license such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant shall pay to Landlord as Additional Rent the amount of such tax or fee within thirty (30) days of its having been assessed, but in no event in a fashion as to constitute a delinquency in the payment of such taxes, fees or assessments. Tenant shall also promptly pay any sales tax and/or other local tax now or hereafter in existence that is imposed. Any sales tax on rent shall be paid by Tenant to Landlord simultaneously with the monthly payment of Base Rent. Any such tax obligation shall be deemed Additional Rent.
(a) Tenant shall not cause or permit any Hazardous Materials to be generated, used, released, stored or disposed of in or about the Building. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws except to the extent any Hazardous Materials or violation of Environmental Laws was caused by the conduct or actions of Landlord or its agents or employees. “Hazardous Materials” means (a) asbestos and any asbestos containing material and any substance that is then defined or listed in, or otherwise classified pursuant to, any Environmental Law or any other applicable Law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “infectious waste,” “toxic substance,” “toxic pollutant” or any other formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, or Toxicity Characteristic Leaching Procedure (TCLP) toxicity, (b) any petroleum and drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources, and (c) any petroleum product, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive material (including any source, special nuclear, or by-product material), medical waste, chlorofluorocarbon, lead or lead-based product, and any other substance whose presence could be required for detrimental to the proper Building or the Land or hazardous to health or the environment. “Environmental Law” means any present and lawful conduct future Law and any amendments (whether common law, statute, rule, order, regulation or otherwise), permits and other requirements or guidelines of Tenant's business governmental authorities applicable to the Building or other activity carried on it the premisesLand and relating to the environment and environmental conditions or to any Hazardous Material (including, Tenantwithout limitation, at Tenant's expenseCERCLA, shall duly procure 42 U.S.C. § 9601 et seq., the Resource Conservation and thereafter maintain such license Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Air Act, 33 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., the Emergency Planning and Community Right-To-Know Act, 42 U.S.C. § 1101 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., and any so-called “Super Fund” or permit “Super Lien” law, any Law requiring the filing of reports and submit notices relating to hazardous substances, environmental laws administered by the same to inspection by LandlordEnvironmental Protection Agency, and any similar state and local Laws, all amendments thereto and all regulations, orders, decisions, and decrees now or hereafter promulgated thereunder concerning the environment, industrial hygiene or public health or safety). Tenant, at Tenant's expensehowever, shallmay use and dispose of traditional office supply materials, at all timescommonly used in the ordinary course of business, comply with the terms so long as such use and conditions disposal is not in contravention of each license Federal or permitFlorida State law.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Use of Premises. (A) Tenant hereby covenants and agrees the Premises shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, used for any purpose other than for the following purposes: Retail and office use hereinabove specifically mentionedand automotive uses as allowed by law.
(B) Tenant, subjectat its own expense, howevershall comply with and carry out promptly, all orders, requirements or conditions imposed by the ordinances, laws and regulations of the United States, Maryland and of all other governmental authorities having jurisdiction over the Premises or Tenant, which are occasioned by or required in the conduct of Tenant’s business in the Premises, including but not limited to all environmental laws and regulations now or hereafter promulgated relative thereto. Tenant shall further comply with the covenantsAmericans with Disabilities Act of 1990 (ADA) and any amendment to ADA, agreementsas well as applicable state land local laws, termsregulations and ordinances regarding access to, provisions employment of, and conditions of this Leaseservice to individuals covered by the ADA. Those portionsThe compliance with ADA will include, if anybut not be limited to, the design, construction and Alterations of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedPremises. Tenant will not at indemnify Landlord and save it harmless from all penalties, claims and demands, resulting from any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesnoncompliance. Tenant shall not xxx be responsible for obtaining and shall promptly obtain at its sole cost and expense all licenses, permits, certificates of occupancy, variances, special exceptions or permit the use any other permission necessary for its use, occupancy, repairs and subject to Section 8, signs, and subject to Section 9, Alterations of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Premises by Tenant as contemplated herein.
(C) Tenant shall not suffer or permit the premises Premises or any part portion thereof to be used by the public without restriction or in such a manner as might reasonably tend to impair Landlord’s title to the Premises, or any portion thereof, or in such manner as might reasonably make possible a claim of adverse usage or anything to adverse possession by the public, as such or of implied dedication of the Premises or any portion thereof Tenant hereby expressly recognizes that in no event shall it be done therein or suffer or permit anything to be brought into or kept in deemed the premises which, in the judgment agent of Landlord, shall in any way impair or tend to impair the character, reputation or appearance and no contractor of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install by virtue of its contract be entitle to assert any electrical lien against the Premises or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permit’s interest therein.
Appears in 1 contract
Use of Premises. A. The premises shall be used and occupied only for the permitted use described in the Preamble to this Lease and for no other use or purpose. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any certificate of occupancy for the Building or premises (which Landlord represents permits the permitted use hereunder), or any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the reasonable judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to materially impair or interfere with any of the Building services or the proper and economic economical heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to materially impair or interfere with the use of any of the other areas of the Building by, or occasion unreasonable discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. .
B. If any governmental license or permit (other than the certificate of occupancy required to be obtained by Landlord pursuant to Article 6 hereof, if required by the applicable municipality) shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it in the premisespremises (other than the permitted use hereunder), and if the failure to secure such license or permit would, in any way, affect Landlord, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each such license or permit.
C. If by reason of failure of Tenant to comply with the provisions of this Lease, including but not limited to the manner in which Tenant uses or occupies the premises (other than the permitted use hereunder), the insurance rates shall at the commencement of the term or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for that part of all insurance premiums thereafter paid or incurred by Landlord, which shall have been charged because of such failure or use by Tenant, and Tenant shall make such reimbursement within twenty (20) days following the billing to Tenant of such additional cost by Landlord.
D. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be entitled to use of the Premises during and after Business Hours (as defined in Article 10), without any extra hours charges for such use. However, the foregoing shall not relieve the Tenant from paying the extra hour charges for HVAC services identified in, and as requested by Tenant, pursuant to Article 10G.2, below. Tenant acknowledges that certain of the Building Base Services to the Common Areas will be limited at times other than Business Hours. By way of example, but not limitation, the lighting in Common Areas is reduced by approximately one-half (1/2) during non-Business Hours.
Appears in 1 contract
Samples: Lease Agreement (Qmed Inc)
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only as described above in Item 1, Section D, and for no other purpose without the purposes for which they are designedprior written discretionary consent of Landlord. Tenant shall not do or permit to be done in or about the Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will not at in any time use way conflict with any law, statute, ordinance or occupy governmental rule or regulation now in force or which may hereafter by enacted or promulgated, or which is prohibited by any standard form of fire insurance policy or will in any way increase the premises existing rate of or affect any fire or their insurance upon the Building or any part thereofof its contents, or permit cause a cancellation of any insurance policy covering the premises Building or any part thereof to be used or occupied, in violation any of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesits contents. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises which, in the judgment of Landlord, shall Premises which will in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. , or injure or annoy them or use or allow to be used the Premises for any improper, immoral, unlawful or objectionable purpose (as determined by Landlord); nor shall Tenant shall not install cause, maintain, or permit any electrical nuisance (as determined by Landlord or other equipment of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer by law) in or from about the premises Premises or carry on commit or suffer to be committed any manufacturing in waste in, on, or about the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlord. Tenant, at Tenant's ’s expense, shall, at all times, shall comply with all laws, rules, orders, statutes, ordinances, directions, regulations and requirements of all federal, state, county and municipal authorities pertaining to Tenant’s use of the terms Premises and with the recorded covenants, conditions and restrictions pertaining thereto, regardless of each license when they become effective or permitapplicable, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, hazardous material, waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and with any direction of any public officer or officials which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Unilens Vision Inc)
Use of Premises. (a) Subject to the provisions hereof, Tenant shall not have access to the Premises twenty four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. To the extent permitted by applicable law, including applicable zoning ordinances, and laws pertaining to the sale of alcoholic beverages, Tenant may occupy and use the premises Premises for general office, storage, warehousing and distribution purposes, product processing and other incidental uses, and for no other purpose without the consent of Landlord (which consent shall not be unreasonably withheld, conditioned or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioneddelayed), subject, however, to all the terms and provisions of any covenants, agreementseasements, termsconditions or restrictions which affect the use of the Premises. Provided, provisions and conditions however, that notwithstanding any other provision of this Lease. Those portions, and subject to Tenant obtaining all necessary licenses therefor, Tenant shall be permitted to utilize the Premises for the on- site retail sale of alcoholic beverages, but only if anyand to the extent that such on-site distribution is necessary in order to permit Tenant to obtain the necessary governmental approvals to distribute alcoholic beverages off site; Tenant shall not be permitted to advertise or otherwise promote such on-site sale, nor utilize any larger portion of the premises which on Premises or the plan(s) attached hereto are shown as toilets and utility areas shall be used by Tenant only for the purposes for which they are designedProperty than is reasonably necessary in order to obtain such governmental approvals. Tenant will shall not at Permit any time unlawful occupation, business or trade to be conducted on any of the Premises or any use to be made thereof contrary to applicable laws or regulations. Tenant shall not use or occupy the premises or any part thereof, or permit any of the premises or any part thereof Premises to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer nor do or permit anything to be brought into done in or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with on any of the Building services Premises, in a manner which would (i) violate any certificate of occupancy affecting any of the Premises, (ii) make void or voidable any insurance then in force with respect to any of the proper and economic heatingPremises, cleaning, air conditioning (iii) make it difficult or impossible to obtain fire or other servicing insurance which is required hereunder, or cause the cost of maintaining such insurance to increase, (iv) cause structural damage to the Building, or (v) constitute a public or private nuisance or waste.
(b) As part of its obligation to comply with laws and other requirements under Paragraph 5(a) of this Lease, Tenant shall not (either with or without negligence), in violation of any law, generate, use, store, or cause or permit the escape, disposal or release of any Hazardous Materials in or about the Building or the premisesProperty or the Premises. Hazardous Materials shall mean (a) "hazardous wastes", as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, (b) "hazardous substances", as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, (c) "toxic substances", as defined by the Toxic Substances Control Act, as amended from time to time, (d) "hazardous materials", as defined by the Hazardous Materials Transportation Act, as amended from time to time, (e) any applicable state or local laws and the regulations adopted under these acts, as amended from time to time, (f) oil or other petroleum products whether refined or unrefined, (g) any highly combustible substance and (h) any substance whose presence in Landlord's reasonable judgment could be detrimental to the Building or the Property or the Premises or hazardous to health or the environment. Notwithstanding the above, Tenant may, store and handle, in strict compliance with all applicable laws and regulations: (i) reasonable quantities of customary janitorial supplies that may contain Hazardous Materials, (ii) packaged goods intended for resale to customers, such as, but not limited to, hairspray, household cleaners, automotive products, antifreeze, dog food, plant fertilizer and other items customarily sold to customers in a grocery, food or drug store, and (iii) standard office products that may contain Hazardous Materials (such as photocopy toner, "White Out" and the like). If any lender or governmental agency shall ever require testing to ascertain whether or not here has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent if such requirement applies to the Premises if the requirement for such testing results from Tenant's activities at the Building or on the Property. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Materials in the Premises. In all events, Tenant shall indemnify and hold Landlord harmless of and from any and all costs and expenses of any nature arising from the release of Hazardous Materials in the Premises occurring while Tenant is in possession, or impair elsewhere on the Property and any adjacent real estate owned by Landlord, if caused by Tenant or interfere persons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the Lease. Landlord warrants that to the best of its knowledge, information and belief, the Premises, Building and Property shall, as of the commencement of the Early Access Period, be free and clear of Hazardous Materials, except for those materials used in accordance with or tend to impair or interfere applicable law in connection with the use of any of the other areas construction of the Building byShell.
(c) If Tenant fails to comply with any applicable law or regulation or if Landlord reasonably believes the violation of any law or regulation is threatened, excluding the exceptions set forth in Paragraph 5(b), Landlord shall have the right (but not the obligation) following thirty (30) days notice to Tenant unless Tenant commences to act during or occasion discomfortprior to such period, inconvenience and diligently pursues the cure of such failure to comply (unless such failure or annoyance tothreatened failure causes imminent threat to life or property in which case no notice is required), any to act in place of Tenant and to take such action as it may deem necessary or desirable to ensure compliance or to mitigate, xxxxx or correct the other tenants violation or occupants of the Buildingthreatened violation. Tenant shall not install any electrical or other equipment All costs of any kind whichwhatsoever incurred by Landlord in connection therewith, in including consultants' and reasonable attorneys' fees, shall be payable on demand, shall bear interest at the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notdefault rate until paid, and will not permit anyone toshall constitute Additional Rent.
(d) Tenant shall indemnify, sell or traffic in defend and hold Landlord harmless from and against any spirituous liquorsand all claims, winelosses, ale or beer in or damages, liabilities, cost and expenses, including attorneys' fees, arising from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same failure to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with all applicable laws and regulations. The foregoing provisions shall survive the terms expiration or earlier termination of this Lease.
(e) Landlord represents that as of the date of this Lease, the Building is zoned PD-IP (Planned Development-Industrial Park) in Loudoun County, with a special exception for office and conditions of each license or permitwarehouse uses, and is subject to the 1972 Zoning Ordinance for such County.
Appears in 1 contract
Samples: Deed of Lease (Homegrocer Com Inc)
Use of Premises. (a) Tenant shall not use and occupy the premises or any part thereof, or permit Premises for a cafeteria and banquet facility serving food and beverages and related food service preparation purposes and for no other purpose except as otherwise specifically permitted pursuant to Section 13. For the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions purposes of this Lease. Those portionsSection 3, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas Tenant shall be used by Tenant only for the purposes for which they are designeddeemed to include Tenant’s permitted subtenants, assigns and occupants. Tenant will not at With respect to any time use or occupy the premises or permitted under this Section 3, any part thereof, or permit the premises or any part thereof to be used or occupied, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant such use shall not xxx or permit the use of the premises or any part thereof in any way which would violate any laws or requirements of the covenantspublic authorities, agreementsconstitute a public or private nuisance, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend cause physical discomfort to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. , interfere with the operation of the Building or the maintenance of same as a first-class office building, or violate any of Tenant’s other obligations under this lease.
(b) Tenant shall not install cause or permit to occur:
(i) any electrical or other equipment violation of any kind whichpresent or future federal, state or local law, ordinance or regulation related to environmental conditions in or about the judgment of LandlordPremises, might cause any such impairmentincluding, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will but not permit anyone limited to, sell improvements or traffic alterations made to the Premises at any time by Tenant, its agents or contractors, or
(ii) the use, generation, release, manufacture, refining, production, processing, storage or disposal of any “Hazardous Substances” (as hereinafter defined) in any spirituous liquorsor about the Premises, wine, ale or beer in the transportation to or from the premises or carry on Premises of any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by LandlordHazardous Substances. Tenant, at Tenant's its expense, shall, at all times, shall comply with each present and future federal, state and local law, ordinance and regulation related to environmental conditions in or about the terms Premises or Tenant’s use of the Premises, including, without limitation, all reporting requirements and conditions the performance of each license any cleanups required by any governmental authorities. Tenant shall indemnify, defend and hold harmless Landlord, its beneficiary, and their respective agents, contractors and employees from and against all fines, suits, claims, actions, damages, liabilities, costs and expenses (including attorney’s and consultants’ fees) asserted against or permitsustained by any such person or entity arising out of or in any way connected with Tenant’s failure to comply with its obligations under this Paragraph 3(c), which obligations shall survive the expiration or termination of this Lease.
Appears in 1 contract
Use of Premises. Tenant shall not use the premises or any part thereof, or permit the premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises which on the plan(s) attached hereto are shown as toilets and utility areas The Premises shall be used by Tenant only as described above in Item 1, Section (d), and for no other business or purpose whatsoever without the purposes for which they are designedprior written discretionary consent of Landlord. Tenant shall not do or permit to be done in or about the Premises or Building, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by, or will not at in any time use way conflict with, any law, statute, ordinance or occupy governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which is presently or hereafter prohibited by any standard form of fire insurance policy or will presently or hereafter in any way increase the premises existing rate of or affect any fire or other insurance upon the Building or any part thereofof its contents, or permit presently or hereafter cause a cancellation of any insurance policy covering the premises Building or any of its contents, or presently or hereafter cause a cancellation of any insurance policy covering the Building or any part thereof to be used or occupied, in violation any of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesits contents. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer or permit the premises or any part thereof to be used in any manner or anything to be done therein or suffer do or permit anything to be brought into done in or kept in about the premises whichPremises or Building, in the judgment of Landlord, shall which will presently or hereafter in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing of the Building or the premises, or impair or interfere with or tend to impair obstruct or interfere with the use rights of any other Tenants of the other areas of the Building byBuilding, or occasion discomfortinjure or annoy them or use or allow to be used the Premises or Building for any improper, inconvenience immoral, unlawful or annoyance toobjectionable purpose (as determined by Landlord); nor shall Tenant cause, maintain, or permit any of nuisance (as determined by Landlord or by law) in or about the other tenants Premises or occupants of commit or suffer to be committed any waste in, on, or about the Premises or Building. Tenant shall not install any electrical be responsible for all losses and damages to Landlord as a result of Tenant’s failure to use, occupy and surrender the Premises or other equipment Building in strict accordance with the contents of any kind which, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notthis Lease, and will not permit anyone to, sell such responsibility shall survive the expiration or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct earlier termination of Tenant's business or other activity carried on it the premises, Tenant, at Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit the same to inspection by Landlordthis Lease. Tenant, at Tenant's ’s expense, shall, at all times, shall comply with all laws, rules, orders, statutes, ordinances, directions, regulations and requirements of all federal, state, county and municipal authorities pertaining to Tenant’s use and occupancy of the terms Premises or Building and with the recorded covenants, conditions and restrictions pertaining thereto, regardless of each license when they become effective or permitapplicable, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, Hazardous Materials, waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and with any direction of any public officer or officials which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Premises. For the purposes of this Item 5, the term “Tenant” includes Tenant’s agents, employees, principals, officers, successors, assigns, subtenants, invitees, contractors and consultants.
Appears in 1 contract
Use of Premises. 3.1. The Tenant shall not use not, except with the premises prior consent of the Landlord, use, or any part thereof, suffer or permit the premises use of, the Premises or any part thereof to be used, for any purpose other than the use hereinabove specifically mentioneduses permitted in Article One, subjectprovided, however, to all that (a) the covenants, agreements, terms, provisions and conditions of this Lease. Those portions, if any, of the premises Premises which on the plan(s) attached hereto are shown as toilets and or utility areas shall be used by the Tenant only for the purposes for which they are designed. Tenant will not at any time use or occupy designed and (b) the premises or any part thereofportions, or permit if any, of the premises or any part thereof to Premises which are storage areas shall be used or occupied, in violation of the certificate of occupancy (temporary or final) issued only for the Building and/or the premisesstorage purposes.
3.2. The Tenant shall not xxx use, or suffer or permit the use of of, the premises Premises or any part thereof in any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease manner or for any unlawful purposes purpose or in any unlawful manner and Tenant shall not suffer do, bring or permit the premises or any part thereof to be used in any manner or anything to be done therein keep anything, or suffer or permit anything to be done, brought into or kept kept, therein (including, without limitation, the installation or operation of any electrical, electronic or other equipment) which (a) would violate any provision of this Lease or is unlawful or in contravention of the Certificate of Occupancy for the Building, or (b) in the premises which, in the reasonable judgment of Landlord, shall the Landlord may in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, impair or interfere with or tend to impair or interfere in any material respect with any of the Building services or the proper and economic heating, cleaningair conditioning, air conditioning cleaning or other servicing of the Building or the premises, Premises or impair or interfere with or tend to impair or interfere with the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any other tenant of the other tenants Building or occupants impair the appearance of the Building. The Tenant shall not install use, or suffer or permit the use of, the Premises or any electrical part thereof in any manner, or other equipment of any kind do, or suffer or permit the doing of, anything therein or in connection with the Tenant's business or advertising which, in the reasonable judgment of the Landlord, might cause may be prejudicial to the business of the Landlord or the reputation of the Landlord or the Building or reflect unfavorably on the Landlord or the Building or confuse or mislead the public as to any connection or relationship between the Landlord and the Tenant; provided, however, that nothing in this Section 3.2 or elsewhere in this Lease shall be construed to give the Landlord any rights regarding the content of the programming broadcast from the Premises; provided further, however, that, with respect to the content of the programming broadcast from the Premises, the Tenant shall be and remain liable for, and shall indemnify, and save harmless, the Indemnitees from and against, all liability (statutory or otherwise), losses, claims, suits, demands, damages, judgments, costs, interest and expenses (including reasonable counsel fees and disbursements incurred in the defense thereof) to which any Indemnitee may be subject or suffer directly relating to, or directly arising out of, the content of any programming broadcast from the Premises, except to the extent that any of such impairmentliability, interferencelosses, discomfortclaims, inconvenience suits, demands, damages, judgments, costs, interest or annoyanceexpenses directly relates to, or directly arises out of, a risk of a nature and in a degree which is attendant to the use of office space in the Building for executive, clerical, general and administrative offices, and for which the Tenant is not otherwise liable under this Lease.
3.3. Except as set forth Unless otherwise specifically provided in Article 1 hereofthis Lease, the Tenant will notnot use, or suffer or permit the use of, the Premises or any part thereof for any of the following purposes, whether or not incidental to the Tenant's business, namely: (a) manufacturing of any kind, (b) the sale of any item whatsoever (provided, however, that nothing contained in this clause (b) shall prohibit the Tenant from consummating sale(s) transactions at the Premises for delivery of goods from a remote location), (c) an auction of any kind, (d) the hosting of so-called "studio audiences", or (e) the preparation, dispensing or consumption of food or beverages, except, (i) that parts of the Premises may be used as pantries and lunchrooms for employees of the Tenant and for the installation and operation of food and beverage vending machines, and the Tenant may avail itself of the use of catering service in the Premises, upon the condition in each case that (A) no cooking or other preparation of food (other than the reheating of food by microwave or the preparation of beverages) shall be done in the Premises, (B) no food or beverages will be kept or served in the Premises in a manner or under any conditions which shall be the occasion for fumes or odors being emitted from, or detectable outside of, the Premises, (C) such parts of the Premises shall be at all times maintained by the Tenant in a clean and sanitary condition and free of refuse (including use of extermination services whenever required), and (D) the Tenant will keep the plumbing and sanitary systems and installations serving such parts of the Premises to the points they connect with the main vertical risers and stacks of the Building in a good state of repair and operating condition, and (ii) if the cafeteria currently operated by XxXxxx-Xxxx on the C-1 level of the Building, or any replacement of such cafeteria operated for the benefit of all tenants of the Building (in either case, the "Building Cafeteria"), ceases to operate, or if the Tenant is denied access thereto (other than a temporary denial of access resulting from the performance of alterations to the Building Cafeteria or a fire or other casualty, or a denial of access resulting from Tenant's failure or refusal to enter into the standard license or user agreement for the Building Cafeteria on terms that are not permit anyone less favorable than the terms generally made available to all tenants in the Building of comparable size (other than XxXxxx-Xxxx or Xxxxxxxxxxx Group, Inc.), or pay the license or user fee thereunder), then, anything in Section 3.3(e)(1)(A) above to the contrary notwithstanding, in connection with, and incidental to, sell or traffic the Tenant's use of the Premises for the purposes permitted under Section 1.3.1 above, and at the Tenant's sole cost and expense, a portion of the Premises, not exceeding 10,000 rentable square feet in any spirituous liquorsarea may be used for the installation and operation of a cafeteria (including a kitchen) for the preparation and dispensing of food for, wineand the consumption of food by, ale or beer in or from the premises or carry on any manufacturing Tenant's employees who have offices in the premisesBuilding and their invitees (but not other tenants in the Building or the general public), provided, and upon the express conditions that, (A) in connection with the installation and operation of such cafeteria, the Tenant shall comply with all applicable Requirements and the provisions of this Lease (including, without limitation, the provisions of Section 6.1(e) below) and with all other reasonable requirements and regulations that the Landlord may adopt from time to time, (B) the Tenant shall obtain, at the Tenant's sole cost and expense, any and all required permits, licenses and certificates for such incidental use (including, without limitation, any amendment to the Building certificate of occupancy necessitated by such incidental use), and (C) the Tenant shall pay for any necessary extermination, for the installation of all flues, vents, grease traps and Ansul systems and other similar equipment as Landlord shall reasonably require and for all cleaning of such space (it being understood that Landlord's provision of cleaning services pursuant to Section 20.1(e) below shall not apply to the use of the Premises, or any portion thereof, for such cafeteria use). In addition, if the Landlord or any designee of the Landlord operates the Building Cafeteria, then, subject to the execution by Tenant of the standard license or user agreement for the Building Cafeteria on terms that are not less favorable than the terms generally made available to all tenants in the Building of comparable size, and the payment of the applicable license or user fee thereunder, the Tenant shall be permitted access thereto on a non-exclusive basis with other tenants of the Building.
3.4. If any governmental license license, permit or permit certificate shall be required for the proper and lawful conduct of Tenant's any business or other activity carried on it in the premisesPremises or in or from any of the Licensed Spaces (including, without limitation, (a) any license, permit or certificate required to be obtained from the Federal Communications Commission for the conduct of the Tenant's business or for the operation of the Satellite Transmission System, and (b) any amendment to the certificate of occupancy for the Building necessitated by (i) the use of the Office Space, or any portion thereof, as a studio for the broadcasting of live and/or pre-recorded radio programming and/or the recording of radio programming for future broadcasting, (ii) the use of the Premises, or any portion thereof, for radio broadcasting and/or the providing of radio broadcast services or (iii) the installation, use, operation or maintenance of the Satellite Transmission System, the Emergency Generator System or the Auxiliary Chillers) and, if the failure to secure such license, permit or certificate would, in any way, adversely affect the Landlord, the Tenant shall, at the Tenant's sole cost and expense, shall duly promptly procure and thereafter maintain such license license, permit or permit and certificate, submit the same to inspection by Landlord. Tenantthe Landlord for inspection, at Tenant's expense, shall, at all times, and comply with the terms and conditions thereof, and in no event shall Tenant conduct any such business or other activity at the Premises until a validly issued license, permit or certificate therefor has been duly obtained. Anything in this Section 3.4 to the contrary notwithstanding, it shall be the Landlord's obligation to maintain the certificate of occupancy for the Building with respect to use of the Office Space as executive, clerical, general and administrative offices. With respect to any application for any governmental license, permit or certificate required to be obtained hereunder by Tenant, upon the request of the Tenant, the Landlord, at the Tenant's sole cost and expense, shall (y) join in the application therefor and shall sign such application reasonably promptly after request by the Tenant, provided and on the express conditions that the provisions of the applicable Requirement require the Landlord to join in such application and such application relates to (1) the performance by the Tenant of Alterations in accordance with the terms of this Lease or (2) the ability of the Tenant to use the Premises for the purposes permitted under this Lease, or (3) such application is otherwise reasonably acceptable to the Landlord and (z) otherwise cooperate with the Tenant in obtaining such license, permit or certificate. In addition, if the existence of any violation of any Requirement by reason of any act or omission of the Landlord which is curable by the Landlord (and which is not due, in part, to any act or omission of any Tenant Party), prevents the Tenant from obtaining any governmental license, permit or certificate (including, without limitation, a temporary permit, approval or certificate) required for the legal use by the Tenant of the Premises for the purposes permitted in this Article Three, and the Tenant does not use the Premises, and if such violation is not cured by the Landlord for a period of ten (10) business days after the Landlord's receipt of notice thereof from the Tenant, then, the fixed rent payable hereunder shall be abated in an amount equal to one (1) day's fixed rent for each license day after the expiration of such ten (10) business day period that the Landlord fails to cure such violation, and the conditions described in subclauses (A) and (B) of this Section 3.4 remain in effect.
3.5. Neither the Tenant nor any occupant of the Premises shall use the words "Rockefeller" or permit"Center", or any combination or simulation thereof, for any purpose whatsoever, including (but not limited to) as or for any corporate, firm or trade name, trademark or designation or description of merchandise or services, except that the foregoing shall not prevent the use, in a conventional manner and without emphasis or display, of the words "Rockefeller Center" as part of the Tenant's business address. Neither the Tenant nor any occupant of the Premises shall use the name of the Building or the name of the entity for which the Building is named or any part or abbreviation (including initials) of either such name except that the foregoing shall not prevent the use of the name of the Building or any part thereof, in a conventional manner and without emphasis or display, as a part of the Tenant's or such occupant's business address or by reference in the ordinary course of its business.
Appears in 1 contract
Samples: Lease Agreement (Cd Radio Inc)
