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 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. 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 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. 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. (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. (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. 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 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. 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 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 (Cet Environmental Services Inc), Lease Agreement (Gametech International 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. 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 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 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 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. 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. 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. 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. 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. 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. (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 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. 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 (Smith & Wollensky Restaurant Group Inc), Lease Agreement (New York 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. (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. 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 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 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. 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. (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. 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. (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. 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. 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 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. 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. (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. (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 (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. 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. A. Tenant shall not may use the premises Off-Site Properties 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 Agreement 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 Off-Site Properties 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 Agreement Term.
C. Landlord further agrees that from and after the date the parties execute this Agreement, 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 to be used, for any purpose other than regulation affecting the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions of this LeasePremises. 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 Landlord will not at any time use do 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 cause to be done therein all things reasonably within its control to preserve intact and unimpaired any and all rights of way, easements, grants, appurtenances, privileges, and licenses in favor of or suffer constituting any portion of the Premises.
D. Tenant will, at its own expense, keep the Off-Site Properties in good repair and tenantable condition and indemnify Landlord against any loss, damage or permit anything expense arising by reason of any failure of Tenant so to keep the Off-Site Properties or due to any act of neglect of Tenant, its agents, employees, contractors, invitees, licensees, tenants or assigns. If Tenant fails to perform, or cause to be brought into or kept in performed, such maintenance and repairs, then at 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 Agreement, 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 permitOff-Site Properties.
Appears in 1 contract
Samples: Right of Access and Use Agreement (Southwest Casino Corp)
Use of Premises. The Tenant shall not use not, except with the premises or any part thereofprior written 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, howeverhowever anything in this Lease to the contrary notwithstanding, to all that 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 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 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 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 of the Building or occupants 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 such impairmentconnection or relationship between the Landlord and the Tenant. Unless otherwise specifically provided in the Lease, interferencethe Tenant, discomfortexcept in each case with the prior written consent of the Landlord, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will not, and will not use, or suffer or permit anyone tothe use of, sell or traffic in any spirituous liquors, wine, ale or beer in or from the premises or carry 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 business of a railroad, an airline, barbering, hairdressing, manicuring or bootblacking, (c) 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 Slate of New Jersey, may be carried on only by persons, firms or corporations authorized so to do under the provisions of such laws, (d) the business of a dealer or broker in, or underwriter of, stocks, bonds or other securities of any manufacturing in kind whatsoever, (e) the premisesbusiness of publishing, preparing, editing, distributing or selling magazines, books, in-formation services or educational aids except as incidental to the Tenant’s business (f) the retail sale of any item whatsoever, (g) the business of sending or receiving telegrams or cables, (h) an auction of any kind, or (i) the preparation, dispensation or consumption of food or beverages for the general public. 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 of each license or permitthereof.
Appears in 1 contract
Samples: Lease Agreement (Nuvim Inc)
Use of Premises. 3.1. The Tenant shall not use not, except with the premises prior written 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 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 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 premises or any part thereofportions, or permit if any, of the premises or any part thereof to Premises 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.
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 (i) would violate any provision of this Lease or is unlawful or in contravention of the Certificate of Occupancy for the Building, or (ii) 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 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. ; 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 such impairment, interference, discomfort, inconvenience connection or annoyance. Except as set forth in Article 1 hereof, Tenant will not, relationship between the Landlord 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 premisesTenant.
3.3. 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 premisesPremises and, Tenantif the failure to secure such license or permit would, at Tenant's expensein any way, affect the Landlord, the Tenant shall duly promptly 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 of each license or permitthereof.
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 Premises or any part thereof in any way which would violate any certificate of occupancy for the Building or Premises, 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 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 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, 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. .
(b) If any governmental license or permit (other than the Certificate of occupancy required to be obtained by Landlord pursuant to Article 6 hereof) 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 would, in any way, affect Landlord, 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 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, the insurance rates shall at 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 upon the first day of the month following the billing to Tenant of such additional cost by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Tangoe 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 residential --------------- live/work purposes as defined and permitted in the purposes San Francisco Planning Code as described in Paragraph 2(g) hereof and for which they are designed. Tenant will not at any time no other use or occupy purpose without 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 premisesLandlord. 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 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 or the proper and economic heating, cleaning, air conditioning or other servicing contents of the Building or the premisesBuilding, or impair cause a cancellation of, or interfere with give rise to any defense by the insurer to any claim under, or tend 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 impair 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 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. Tenant agrees not to handle, store or dispose of any substance on the Premises which is prohibited by federal, state or local law or regulation. 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
Samples: Lease Agreement (Natus Medical Inc)
Use of Premises. (a) The Premises shall be used for the Permitted Use set forth in Section 1(i) and for no other purpose.
(b) Tenant will permit no liens to attach or exist against the Premises, and shall not commit any waste. Any claim to, or lien upon, the Premises arising from any act or omission of Tenant shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Premises. Should the Premises or any portion thereof become subject to any mechanics, laborers' or materialmen's lien on account of labor or material furnished to Tenant or claimed to have been furnished to Tenant, Tenant will have such lien discharged or bonded over within thirty (30) days of Tenant’s notice or knowledge thereof.
(c) The Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or permit any vibration, noise, odor, light or other effect to occur within or around the Premises that could constitute a nuisance or trespass with respect to the Premises or any adjoining building or land. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant agrees to promptly remove or control the same in a manner reasonably acceptable to Landlord.
(d) Tenant shall not in any way violate any law, ordinance or, if applicable, restrictive covenant affecting the Premises, and shall not use the premises Premises in any manner which may be dangerous to persons or any part thereofproperty or would cause the cancellation of, prevent the use of, or permit increase the premises rate of, the special form ("all risk") coverage insurance policy maintained by Landlord or any part thereof Tenant, or which would result in insurance companies of good standing to refuse to insure the Premises on a special form ("all risk") policy. Tenant shall not 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 in default hereunder for the purposes for which they are designed. violation of any restrictive covenant affecting the Premises unless and until Landlord provides Tenant will not at any time use or occupy the premises or any part thereofwith a true and correct copy thereof and Tenant is, or permit the premises or any part thereof to be used or occupiedin fact, in violation of the certificate same and such violation continues for more than ten (10) days after notice 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 such violation from 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 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. The Tenant shall will not use the premises Premises or any part thereof, or permit allow the premises or any part thereof Premises to be used, used for any purpose other than that specified in the Lease Summary, or in any manner inconsistent with such use hereinabove specifically mentionedand occupation, subjectwithout first obtaining the Landlord’s prior written approval, howeversuch approval not to be unreasonably withheld, and the Tenant will not, at any time during the Term or any renewal of it, commit or permit to be committed any waste upon the Premises, nor will the Tenant use, exercise, carry on, or permit to be used, exercised, or carried on, in or on the Premises or the Land, or any part of them, any noxious, noisome, or offensive art, trade, business, or occupation, or keep, sell, use, handle, or dispose of any merchandise, goods, or things that are objectionable, or by which the Premises or the Land or any part of them may be damaged or injuriously affected, and no act, matter, or thing whatsoever will, at any time during the Term or any renewal of it, be done in or on the Premises or the Land or any part of them that may result in annoyance, nuisance, grievance, damage, or disturbance to other tenants or occupiers 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 will use its best efforts to prevent anything being done on the Premises or the Land that may result in any premises other than the Premises being picketed or otherwise subjected to industrial action or demonstrations. The Tenant will promptly take all action and proceedings reasonably necessary to cause such picketing, industrial action, and demonstrations to cease without delay. The Tenant will not place in the covenantsPremises any heavy machinery or equipment without first obtaining the consent, agreements, terms, provisions and conditions of this Lease. Those portions, if anyin writing, 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 Landlord, such consent not at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used unreasonably withheld of delayed; in addition, no consent will be required where the Tenant places heavy machinery or occupiedequipment in the commercially reasonable ordinary course of business, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. Tenant shall not xxx or permit given the use of the premises or any part thereof in any way which would violate any Premises set out above. The Tenant will immediately advise the Landlord 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 notpresence of, and will not permit anyone todo 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
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 materially impair or 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. RT-L-1(4/81)
(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. a. Tenant has leased the Premises after a full and complete examination thereof. Except as otherwise provided in this Lease, (i) Tenant accepts the same "as is" and without any representation or warranty by Landlord, express or implied in fact or by law, and without recourse to Landlord, as to the title thereto, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put and (ii) except as specifically provided in this Lease, Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Leased Premises or Premises during the Term of this Lease. Tenant will not occupy or use, or permit any of Tenant’s agents, employees, and invitees or all persons claiming under Tenant to occupy or use, any portion of Leased Premises for (i) any business or purpose other than as a hangar for (and parking of cars belonging to those using the Hangars), with all requisite parking and taxiing area uses, and all lounge, shop and office space uses, and all other uses incidental to the use and operation of an airport hangar, or (ii) any use or purpose which is unlawful in part or in whole. Tenant will not do, or permit any of Tenant’s agents, employees, and invitees or all persons claiming under Tenant to do, anything which will, to Tenant’s knowledge, render void Landlord’s fire insurance policy covering the Leased Premises and/or its contents. Tenant shall not be permitted to perform any functions or services accorded to fixed base operators of the Airport.
b. Tenant shall at its own cost and expense promptly obtain any and all licenses and permits (except the initial certificate of occupancy for the Buildings) necessary for any permitted use of or Alterations to the premises Hangar Space and the Office Space by Tenant. Tenant shall comply with all Requirements applicable to Tenant’s use and occupancy of the Hangar Space, the Office Space, and any other portion of the Leased Premises, and shall promptly comply with all governmental orders and directives, whether issued to Landlord or Tenant, for the correction, prevention and abatement of any violations of or nuisances prohibited by any applicable Requirements which are created or caused by Tenant, or its agents or employees, in or upon, or in connection with Tenant’s use of, the Leased Premises, all at Tenant’s sole cost and expense. Tenant may contest any such order or directive provided that Tenant shall first provide Landlord with reasonable assurances that such contest will not jeopardize Landlord’s interest in the Leased Premises or result in any default under any obligation of Landlord to any Mortgagee (as hereinafter defined) or other tender having a security interest in all or a portion of the Leased Premises. If, as a result of any change in any applicable Requirements, the Hangar Space or the Office Space must be altered to lawfully permit Tenant’s specific use and occupancy thereof, such alterations shall be made by Tenant, and the entire cost shall be borne by Tenant, provided, that in no event shall Tenant be obligated to make or pay for any alterations or repairs which, as a result of any such change, may be required to be made to any portion of the Leased Premises other than the Hangar Space or the Office Space.
c. Tenant will not without the prior written consent of Landlord (not to be unreasonably withheld) install any signs, window or lettering on or about the exterior of the Leased Premises.
d. Tenant shall pay, as Additional Rent, within thirty (30) days of Tenant’s receipt of a xxxx, for the costs of repairing any damage to the Leased Premises or such portion thereof which results from or is caused in whole or in part by (i) the negligence or misconduct of Tenant, its agents, employees, contractors and invitees, or (ii) the failure of Tenant to perform its obligations under this Lease, in any case unless and to the extent that such costs are or will be paid under the insurance policies described in this Lease.
e. Tenant shall comply, and shall cause Tenant’s agents, employees, and invitees to comply, fully with all rules and regulations of the Airport ("Rules and Regulations") of which Tenant has received written notice and any minimum standards ("Minimum Standards") established by the Landlord for the Airport. Landlord shall at all times have the right to change such Rules and Regulations and Minimum Standards or to promulgate other Rules and Regulations and Minimum Standards in such reasonable manner as may be deemed advisable for the safety, care, and cleanliness of the Airport and for the preservation of good order therein and which affect all other Airport tenants with comparable permitted uses, and Landlord agrees to require compliance with and enforce such rules in a non-discriminatory manner. Copies of all Rules and Regulations, Minimum Standards, changes and amendments will be forwarded to Tenant in writing and shall be carried out and observed by Tenant. Tenant shall further be responsible for the compliance with such Rules and Regulations and Minimum Standards by Tenant’s employees, servants, agents and visitors. Tenant acknowledges receipt of the current Rules and Regulations and Minimum Standards of the Airport.
f. Upon the termination of this Lease, at its expiration or otherwise, Tenant shall deliver up the Hangar Space and the Office Space with all Alterations located therein (except as otherwise provided herein) in good repair and condition as existed on the Commencement Date, reasonable wear and tear and casualty excepted, clean and free of all debris.
g. Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any damage to any property or any injury to any person in or about the Premises or the Building by or from any cause whatsoever, (including, without limitation, rain or water leakage of any character from the roof, windows, walls, basement, pipes, plumbing works or appliances, the Buildings not being in good condition or repair, gas, fire, oil, electricity or theft). Landlord shall not be responsible or liable for any damage or injury to any property or to any person or persons at any time on the Premises; nor shall Landlord be in any way responsible or liable in case of any accident or injury to any of Tenant’s servants, employees, or agents, or to any person or persons in or about the Premises; and Tenant agrees that it will not hold Landlord in any way responsible or liable therefor and will further indemnify and hold harmless Landlord from and against any and all claims made by any party and all liability, penalties, damages, expenses and judgments arising from injury to persons or property of any nature and also for any matter or thing which shall or may happen in or upon, growing out of the occupation of or otherwise in connection with the Premises; however, the foregoing provisions of this Section shall not apply to any claims, liability, injury, damage or thing caused by the gross negligence or willful misconduct on the part of Landlord or their agents, servants or employees.
h. Landlord reserves the right, but shall not be obligated to the Tenant, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of the Tenant in this regard.
i. Landlord reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from erecting, or permitting to erect, any building or other structures on the Airport which, in the reasonable opinion of Landlord, could limit the usefulness of the Airport or constitute a hazard to aircraft.
j. Tenant, its agents, employees, customers and invitees shall have the right to use, in common with others now or hereafter authorized, the common facilities of the Airport including, without limitation, the landing field, runways, aprons, taxiways, floodlights, landing lights, control tower, signal tower, radio aids, and all other conveniences for flying, landing and take-off of aircraft ("Common Airport Facilities"). All such use shall be in accordance with the laws of the United States of America, the State, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all reasonable and applicable rules, regulations and ordinances of Landlord now in force or hereafter prescribed or promulgated by ordinance or law. Tenant shall not be restricted in the number of landings and takeoffs conducted at the Airport in aircraft owned or operated by or for Tenant. Nothing herein contained shall be deemed to grant to Tenant any exclusive right for the conduct of any activity on the Airport within the meaning of Section 308A of the Federal Aviation Act of 1958, as amended, 49 U.S.C. § 1349a, except that Tenant shall have the exclusive right to possession of the Premises. Landlord may temporarily close any part of the Common Airport Facilities as may be necessary, in Landlord’s sole judgment, to make repairs and alterations thereto.
k. Tenant shall pay a fuel flowage fee in accordance with Airport rules and regulations. Fuel flow fees shall be paid on a monthly basis, in arrears, on or before the tenth day of the following month. Payments made after the tenth day of the month in which due shall be subject to a late fee of one and one-half percent (1-1/2%) of the total amount outstanding. On or before the seventh (7th) day of each month, Tenant shall deliver to Landlord a report detailing all landings at the Airport by Tenant’s customers during the preceding month.
l. From and after the Commencement Date and during the balance of the Term of this Lease, Tenant shall, at its expense, comply with all present and future Requirements and all requirements of any insurance policy carried by Tenant and applicable to all or any part thereofof the Premises or the use thereof and shall indemnify and hold harmless Landlord from and against all fines, penalties, claim or permit claims for damages of every kind and nature arising out of any failure to comply with any such Requirements, the premises intention of the parties being with respect thereto that Tenant, during the Term hereby granted, shall discharge and perform all the obligations of Landlord, as well as all the obligations of Tenant, arising as aforesaid, so that at all times the rental of the Premises shall be net to Landlord without deductions or expenses on account of any such Requirement; provided, however, that Tenant may, in good faith contest the validity or application of any such Requirement and, pending the final determination of such contest, may postpone compliance therewith but not so as to subject Landlord to any fine or penalty or to prosecution for a crime, to cause the Premises or any part thereof to be usedcondemned or to be vacated or to cause any public liability or casualty insurance to become void. If civil liability is incurred by reason of noncompliance, Tenant may nevertheless make such contest and postpone compliance, provided Tenant furnishes to Landlord security reasonably satisfactory to Landlord against any loss or injury by reason of such non-compliance. Landlord shall execute and deliver to Tenant any document or authorization which may be necessary to enable Tenant so to contest any such Requirement and shall fully cooperate with Tenant in connection with any such contest, but Landlord shall incur no liability for the payment of any purpose other than the use hereinabove specifically mentioned, subject, however, costs or expenses in connection therewith and Tenant agrees to all the covenants, agreements, terms, provisions indemnify 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 hold Landlord harmless from any such costs or expenses.
m. No aircraft fueling or defueling shall be used by Tenant only for conducted within or around the purposes for which they are designed. Tenant will not Premises 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, unless through an Airport FBO in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. accordance with FAA regulations.
n. Tenant shall not xxx or permit the use of the premises or any part thereof in any way which would violate any of the covenantspay, agreementsas Additional Rent, 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 within thirty (30) days of Tenant's business receipt of a xxxx (accompanied by copies of all relevant invoices and receipts), for the costs of repairing any damage to the Leased Premises or other activity carried on it such portion thereof which results from or is caused in whole or in part by (i) the premises, negligence or willful misconduct of Tenant, at Tenant's expenseits agents, shall duly procure employees, contractors and thereafter maintain invitees, or (ii) the continuation of an Event of Default arising from the failure of Tenant to perform its obligations under this Lease, in any case unless and to the extent that such license costs are or permit and submit will be paid under 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 permitinsurance policies described in this Lease.
Appears in 1 contract
Samples: Lease Agreement
Use of Premises. (a) To the intent that this covenant shall run with the Premises for the benefit for the Project, excluding the Premises, Tenant covenants that it shall not use the premises or any part thereof, or and shall not permit the premises or any part thereof Premises to be used, used for any purpose other than as described as Use of Premises in subsection 1(h) hereof. Tenant acknowledges that Landlord is making no representation or warranty as to Tenant’s ability to use the Premises for its intended use hereinabove specifically mentionedand Tenant shall, subject, however, prior to all the covenants, agreements, terms, provisions and conditions of executing this Lease. Those portions, if any, perform such searches and satisfy itself that its use is permitted under all applicable Laws and that Tenant will be able to obtain an occupancy permit.
(b) Tenant acknowledges that it is aware of the premises which on nature of the plan(s) exclusive use rights granted to certain other tenants of the Building and the Project, more particularly described in Schedule “E” attached hereto are shown as toilets hereto, and utility areas agrees that it shall not be used by Tenant only for the purposes for which they are designed. Tenant will not permitted at any time use during the Term and all extensions or occupy the premises or any part thereof, or permit the premises or any part renewals thereof to carry out any business in the Premises in such a manner as to infringe upon any such exclusive use provisions. Xxxxxx also agrees that it shall not be used permitted at any time during the Term and all extensions or occupied, renewals thereof to carry on business in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesPremises in such a manner as to infringe upon any future exclusive uses which Landlord may grant from time to time. Tenant shall not xxx indemnify and save Landlord harmless from any and all liability, losses, damages and expenses incurred or permit the use of the premises or any part thereof suffered by Landlord 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 connection with the use infringement or alleged infringement by Tenant of any of the other areas of the Building bysuch exclusive use provisions listed or in remedying or attempting to remedy such infringement or alleged infringement including, without limitation, Landlord’s legal fees and expenses on a substantial indemnity basis.
(c) Tenant acknowledges and agrees that in no event will an exclusive use or occasion discomfort, inconvenience a restrictive covenant be inferred or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install any electrical or other equipment implied in its favour by reason of any kind which, restrictions on Tenant’s business or in the judgment foregoing provisions 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 permitthis Section 8.1.
Appears in 1 contract
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. 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. 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 which consent shall not be unreasonably withheld. 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 that are hereafter recorded in any official or public records with respect to the Premises, the Building, the Lot and/or the Park, or any portion thereof; provided, Lessor agrees that after the Lease date it will not enter in to any CC&Rs that would materially, adversely affect Lessee's rights hereunder. 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 rights of Lessor, or use of or allow the Premises to be used for any, unlawful or objectionable purpose, as reasonably determined by Lessor, 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. Lessee shall not damage or deface or otherwise commit or suffer to be committed any waste in, upon or about the Premises. Lessee shall not permit any animals, including, but not limited to, any household pets, to be brought or kept in or about the Premises. Lessee shall place no loads upon the floors, walls, or ceilings in excess of the maximum designed load permitted by the applicable Uniform Building Code or which may damage the Building or outside Park; nor place any harmful liquids in the drainage systems; nor dump or store waste materials, refuse or other such materials, or allow such to remain outside the Building area, except in refuse dumpsters or in any enclosed trash areas provided. Lessee shall honor the rules and regulations set forth in Exhibit C, attached to and made a part of this Lease, and any other reasonable rules and regulations of Lessor now or hereafter enacted related to parking and the operation of the Building byand the Park. Notwithstanding anything to the contrary contained in the Lease, or occasion discomfort, inconvenience or annoyance to, any of Lessor agrees that the other tenants or occupants of the Building. Tenant Rules and Regulations shall not install be (i) modified or enforced in any electrical or other equipment of any kind which, in way by Lessor so as to unreasonably interfere with the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as permitted use set forth in Article 1 hereofthe Basic Lease Information or Lessee's access to the Premises, Tenant will notBuilding or Park, or (ii) discrimination enforced against Lessee. Lessor agrees that nothing in the Rules and will Regulations of the Park shall be used to prohibit the conduct of any business from the Premises which Lessee is permitted to conduct pursuant to the Basic Lease Information. If Lessee fails to comply with such Laws, CC&Rs (hereinafter recorded), rules and regulations or the provisions of this Lease, Lessor shall have the right to collect from Lessee a reasonable sum as a penalty, in addition to all rights and remedies of Lessor hereunder including, but not permit anyone limited to, sell or traffic in the payment by Lessee to Lessor of all Enforcement Expenses and Lessor's costs and expenses, if any, to cure any spirituous liquorsof such failures of Lessee, 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, Tenantif Lessor, at Tenant's expenseits sole option, shall duly procure and thereafter maintain elects to undertake such license or permit and submit the same cure after twenty (20) days written notice that Lessor has so elected to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with the terms and conditions of each license or permitundertake such cure.
Appears in 1 contract
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 70 pound 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 use thereof to be in compliance with the Americans with Disabilities Act of 1990 and its state and local counterparts or equivalents (the "Disabilities Act") during the term of this Lease provided Landlord shall be responsible for improvements to the Premises in accordance with Section 2.04 and all times, improvements to the common areas necessary to comply with the terms 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 conditions of each license (ii) any petroleum or permitpetroleum products and asbestos in any form that is or could become friable.
Appears in 1 contract
Use of Premises. The Tenant shall occupy and use the demised premises --------------- during the term for the purpose above specified in Section 2 and none other;
(a) The Tenant will not make or permit to be made any use of the demised premises which conflicts with exclusive rights granted to any other Tenant or which directly or indirectly is forbidden by public law, ordinance or governmental regulation or which ray be dangerous to persons or property, or which may invalidate or increase the premium cost of any policy of insurance carried on the Building or covering its operations; the Tenant shall not do, or permit to be done, any act or thing upon the demised premises which will be in conflict with fire insurance policies covering the Building of which the demised premises form a part. The Tenant, at its sole expense, shall comply with all rules, regulations or requirements of the local Inspection and Rating Bureau, or any other similar body, and shall not do, or permit anything to be done upon said premises, or bring or keep anything therein in violation of rules, regulations or requirements of the Fire Department, local Inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the rate of fire insurance application to the Building;
(b) any sign installed in the demised premises shall be installed by landlord at Tenant's cost and in such manner, character and style as landlord may approve in writing;
(c) 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, profession or activities, and shall not use the premises name of the Building or any part thereof, or permit the premises or any part thereof to be used, Complex for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions that of this Lease. Those portions, if any, business address of the premises which on Tenant, and shall never use any picture or likeness of the plan(sBuilding or Complex in any circulars, notices, advertisements or correspondence without the Landlord's express consent in writing;
(d) attached hereto are shown as toilets the Tenant shall not obstruct or use for storage, or for any purpose other than ingress and utility areas egress the sidewalks, entrances, passages courts, corridors, vestibules, halls, elevators and stairways of the Building;
(e) no bicycle or other vehicle, no dog or other animal or bird shall be used by Tenant only for brought or permitted to be in the purposes for which they are designed. Tenant will not at any time use or occupy the premises Building or any part thereof, or permit ;
(f) 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 make or permit the use of the premises any noise 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 odor that is objectionable 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 other occupants of the Building as to emanate from the demised premises, and shall not create or maintain a first-class office buildingnuisance thereon, impair and shall not disturb, solicit or interfere with or tend to impair or interfere with canvass any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing occupant of the Building or Complex, and shall not do any act tending to injure the premises, or impair or interfere with or tend to impair or interfere with the use of any of the other areas reputation of the Building by, or occasion discomfort, inconvenience or annoyance to, any of Complex;
(g) the other tenants or occupants of the Building. Tenant shall not install any electrical musical instrument or equipment in the Building, or any antennas, aerial wires or other equipment of any kind whichinside or outside the Building, without, in each and every instance, prior approval in writing by the judgment Landlord. The use thereof, if permitted, shall be subject to control by the Landlord to the end that others shall not be disturbed or annoyed;
(h) the Tenant shall not waste water by tying, wedging or otherwise fastening open any faucet;
(i) no additional locks or similar devices shall be attached to any door. 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 by the Tenant, the Landlord may provide the same upon payment by the Tenant. Upon termination of Landlordthis Lease or of the Tenant's possession, might cause the Tenant shall surrender all keys to the demised premises and shall make known to the Landlord the explanation of all combination locks on safes, cabinets and vaults;
(j) the Tenant shall be responsible for the locking of doors in and to the demised premises. Any damage resulting from neglect of this clause shall be paid for by Tenant;
(k) the Landlord shall at the Tenant's expense, install and maintain all conduit and cable between (i) the Illinois Bell Demark Board in the Building and (ii) an agreed point of entry in the demised premises. Alternatively, Landlord may third party contractor to provide this service on an exclusive basis for the Building, in which case the Tenant shall pay such contractor directly for such installation and maintenance. The Tenant acknowledges that making building cabling the responsibility of a single party is reasonable and necessary to achieve security, efficiency, coordination and accountability. Whether building cabling is undertaken by the Landlord or an exclusive contractor, the Tenant agrees that neither the Landlord nor the contractor shall be liable for any loss, cost or damage suffered by the Tenant as a result of cabling installation and maintenance except to the extent caused by the negligence or willful misconduct of the party doing such work and that any such impairmentclaim shall be limited to bodily injury, interferencedeath or damage to property, discomfortthe Tenant hereby waiving and releasing any claim for consequential damages resulting from an interruption of service.
(l) shades, inconvenience draperies or annoyanceother forms of inside window covering must be of such shape, color and material as approved and installed by the Landlord;
(m) the Tenant shall not overload any floor, safes, furniture and all large articles shall be brought through the Building and into the demised premises at such times and in such manner as the Landlord shall direct and at the Tenant's sole risk and responsibility. Except as set forth in Article 1 hereofThe Tenant shall list all furniture, Tenant will notequipment and similar articles to be removed from the Building, and the list must be approved at the office of the Building or by a designated person before Building employees will permit any article to be removed;
(n) unless the Landlord gives advance written consent in each and every instance, the Tenant shall not permit anyone toinstall or operate any steam or internal combustion engine, sell boiler, machinery, refrigerating or traffic in any spirituous liquors, wine, ale heating device or beer air-conditioning apparatus in or from about the premises demised premises, or carry on any manufacturing mechanical business therein, or use the demised premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein or install or permit the installation of any vending machines, or use any illumination other than electric light, or use or permit to be brought into the Building any inflammable oils or fluids such as gasoline, kerosene, naphtha and benzene, or any explosive or other articles hazardous to persons or property including firearms or other weapons;
(o) the Tenant shall not place or allow anything to be against or near the glass or partitions, doors or windows of the demised premises which may diminish the light in, or be unsightly from the exterior of the Building, public halls or corridors;
(p) the Tenant shall not install in the demised premises any equipment which uses an unusual amount of electricity without the advance written consent of the Landlord. "Unusual amount of electricity" shall mean any one or all of the following: (1) use of a lighting system which requires more electricity than the standard lighting fixtures provided in the Building by the Landlord; (2) the electrical load of electrical equipment (other than lighting) used in the premises exceeding an average of two xxxxx per square foot of the premises; (3) electricity which is not at a nominal 120 volts; (4) electrical circuits with a capacity exceeding 20 amperes; (5) electricity used for equipment and/or accessories not normal for ordinary office use. If any governmental license or permit Landlord consents to such use of an unusual amount of electricity, the Tenant shall ascertain from the Landlord the maximum amount of electrical current which can safely be required for used in the proper and lawful conduct of Tenant's business or other activity carried on it the demised premises, Tenant, at Tenanttaking into account the capacity of the electric wiring in the Building and the demised premises and the needs of the other tenants in the Building and shall not use more than such safe capacity. The Landlord's expense, consent to the installation of electric equipment shall duly procure and thereafter maintain not relieve the Tenant from the obligation not to use more electricity than 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.safe capacity;
Appears in 1 contract
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 general office and animation studios purposes and any part thereof, or permit other lawful use; 2) pay Landlord the premises or full amount of any part thereof to be used, for any purpose increased insurance premium resulting from Tenant's use of the Premises other than for general office and animation studios purposes; 3) at its sole expense, promptly comply with all Regulations and the requirements of any board of fire underwriters or other similar body now or hereafter constituted relating to or affecting Tenant's particular 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 not: 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 anything to be done therein or suffer articles prohibited by a standard form policy of fire insurance; 2) do or permit anything to be brought into done in or kept about the Property which will obstruct or interfere with rights of other occupants of the Property or injure or annoy them; 3) maintain or permit any nuisance in or about the premises which, 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 done in or about the Property which will violate any Regulation [the 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]; 7) place a sign upon the Property; 8) do or permit anything to impair be done which will increase existing insurance premiums for the character, reputation Property or appearance cause cancellation of any policy covering any of the Building as a first-class office buildingProperty. However, impair or interfere Tenant shall not be required to comply with or tend cause the Premises to impair or interfere comply with any Regulations requiring the construction of improvements in the Premises unless the compliance with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing foregoing is necessitated solely due to Tenant's particular use 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 permitPremises.
Appears in 1 contract
Samples: Industrial Gross Lease (Pixar \Ca\)
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, 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. However, Tenant reserves the right, after written notice to Landlord, to contest by appropriate legal proceedings, diligently conducted in good faith, the validity or tend to impair or interfere with the use application of any such law, ordinance, order, rule or regulation requiring such change, and to delay compliance therewith pending the prosecution of such proceedings, provided no civil or criminal penalty would be incurred by Landlord and no lien or charge would be imposed upon or satisfied out of the other areas Premises or the Project by reason of such delay. 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 byor the Project. If the Building or Common Areas are determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Project as of the Commencement Date, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in Operating Costs), for making all alterations and repairs to the Building and the Common Areas required by such governmental agencies so that the Building or the Common Areas comply with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (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, including, without limitation, all Legal Requirements that pertain to the Building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Project after the Commencement Date of this Lease) affecting the Building (excluding the Premises) or the Common Areas, and governmental agencies require Landlord to make capital expenditures or repairs to the Building (excluding the Premises) or the Common Areas, the invoiced cost and expense of such capital expenditures or repairs shall be an Operating Cost which shall be reimbursed by the tenants in the Project over the lesser of (i) the useful life of such capital expenditures, or occasion discomfort(ii) ten (10) years. Subject to applicable Legal Requirements (including any “grandfather” provisions pertaining thereto), inconvenience or annoyance to, any of Landlord agrees to maintain the other tenants or occupants of Building (except the Building. Tenant shall not install any electrical or other equipment of any kind which, Premises) and Common Areas 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 compliance with all times, comply with the terms and conditions of each license or permitLegal Requirements.
Appears in 1 contract
Use of Premises. Tenant covenants that Tenant shall not use and occupy the premises Premises continuously during the Term and solely as general office use, warehousing of telecom equipment (in storage space) or any part thereofother affiliated lawful use in accordance with applicable zoning regulations and for no other purpose; however Tenant shall be responsible for all c/o applications associated with work performed following Tenant taking possession of the Premises. C/o applications associated with work to be performed by Landlord shall be obtained by Landlord. For purposes of this Lease, the term “general office use” shall not include use as a school, college, university, or permit the premises or educational institution of any part thereof to be usedtype, use for any purpose other than which in not consistent 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 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 operation of the Building as a first-class office building, impair use as a recruitment or interfere with temporary help service or tend agency, or any use involving regular traffic by the general public. The Tenant shall not, and shall not allow others, to impair occupy or interfere with use the Premises or any part thereof for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of the Building services or the proper and economic heating, cleaning, air conditioning fire 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 Buildingcasualty. Tenant shall not install use or occupy the Premises in violation of any electrical certificate of occupancy, permit, or other equipment governmental consent issued for the Building, a copy of any kind which, which will be delivered to Tenant promptly upon request but 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 premisesno event later than five (5) business days. If any governmental license authority, after the commencement of the Term, shall contend or permit shall be required declare that the Premises are being used for a purpose which is in violation of such certificate of occupancy, permit, or consent, then Tenant shall, upon five (5) business days’ written notice from Landlord immediately discontinue such use of the proper and lawful conduct of Premises. If thereafter the governmental authority asserting such violation threatens, commences or continues criminal or civil proceedings against Landlord for Tenant's business failure to discontinue such use, in addition to any and all rights, privileges and remedies given to Landlord under this Lease for a default, Landlord shall have the right to terminate this Lease forthwith. Tenant shall indemnify and hold Landlord harmless of and from any and all liability for any such violation 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 permitviolations.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Use of Premises. 9.1 The Premises shall be used for the Permitted Uses and no others. 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 Premises to be occupied or 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 purpose which is unlawful in part or in whole or deemed to be disreputable in any part thereofmanner, or extra hazardous on account of fire, nor 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 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. Tenant will conduct his business and control his agents, employees and invitees in such a manner as not to be brought into create any nuisance, nor unreasonably interfere with, annoy, or kept disturb other tenants or Landlord in the premises whichmanagement of the Building.
9.2 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 Laws applicable to the use and its occupancy of the 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 judgment Premises, all at Tenant’s sole expense. If, as a result of any change in Laws the 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.
9.3 Tenant will maintain the Premises (including all fixtures installed by Tenant, water heaters within the Premises and plate glass) in good repair, reasonable wear and tear excepted, and in a clean and healthful condition, and comply with all Laws with reference to condition, or tend to impair occupancy of the 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 Premises. At termination of this Lease, upon its expiration or otherwise, Tenant shall deliver up the Premises in good repair and condition, reasonable wear and tear excepted, broom clean and free of all debris.
9.4 Tenant shall pay upon demand as additional rent the full cost of repairing any damage to the 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.
9.5 The current rules and regulations are described in Exhibit D. 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 safety, impair or interfere with or tend to impair or interfere with any of the Building services or the proper care, and economic heating, cleaning, air conditioning or other servicing cleanliness of the Building or the premises, or impair or interfere Development and copies thereof will be forwarded to Tenant. Tenant will comply fully 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 rules and regulations. Tenant shall further be responsible for the compliance with such rules and regulations by Tenant’s employees, servants, agents and visitors.
9.6 Tenant agrees that Tenant, its agents and contractors, licensees, or invitees shall not install handle, use, manufacture, store or dispose of any electrical flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, asbestos, PCB’s, petroleum products or derivatives or other equipment similar substances (collectively “Hazardous Materials”) on, under, or about the Premises; provided that Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as toner for copies, and the like); provided further that Tenant shall handle, store, use and dispose of any kind whichsuch Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience Building or annoyancethe environment. Except as set forth in Article 1 hereof, Tenant will not, and further agrees that Tenant will not permit anyone toany substance to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall, sell regardless of its inherent hazardous characteristics, be considered a Hazardous Material for purposes of this Lease.
9.7 Without limiting the above, Tenant shall reimburse, defend, indemnify and hold Landlord harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including without limitation, loss of rental income, loss due to business interruption, and attorneys fees and costs, arising out of or traffic in any spirituous liquorsway connected with the use, winemanufacture, ale storage, or beer disposal of Hazardous Materials by Tenant, its agents or contractors on, under or about the Premises including, without limitation, the costs of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection therewith, whether voluntary or from compelled by governmental authority. The indemnity obligations of Tenant under this clause shall survive any termination of the premises or carry on any manufacturing Lease. Any of Tenant’s insurance insuring against claims of the type dealt with in the premises. If any governmental license or permit this Paragraph shall be required considered primary coverage for claims against the proper and lawful conduct Premises arising out 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 permitunder this Paragraph.
Appears in 1 contract
Use of Premises. 6.1 The Premises are leased to Tenant solely for the purpose of the operation of an establishment engaged in the retail sale of cigars and related products. Tenant shall not use or suffer to be used the Premises, or any portion thereof, for any other purpose or purposes whatsoever, without Landlord's prior written consent. Tenant shall conduct business under the trade name of Grand Havana House of Cigars or Grand Havana Room, and no other without the prior written consent of Landlord.
6.2 Landlord shall not permit any existing or future lessee or operator of any other business in the Property to sell cigars or cigar accessories; provided, however, that Landlord shall have the right to offer cigars and cigar accessories purchased from Tenant for sale in its gift shops. Tenant acknowledges that Landlord has or will enter into other leases within the Property and that the products offered or sole hereunder may, during the term, create a conflict with the products offered or sold by such other lessees. In the event of a controversy between Tenant and Landlord or Tenant and the lessee or operator of any other business in the Property relating to the type or selling price of any product to be sold in, or from the Premises, Landlord shall have the sole right to resolve such controversy and such decision shall be binding on all parties involved. In the event that Tenant fails or refuses to abide by the decision of Landlord, such failure or refusal shall be deemed a material breach and event of default.
6.3 Tenant shall not permit or suffer anything to be done, or kept upon the Premises which will obstruct or interfere with the rights of other tenants, Landlord or the patrons and customers or any of them, or which will annoy any of them by reason of unreasonable noise or otherwise, nor will Tenant commit or permit any nuisance on the Premises or commit or suffer any immoral or illegal act to be committed thereon. Tenant shall not, without Landlord's prior written approval:
(a) Distribute or place anywhere on Landlord's property any notice, advertisement or other written solicitation, except upon the Premises;
(b) Solicit or attempt to solicit Landlord's guests or customers by telephone or other means of communication, unless the contact is initiated by the guest or by the guest's agent;
(c) Except for Tenant's other locations outside of Las Vegas, display on the Premises advertising, brochures, material or posters from any Property, casino or entertainment facility other than that of Landlord;
(d) Do or permit anything to be done in or about the Premises, which will in any way affect fire or other insurance upon the building, or any of its contents, or which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy or use of the Premises, or in any way obstruct or interfere with the right sof any other persons in the Property;
(e) Operate or permit to be operated on the Premises, any coin or token- operated vending machines or similar devices;
(f) Use the Premises or any portion thereof as living quarters or sleeping quarters;
(g) Conduct a fire, bankruptcy or auction sale in, on or about the Premises.
6.4 Tenant shall, at all times during the term of this Lease, comply with all governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Property, the Premises or Tenant's use hereof.
6.5 Tenant hereby covenants and agrees that it, its agents, employees, servants, contractors, subtenants and licensees shall abide by any and all reasonable rules and regulations as Landlord may, from time to time, adopt for the safety, care and cleanliness of the Premises or the Property.
6.6 Tenant hereby affirmatively covenants to do business at the Premises throughout the term of this Lease. Tenant shall conduct its business in the Premises during those days, nights and hours as shall be determined by Tenant and Landlord, which shall not be less than twelve (12) hours per day three hundred Sixty-Five (365) days per year. Failure to conduct its business in the manner provided shall constitute a material breach of this lease and an event of default. Tenant may reduce its hours of operation only with prior written consent of Landlord.
6.7 All of Tenant's signage is subject to Landlord's approval. Any exterior signage relating to Tenant may be modified or removed and replaced from time to time in Landlord's sole discretion and at Landlord's sole expense. Tenant understands and agrees that all of its signage must be compatible with the Property's decor. Therefore, and without limiting the generality of the foregoing provisions of this subsection, Tenant agrees that Landlord may limit the size of Tenant's logo on any signage.
6.8 Tenant shall not use the premises name "Bally's" or "Hilton", either alone or in combination with any other names or terms (the "Property's Name"), or any part thereofderivation hereof in connection with, or permit as part of, Tenant's business without the premises or any part thereof prior written consent of Landlord. In the event that Landlord allows Tenant to be useduse the Property's Name in advertising, for any purpose other than the such 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 deemed a nonexclusive license or privilege only which confers no property rights therein, and such license or privilege may be revoked by Tenant only for the purposes for which they are designed. Tenant will not Landlord at any time use or occupy the premises or any part thereof, or permit the premises or any part thereof to be used or occupiedtime, in violation of the certificate of occupancy (temporary or final) issued for the Building and/or the premises. which event Tenant shall not xxx or permit cease the use of the premises Property's Name. The Landlord's permission to use the Property's Name shall not be deemed to abridge the right of Landlord to grant or any part thereof in any way which would violate any license the use of the covenants, agreements, terms, provisions and conditions of this Lease or for Property's Name to any unlawful purposes or in other person at any unlawful manner and other time. Tenant shall not suffer have no right to use any Landlord owned or permit licensed trademarks or copyrights 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, . Any rights to use Landlord's owned or licensed trademarks or copyrights on Tenant's merchandise shall in any way impair or tend to impair be non-exclusive and the character, reputation or appearance subject of a separate agreement.
6.9 Tenant acknowledges that the Building as Property is a first-class office building, impair or interfere with or tend Property and that the maintenance of Landlord's and the Property's reputation and the goodwill of all of Landlord's guests and invitees is absolutely essential to impair or interfere with Landlord and that any of impairment thereof whatsoever will cause great damage to Landlord. Tenant therefore covenants that it shall operate 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 Premises in accordance with the use highest standards of any honesty, integrity, quality and courtesy so as to maintain and enhance the reputation and goodwill of Landlord and the other Property. Tenant shall continuously monitor the performance of each of Tenant' s employees at the Premises to insure that such standards are consistently maintained. Tenant further agrees, as a material inducement to Landlord, that repeated failure to maintain such standards or repeated complaints from customers or guests which Landlord after consultation with Tenant determines have a factual basis shall be deemed a material breach of this Lease by Tenant and an event of default.
6.10 Tenant shall not cause or permit its employees to enter upon those areas of the Building byProperty which are designated "Employees Only", as the parties acknowledge that for the purpose of this Section 6.10, "Employees" refers to the employees of Landlord and not to the employees of Tenant.
6.11 Tenant shall in its sole discretion, fix the salary rate and provisions of employee benefits of its employees and shall be responsible for all such salaries, employee benefits, social security taxes, federal and state unemployment insurance and any and all similar taxes relating to its employees and for workers' compensation coverage with respect thereto pursuant to applicable law. Tenant's employees shall not be entitled to participate in, or occasion discomfort, inconvenience or annoyance toto receive, any of the other tenants Landlord's employee benefit or occupants of the Building. Tenant welfare plans, and they shall not install be deemed agents of Landlord for 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 permitpurposes.
Appears in 1 contract
Use of Premises. (a) Tenant shall use the Premises only for general office uses, including the use of conference and computer facilities within the Premises, 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, 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 with or tend to impair or interfere with the use of any of the other areas of the Building byoccupancy thereof, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building. Tenant shall not install comply with such Law at Tenant’s sole cost and expense. Notwithstanding anything herein to the contrary; Tenant shall be solely liable and responsible for the Premises (the Office Space and the Storage Space) complying with 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 notand all Laws, and will if at any time such Premises is not permit anyone to, sell or traffic in compliance with 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 premisesall Laws, Tenant, at Tenant's its sole cost and expense, shall duly procure make such repairs and/or replacements to the Premises (subject to Landlord’s reasonable approval) so that the Premises is in compliance with any and thereafter maintain all such license Laws. This Lease shall be subject to and Tenant shall comply with all financing documents encumbering the Building or permit the Project and submit 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. If the Building (excluding the Premises) or Common Areas are determined by applicable governmental agencies to not be in compliance with Legal Requirements applicable to the Project as of the Commencement Date, then Landlord shall be fully responsible, at its sole cost and expense (which shall not be included in Operating Costs), for making all alterations and repairs to the Building (excluding the Premises) and the Common Areas required by such governmental agencies so that the Building (excluding the Premises) or the Common Areas comply with all such Legal Requirements. The term “Legal Requirements” shall mean all covenants and restrictions of record (if any), laws, statutes, building and zoning codes, ordinances, and governmental orders, conditions of approval, rules and regulations (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 inspection time, including, without limitation, all Legal Requirements that pertain to the Building structure. Notwithstanding the foregoing sentence, if there is a “new” Legal Requirement (a Legal Requirement first enacted or made applicable to the Project after the Commencement Date of this Lease) affecting the Building (excluding the Premises) or the Common Areas, and governmental agencies require Landlord to make capital expenditures or repairs to the Building (excluding the Premises) or the Common Areas, the invoiced cost and expense of such capital expenditures or repairs shall be an Operating Cost which shall be reimbursed by Landlordthe tenants (in their pro rata shares) in the Project over GAAP according to each tenant’s proportionate share of Operating Costs. TenantSubject to applicable Legal Requirements (including any “grandfather” provisions pertaining thereto), at Tenant's expense, shall, at Landlord agrees to maintain the Building (except the Premises) and Common Areas in compliance with all times, comply with the terms and conditions of each license or permitLegal Requirements.
Appears in 1 contract
Samples: Office Lease (Digitalglobe Inc)
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, 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 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 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. .
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 premises, 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, 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 upon the first day of the month following the billing to Tenant of such additional cost by Landlord.
Appears in 1 contract
Use of Premises. Tenant shall not use the premises or any part thereoffor general manufacturing and office purposes, or permit and the premises or any part Tenant agrees to comply with the to time following rules and regulations and with such reasonable modifications thereof to be used, and additions thereto as the Landlord may hereafter from time make for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions Building. The Certificate of this Lease. Those portionsOccupancy, if any, covering the Building shall permit 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 designed. herein demised.
(a) The Tenant will agree not to operate a retail store.
(b) 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 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 covering its operations, unless as to the insurance premiums, the cost of the increase in any unlawful manner and Tenant shall not insurance premiums is paid by the Tenant, or which will 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 therein which, in the judgment of Landlord, reasonably exercised, shall in any way impair or tend to impair the character, reputation or appearance of the Building Property as a first-class office high quality office/manufacturing building, or which will impair or interfere with or tend to impair or interfere with any of the services performed by Landlord for the Property.
(c) Excepting those in place as of the effective date, the Tenant shall not display, inscribe, print, maintain or affix on any place in or about the Building services any additional 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, which approval shall unreasonably withheld. The listing of any name other than that of 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, except for a specified minimum number of listings in the directory to which Tenant will be entitled throughout the term of this lease as agreed to by Tenant and Landlord. Tenant shall be permitted to install the signs identified on Exhibit “C” hereto.
(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 exxxxx 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) The Tenant shall not make any alterations, improvements or additions to the Premises of a structural nature, without the Landlord’s advance written consent. In the event Tenant desires to make any alterations, improvements or additions of a structural nature, 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 (excepting only Tenant’s movable office furniture, trade fixtures, office and professional equipment and all manufacturing equipment and personal property). As to alterations, 1) Landlord’s consent shall not be unreasonably withheld or delayed; 2) decorations shall be excluded and Landlord’s consent will not be required; 3) to the extent that Tenant is permitted to make alterations Tenant’s right to make alterations will be limited to alterations that do not change the use nor materially affect the character of the Building unless expressly consented to by Landlord; and 4) Landlord consents to the alterations to be made by Tenant to the Premises in order to ready the same for Tenant’s occupancy of the Premises and agrees that such alterations so made by Tenant in respect to its occupancy of the Premises may be surrendered by Tenant at the expiration or earlier termination of this lease and Tenant shall not be required to restore the Premises to their former condition prior to such alterations. Unless the Landlord expressly so advises Tenant at the time that the Landlord consent to the Tenant’s performance of an alteration, Tenant shall be entitled to surrender the Piemises without having to restore such alteration. Tenant’s duty to restore shall be limited to those items which Landlord identifies in advance of construction as being required to be removed from the Premises at the expiration or termination of this lease.
(f) All persons entering or leaving the Building after hours on Monday through Friday, or occasion discomfortat any time on Saturdays, inconvenience Sundays or annoyance toholidays, may be required to do so under such regulations as the Landlord may impose. The Landlord may exclude or expel any peddler.
(g) 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 tenants or occupants of heavy articles.
(h) Unless the Building. Landlord gives advance written consent, the Tenant shall not install or operate any electrical steam or internal combustion engine or boiler in or about the Premises or use the Premises for housing accommodations or lodging or sleeping purposes, 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 benzene, or any explosives, radioactive materials or other equipment articles deemed extra hazardous to life, limb or property except in a manner which would not violate any ordinance or regulation of the City. The Tenant shall not use the Premises for any illegal or immoral purpose.
(i) 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 so as to constitute a nuisance to 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.
(j) Tenant shall see that the doors, and windows, if operable, of the premises and securely locked before leaving the building and must observe strict care and caution closed that all water faucets or water apparatus are entirely shut off before Tenant or Tenant’s employees leave the building so as to prevent waste or damage, and for any default or carelessness Tenant shall make good all injuries or losses sustained by the Building or Landlord. In addition to all other liabilities for breach of any kind whichcovenant of this Section, the shall pay to the Landlord an amount equal to any increase in insurance premiums payable by the Landlord or any other tenant in the judgment Building, caused by such breach. In addition Tenant shall pay all legal costs of Landlordthe Landlord incurred to enforce any provision of this lease, might cause any provided Landlord is successful in such impairment, interference, discomfort, inconvenience or annoyanceaction. 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 Landlord shall be required under an express duty, for the proper and lawful conduct benefit of Tenant's business or , to uniformly enforce the regulations against other activity carried on it occupants of 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 permitdevelopment.
Appears in 1 contract
Samples: Lease Agreement (American Railcar Industries, Inc./De)
Use of Premises. Tenant 3.1. 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 of Arizona 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 meters, 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 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. 6.01 The Premises will be used and occupied only for the Permitted Use. Tenant shall not use the premises or any part thereofwill, or permit the premises or any part thereof to be usedat its sole expense, for any purpose other than the use hereinabove specifically mentioned, subject, however, to comply with all the covenants, agreements, terms, provisions conditions and conditions covenants 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 designedall Laws. 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, the Property or any part thereof thereof, in a manner that is unlawful or in violation of any way which would violate any of Law, conflicts with or is prohibited by the covenants, agreements, terms, provisions terms and conditions of this Lease or for the Rules and Regulations (as defined in Section 27.08 below), diminishes the appearance or aesthetic quality of any unlawful purposes part of the Property, creates waste or in any unlawful manner a nuisance, or causes damage (excluding normal wear and tear) to the Property. Tenant shall not suffer permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises nor take or permit any other action in the premises Premises that would endanger, annoy, or unreasonably interfere with the operations of, Landlord or any other tenant of the Property. Tenant shall obtain, at its sole expense, any permit or other governmental authorization required for Tenant to legally operate its business from the Premises. Any animals, excepting guide dogs, on or about the Property or any part thereof are expressly prohibited. Landlord acknowledges that Tenant (i) keeps and uses deceased animal tissue samples at the Premises for research, and (ii) conducts research to be used in any manner or anything develop detection assays for biological agents. Notwithstanding the foregoing, Landlord only consents 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 Tenant’s use 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 Premises 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 the extent permitted by Laws; provided further, Landlord makes no representations or warranties regarding whether such use(s) are permitted in the Premises or Property under Laws.
6.02 In the event of any excessive trash in or outside the Premises, as determined by Landlord in its reasonable discretion, Landlord will have the right to remove such excess trash and charge all costs and expenses attributable to its removal to Tenant. Tenant will not cause, maintain or permit any outside storage on or about the Property without Landlord’s prior express written consent; provided that Landlord shall not unreasonably withhold its consent to Tenant’s request from time to time for temporary outside storage, subject to terms (including the location of such storage) agreeable to Landlord. TenantIn the event of any unauthorized outside storage by Tenant or any Tenant Entity, Landlord will have the right, without notice, in addition to such other rights and remedies it may have, to remove any such storage at Tenant's ’s expense, shall, at all times, comply with the terms and conditions of each license or permit.
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 a. The demised Premises shall be used for Tenant's office purposes only. Premises shall be used only during normal business hours which the parties agree shall be the hours between 7:00 AM and 6:00 PM, Monday through Friday. If the Tenant and Tenant's employees shall use said premises in excess of those hours on a regular basis, then Tenant shall obtain Landlord's written approval and shall be subject to additional charges for services required by Tenant only for the purposes for which they are designed. related to its additional usage, to be paid to Landlord as additional rent.
b. Tenant will shall not at any 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 the premises or any part thereof to be used in any manner or anything to be done therein or suffer or permit anything anyone to be brought into use or kept in occupy, the premises whichdemised Premises, in any manner (a) which causes or is liable to cause injury to the judgment Building or any equipment facilities or systems therein; (b) which constitutes a violation of Landlord, shall in the laws and requirements of any way impair public authorities or tend the requirements of any insurance bodies; (c) which impairs or tends to impair the character, reputation or appearance of the Building as a first-class office building, impair Building; (d) which impairs or interfere with or tend tends to impair or interfere with any of the Building services or 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; or impair (e) which unreasonably annoys or interfere with inconveniences or tend tends to impair annoy 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.
c. Tenant shall, at all times during the term and at its sole cost and expense, promptly comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments and Bureaus applicable to said Premises, for the correction, prevention and abatement of nuisances or other grievances, in, upon, or connected with said Premises during said term; and shall also, at all times during the term and at its sole cost and expense, promptly comply with all rules, orders and regulations of the New York Board of Fire Underwriters for the prevention of fires. Tenant shall not install any electrical or other equipment shall, at all times during the term and at its sole cost and expense, promptly comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any kind whichand all their Departments and Bureaus applicable to Tenant's particular use of the Premises; and shall also, at all times during the term and at its sole cost and expense, promptly comply with all rules, orders and regulations of the New York Board of Fire Underwriters for the prevention of fires (except that Landlord shall be responsible for the cost of any alterations, modifications and improvements to the Premises and Building required pursuant to such rules, orders and regulations and repairs not occasioned by waste, misuse or negligence on the part of Tenant, in the judgment of which case such repairs shall be made by Landlord, might cause but at the expense of Tenant. Further, Landlord shall be responsible for 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 all expenditures for the required compliance arising from the premises or carry on any manufacturing in nature of the premises. If any governmental license or permit shall be required for use of the proper and lawful conduct of Premises generally (meaning, if such compliance applies to office uses generally, as opposed to Tenant's particular business or other activity carried on it the premises, Tenantbeing conducted thereon)).
d. Tenant shall, at Tenant's expense, shall duly procure and thereafter maintain such license timely remove any systems or permit and submit equipment the same to inspection by Landlord. Tenant, at Tenant's expense, shall, at all times, comply with Tenant installs in the terms and conditions of each license or permitevent that any future laws so requires.
Appears in 1 contract
Samples: Lease (Iwo Holdings 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 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. 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. hereof, and for which they are designed. Tenant will not at any time no other use or occupy purpose without 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 prior written consent of Landlord, which consent shall in not be unreasonably withheld for any way impair or tend to impair other general office use consistent with the character, reputation or appearance operation of the Building as a first-class office building, impair provided in no event shall Landlord be obligated to consent to a change in use of the Premises to a use which materially increases (a) the operating costs for the Building, (b) the burden on the Building services, or interfere with (c) the foot traffic, elevator usage or tend security concerns in the Building, or which creates an increased probability of the comfort and/or safety of the Landlord or other tenants of the Building being compromised or reduced (for example, but not exclusively, Landlord may deny consent to impair a change in use to a school or interfere with training facility, an entertainment, sports or recreation facility, retail sales to the public, a personnel or employment agency, or an embassy or consulate or similar office). Tenant shall not do or suffer or permit anything to be done in or about the Premises or the Real Property, nor bring or keep anything therein, which would in any way subject Landlord, Landlord's agents or the holder of any Superior Interest (as defined in Paragraph 21) to any liability, increase the premium rate of or affect any fire, casualty, liability, rent or other insurance relating to the Real Property or any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing contents of the Building or the premisesBuilding, or impair cause a cancellation of, or interfere with give rise to any defense by the insurer to any claim under, or tend 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 impair 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 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. Tenant shall agrees not install to handle, store or dispose of any electrical substance on the Premises which is prohibited by federal, state or local law or regulation. Without limiting the foregoing, no loudspeakers 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 similar device which can 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.heard outside the
Appears in 1 contract
Samples: Office Lease (CKS Group Inc)
Use of Premises. Tenant In addition to the use provided for in paragraph 1.o, TENANT shall use the Premises for general office purposes and 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 Premises to be used or occupied, in violation for any other purposes without consent of the certificate of occupancy (temporary or final) issued for the Building and/or the premisesLANDLORD. Tenant 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 nor bring or keep anything therein which will in any way impair increase the existing rate of or tend affect any fire or other insurance upon the Premises or any of its contents or cause cancellation of any insurance policy covering the Premises or any part thereof or any of its contents and TENANT shall comply with all rules orders, regulations and requirements of any organization which sets out standards, requirements, or recommendations commonly referred to impair by major fire insurance underwriters including without limitation thereto, the characterinstallation of fire extinguishers or an automatic dry chemical extinguishing system. TENANT shall within five days upon demand, reputation reimburse LANDLORD as additional rent for any additional premiums charged for insurance policies by reason of TENANT's failure to comply with the provisions of this paragraph. TENANT shall not do or appearance of permit anything to be done in or about the Building as a first-class office building, impair Premises which will in any way obstruct or interfere with the rights of other TENANTS or tend to impair or interfere with any of the Building services or the proper and economic heating, cleaning, air conditioning or other servicing occupants of the Building or injure or annoy them or use or allow the premisesPremises 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 commit or suffer to be committed any waste in or upon the Premises and shall keep the Premises in first class repair and appearance. The Premises shall not be used for cooking, lodging, sleeping or for immoral purposes and no objectionable noise, vibration or odor shall be permitted to escape from the Premises. TENANT warrants that it is not a political organization, and agrees that the Premises shall not be used for political offices or political meetings. TENANT shall at its sole cost and expense promptly comply with all laws, statutes, ordinances and governmental regulations or requirements now in force or which may hereafter be in force relating to or affecting the condition, use or occupancy of the Premises or the Building. LANDLORD: /S/ MY TENANT: /S/ RE ------ ------ TENANT may not offer or solicit TENANT's services, such as but not limited to telecommunications, data processing, or impair or interfere with or tend word processing, to impair or interfere with the use of any of the other areas of unaffiliated tenant in the Building bywithout LANDLORD's prior written consent which consent may be withheld by LANDLORD at its sole and absolute discretion. TENANT shall not install any radio or television antenna, loudspeaker or occasion discomfort, inconvenience other device on the roof or annoyance to, any of the other tenants or occupants exterior walls of the Building. Tenant TENANT shall be responsible for any and all acts in contravention to the provisions of this paragraph committed by TENANT, its agents, servants, employees, customers, contractors, clients, visitors, patients and invitees. TENANT shall not install any electrical be allowed to use name of the Building in which the Premises are located, or other equipment of any kind whichwords to that effect, in the judgment of Landlord, might cause connection with 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 business carried on any manufacturing in the premises. If any governmental license or permit shall be required for the proper and lawful conduct Premises (except as TENANT's address) without consent 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 permitLANDLORD.
Appears in 1 contract
Use of Premises. The Tenant shall not use the premises or any part thereofdemised premises, without warranty by the Landlord as to such use being permissible thereon, for the manufacture of capacitors, or permit such other lawful use or uses which are permitted under 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, zoning ordinances of the premises which on the plan(s) attached hereto are shown Town of Huntington as toilets and utility areas shall be used by Tenant only for the purposes for which they are designed. presently constituted or may hereafter be constituted, which uses would not require any variance or change of zone or specified uses necessitating a public hearing before an appropriate board of the Town of Huntington, and the Tenant will not at any time use or occupy allow the premises or any part thereof, or permit the demised premises or any part thereof to be used or occupied, occupied for any unlawful purpose or in violation of the certificate any Certificate of occupancy (temporary Occupancy or final) issued for the Building and/or the premises. Tenant shall not xxx or permit Certificate of Compliance covering the use of the demised premises or any part thereof or in violation of any way which would violate any permit or requirements connected with the use 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 demised premises or any part thereof to be used in and will not suffer any manner or anything act to be done therein or suffer any condition to exist in the demised premises or permit anything any part thereof or any article to be brought into thereon which may be dangerous, unless safeguarded as required by law, or kept in the premises whichwhich may, in the judgment of Landlordlaw, shall in any way impair constitute a nuisance, public 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 premisesprivate, or impair which may make void or interfere voidable any insurance then in force 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 Buildingrespect thereto. Tenant shall not install any electrical hereby grants unto the Landlord permission for it or other equipment of any kind which, in its authorized representatives to enter the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance. Except as set forth in Article 1 hereof, Tenant will notdemised premises at all reasonable times, and will not permit anyone toupon 24 hours notice and without interference with Tenant's business, 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 purpose of inspecting the same and lawful conduct making all necessary repairs thereto and performing any work thereon that may be necessary by reason of Tenant's business failure to make such repairs or other activity carried perform any such work or to commence the same after written notice from Landlord. Nothing herein shall imply any duty on it the premisespart of the Landlord to do any such work, Tenant, at and performance thereof by the Landlord shall not constitute a waiver of Tenant's expensedefault in failing to perform the same. The Landlord shall have the right to enter the demised premises at all reasonable times, shall duly procure and thereafter maintain such license or permit upon 24 hours notice and submit without interference with Tenant's business, during the usual business hours, for the purpose of showing same to inspection by Landlord. Tenantprospective purchasers or mortgagees, at Tenant's expenseif any, shall, at all times, comply with of the terms and conditions of each license or permitdemised premises.
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. The population density within the Premises as whole shall at no time exceed one person for each 250 rentable square feet in 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 certificate of occupancy for the Building, the premises, 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 permit 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 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 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. .
B. If any governmental license or permit (other than the certificate of occupancy required to be obtained by Landlord pursuant to Article 6 hereof) shall be required for the proper and lawful conduct of Tenant's business or other activity carried on it in the premises, 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, 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 upon the first day of the month following the billing to Tenant of such additional cost by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Medjet Inc)
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 manner, and Tenant shall not suffer or permit the premises or any part thereof (B) to be used in any manner manner, or anything to be done therein therein, or suffer or permit anything to be brought into or kept in the premises which, in the judgment of Landlord, Demised Premises which shall in any way impair or tend to impair the character, reputation or appearance of the Building as a first-class office building, materially and adversely 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 premisesDemised Premises, or impair or interfere with or tend to materially and adversely 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. 's Premises.
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 business or other activity carried on it in the premisesDemised Premises, Tenant, at Tenant'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 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.
Appears in 1 contract
Use of Premises. The Tenant shall occupy and use the Demised Premises during the Lease Term for the purpose above specified and none other and:
A. the Tenant will not make or permit to be made any use of the Demised Premises which, directly or indirectly, is forbidden by public law, ordinance or governmental regulation or which may be dangerous to persons or property or which may invalidate or increase the premium cost of any policy of insurance carried on the Building or covering its operations; the Tenant shall no do, or permit to be done, any act of thing upon the Demised Premises which will conflict with fire insurance policies covering the Building. The Tenant, at its sole expense, shall comply with all rules, regulations or requirements of the Illinois Inspection and Rating Bureau, or any other similar body, and shall not do, or permit anything to be done, upon said Demised Premises, or bring or keep anything thereof in violation of rules, regulations or requirements of the Fire Department, Illinois Inspection and Rating Bureau, Fire Insurance Rating Organization or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the rate of fire insurance applicable to the Building;
B. any sign installed in the Demised Premises shall be installed by Landlord at Tenant's cost and in such manner, character and style as Landlord may approve in writing;
C. the Tenant shall not advertise the business, profession or activities of the Tenant conducted in the Building in any manner which violates the letter of 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 or any part thereof, or permit name of the premises or any part thereof to be used, Building for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions that of this Lease. Those portions, if any, business address of the premises which on Tenant, and shall never use any pictures or likeness of the plan(s) attached hereto are shown as toilets Building in any circulars, notices, advertisements or correspondence without the Landlord's express consent in writing;
D. the Tenant shall not obstruct, or use for storage, or for any purpose other than ingress and utility areas egress, the sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators and stairways of the Building;
E. no bicycle or other vehicle and no dog or other animal or bird shall be used by Tenant only for brought or permitted to be in the purposes for which they are designed. Tenant will not at any time use or occupy the premises Building or any part thereof, or permit ;
F. 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 make or permit the use of the premises any noise 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 odor that is objectionable 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 other occupants of the Building as to emanate from the Demised Premises, and shall not crate or maintain a first-class office buildingnuisance thereon, impair and shall not disturb, solicit or interfere with or tend to impair or interfere with canvass 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 occupant of the Building. , and shall not do any act tending to injure the reputation of the Building;
G. the Tenant shall not install any electrical musical instrument or equipment in the Building, or any antennae, aerial wires or other equipment of inside or outside the Building, without in each and every instance, prior approval in writing by the Landlord. The use thereof, if permitted, shall be subject to control by the Landlord to the end that others shall not be disturbed or annoyed;
H. the Tenant shall not waste water by tying, wedging, or otherwise fastening open any kind which, in faucet;
I. no additional locks or similar devices shall be attached to any door. No keys for any door other than those provided by 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 premisesLandlord shall be made. If any governmental license more than two keys for one lock are desired by the Tenant, the Landlord may provide the same upon payment by the Tenant. Upon termination of this Lease, or permit of the Tenant's possession, the Tenant shall surrender all keys of the Demised Premises and shall make known to the Landlord the explanation of all combination locks on safes, cabinets and vaults;
J. the Tenant shall be required responsible for the proper locking of doors in and lawful conduct to the Demised Premises. Any damage resulting from neglect of this clause shall be paid for by the Tenant;
K. if the Tenant desires telegraphic, telephonic, burglar alarm or signal service, the Landlord will, upon request, direct where and how connections and all wiring for such service shall be introduced and run. Without such direction, no boring, cutting or installation of wires or cables is permitted;
L. shades, draperies and other forms of inside window coverings must be of such shape, color and material as approved by the Landlord;
M. the Tenant shall not overload any floor. Safes, furniture and all large articles shall be brought through the Building and into the Demised Premises at such times and in such times and manner as the Landlord shall direct and at the 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.sole risk
Appears in 1 contract
Samples: Office Lease (Vasco Data Security International Inc)
Use of Premises. Section 2.01 Use The Tenant shall use and occupy the Demised Premises for offices and warehousing, of computers and computer parts as well as the servicing of computers. At no time during this Lease may tenant store, upon the premises, hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to section 311 of the "Federal Water Pollution Act, amendments of 1972" (33 U.S.C. Section 1321) and the list of toxic pollutants designated by Congress or its Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). Such use does not permit the stacking of merchandise or materials against the exterior walls, so as to create a load or weight factor upon such walls, or to tie in, Tenant's racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the premises Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder or which will cause or be likely to cause structural damage to the Building or any part thereof, or permit the premises likely to cause or any part thereof to be usedconstitute an environmental hazard as hereinafter provided or which will constitute a public or private nuisance, for any purpose other than the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions as defined by a court of competent jurisdiction 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 Demised 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 occupied in any manner which will violate any present or anything future laws or regulations of any governmental authority. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be done therein or suffer or permit anything to be brought into or kept conducted in the premises which, in Demised Premises or is lawful under the judgment Certificate 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 permitOccupancy.
Appears in 1 contract
Samples: Lease (Viewcast Com Inc)
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. 14.1 Tenant shall use and occupy the Premises throughout the Term only for general office purposes. Notwithstanding anything to the contrary herein, Tenant shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, on reasonable terms and conditions provided by Landlord. At Tenant's sole cost and expense, Tenant shall have use of the HVAC systems pertaining to the Premises twenty-four (24) hours a day, seven (7) days a week.
14.2 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 or allow the premises or any part thereof, or permit the premises Premises or any part thereof to be used or occupiedoccupied for any objectionable, offensive or immoral purpose, or in violation of any of the insurance policies referred to in Section 8 hereof, or in contravention of any Law, Insurance Board Order, certificate of occupancy (temporary or final) issued for other Permit covering or affecting the use or occupancy of the Office Building and/or Project or any part thereof, or in any manner which, in Landlord's reasonable judgment, would adversely affect the premisesappearance, condition, safety, character, reputation or value of the Premises or the Office Building Project or the proper or efficient rendering of any utility or service to all or any part thereof, or which could reasonably be expected to be offensive or objectionable, or which interferes with the quiet enjoyment of the Office Building Project by Landlord or the other occupants or users thereof. Tenant shall not xxx cause any act to be done or permit any condition to exist at the Premises or any part thereof which may constitute a public or private nuisance or which may make unobtainable, cause a cancellation of or increase the existing rate for any insurance with respect to the Office Building Project, or which may violate any provision of this Lease. If Tenant's use of the Premises results in any increase in insurance premiums for the Office Building Project or any part thereof, Tenant shall, within five (5) days after written demand, pay the amount of such increase to Landlord as Additional Rent.
14.3 Tenant agrees that it shall neither create nor suffer to exist any easement, license, or right of access across the Premises in favor of any person or entity without the prior written consent of Landlord.
14.4 Tenant shall keep the Premises free of any objectionable noises or odors, and shall neither dump nor store waste materials or refuse or allow the same to remain in, on or about any part of the Premises or the Office Building Project except in enclosed receptacles provided by Tenant and located in areas designated by Landlord. Tenant agrees to cause such receptacles to be emptied and trash removed at its own expense on a sufficiently frequent basis to keep the designated areas sightly and sanitary.
14.5 Tenant shall not use or allow the Premises or any portion thereof to be used for the conduct of any retail business (including, without limitation, as a second-hand store, auction site, or distress, fire, bankruptcy or going-out-of-business sale), or as a place of lodging or manufacturing, or for the storage of merchandise (except as such storage may be incidental to the use of the premises Premises for the purposes permitted under Section 14.1 hereof).
14.6 Tenant shall not store, display or sell merchandise, or allow the same to be stored, sold or displayed, or allow any part thereof in other objects to be stored or kept, or conduct any way which would violate any business, operation, occupation or undertaking, outside the exterior walls of the covenantsOffice Building, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Tenant shall not suffer use or permit the premises or any part thereof to be used any flashing light, rotating device, musical instrument, loudspeaker, sound amplifier, phonograph or radio or television broadcast in any a manner which can be heard, seen 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 experienced outside 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 permitPremises.
Appears in 1 contract
Samples: Office Building Lease (eTelecare Global Solutions, Inc.)
Use of Premises. Tenant Lessee shall use and occupy the Premises for general office space, computer network operations center, equipment testing and staging, a 24-hour 7-day per week call center help line, a training facility and uses ancillary to the foregoing and for no other purpose. 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, Premises in violation of law or of the certificate Certificate of occupancy (temporary Use or final) Occupancy issued for the Building and/or of which the premises. Tenant Premises are a part, and shall not xxx or permit the immediately discontinue any use of the premises Premises which is declared by either any governmental authority having jurisdiction or the Lessor to be a violation of any part thereof in law, code, regulation or a violation of said Certificate of Use or Occupancy. Lessee shall comply with any way direction of any governmental authority having jurisdiction which would violate any shall, by reason of the covenantsnature of Lessee's use or occupancy of the Premises, agreements, terms, provisions and conditions of this Lease impose any duty upon Lessee or for any unlawful purposes Lessor with respect to the Premises or in any unlawful manner and Tenant with respect to the use or occupation thereof. Lessee shall not suffer or do nor permit the premises or any part thereof to be used in any manner or anything to be done therein anything which will invalidate or suffer increase the cost of any fire and extended coverage insurance policy covering the Building and/or property located therein, and shall comply with all rules, orders, regulations and requirements of the appropriate Fire Rating Bureau or any other organization performing a similar function. Lessee shall promptly upon demand reimburse Lessor for any additional premium charged for such policy by reason of Lessee's failure to comply with the provisions of this paragraph. Lessee shall not 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 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 lessees or occupants of the Building. Tenant , or use or allow the Premises to be used for any immoral, unlawful or objectionable purpose, nor 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 Lessee maintain or permit shall be required for any nuisance or commit any waste in, on or about 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
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. 7.1. Tenant shall use and occupy the Premises during the continuance of this Lease solely for the Designated Use set forth in Section 1.17 hereof, and for no other purpose or purposes without the prior written consent of Landlord, which consent may be withheld or granted in Landlord’s sole discretion. No other person or entity other than Tenant (or a permitted subtenant under section 14.1) shall occupy all or any portion 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, 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 Project 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 prohibited uses described on Exhibit C. In no event shall Tenant use the Premises 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 Project 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’s judgment, shall in any way impair is 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 may be inconsistent with the use operation 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, a similar building in the judgment of LandlordNaples, 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 premisesFlorida area. 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 or if a failure to procure such a license or permit might or would, in any way, affect Landlord or the Project, 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, at all times, comply with the terms and conditions requirements of each such license and permit. Tenant agrees to indemnify, defend and hold harmless Landlord, its licensees, invitees, agents, employees and contractors, from any loss, damage, claim, liability or expense, (including attorney fees) of any kind, type or description, including without limitation, claims for bodily injury, disease, death, property damage or environmental clean-up arising directly or indirectly out of or in connection with Tenant’s failure to obtain or comply with any such license or permit.
7.2. Tenant shall not use or permit any person to use the Premises in any manner which violates or would create liability under federal, state or local laws, ordinances, rules, regulations or policies. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous or flammable substances or materials. Tenant shall not allow the storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Project any such materials or substances except to use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the identity of such substances or materials. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local law and the regulations adopted under these acts. 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 or flammable substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease against any liability resulting from any release of hazardous or flammable substances or materials on the Premises during the Term of this Lease, or caused by Tenant or persons acting under Tenant. Landlord shall indemnify Tenant against any liability resulting from any release of hazardous or flammable substances or materials on the Project on or before the date of this Lease, or by Landlord or persons acting on Landlord’s behalf on or after the date of this Lease.
7.3. 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 (office space 50psi live, 40psi dead and storage space 125 psi live and 40psi dead) or that which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, machines and 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 closed, darkened or covered for any reason whatsoever, including Landlord’s own acts, Landlord shall not be liable for any damage Tenant may sustain thereby, and the Landlord shall not be considered in default under this Lease and Tenant shall not be entitled to any compensation therefor 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.
7.4. Tenant shall not do or permit to be done any act which will invalidate or be in conflict with any insurance policy carried by or for the benefit of Landlord with respect to the Project or which might subject Landlord to any liability, nor shall Tenant keep anything in the Premises except as permitted by the fire department, board of fire underwriters, or other authority having jurisdiction, and then only in such manner as not to increase the insurance rate for the Project or Landlord, nor use the Project in a manner which will increase the insurance rate for the Project or Landlord.
7.5. Tenant shall abide by the commercially reasonable building and parking area rules and regulations and any reasonable modifications or amendments by Landlord (the “Rules and Regulations”). The initial set of Rules and Regulations is attached as Exhibit B.
7.6. Tenant represents that it is not affiliated with any of the entities (or their respective wholly-owned subsidiaries) listed on Exhibit C attached hereto.
Appears in 1 contract
Use of Premises. A. The Premises shall be used for the Permitted Uses and no others. 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 Premises to be occupied or 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 purpose which is unlawful in part or in whole or deemed to be disreputable in any part thereofmanner, or extra hazardous on account of fire, nor 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 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. Tenant will conduct its business and control its agents, employees and invitees in such a manner as not to be brought into create any nuisance, nor unreasonably interfere with, annoy, or kept disturb other tenants or Landlord in the premises whichmanagement of the Building.
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 Laws applicable to the use and its occupancy of the 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 judgment Premises, all at Tenant's sole expense. If, as a result of any change in Laws the Premises must be altered to lawfully accommodate Tenant's use and occupancy, such alterations shall be made only with the consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, 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.
C. Tenant will maintain the Premises (including all fixtures installed by Tenant, water heaters within the Premises and plate glass) in good repair, reasonable wear and tear excepted, and in a clean and healthful condition, and comply with all Laws with reference to condition, or tend to impair occupancy of the 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, which shall not be unreasonably withheld, conditioned or appearance 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. At termination of this Lease, upon its expiration or otherwise, Tenant shall deliver up the Premises with all improvements located thereon (except as herein provided) in good repair and condition, reasonable wear and tear excepted, broom clean and free of all debris.
D. Tenant shall pay upon demand as additional rent the full cost of repairing any damage to the 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 Property as a first-class office buildingresult of Tenant's business activities or resulting from Tenant's default hereunder.
E. The current rules and regulations are described in Exhibit D. 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 safety, impair or interfere with or tend to impair or interfere with any of the Building services or the proper care, and economic heating, cleaning, air conditioning or other servicing cleanliness of the Building or the premisesProperty and copies thereof will be forwarded to Tenant. Tenant will comply fully with such rules and regulations. Notwithstanding the foregoing, or impair or interfere with or tend to impair or interfere with the use of any of the Landlord shall not discriminate against Tenant in enforcing such other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingrules and regulations. Tenant shall further be responsible for the compliance with such rules and regulations by Tenant's employees, servants, agents and visitors.
F. Tenant agrees that Tenant, its agents and contractors, licensees, or invitees shall not install handle, use, manufacture, store or dispose of any electrical flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, asbestos, PCB's, petroleum products or derivatives or other equipment similar substances (collectively "Hazardous Materials") on, under, or about the Premises; provided that Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials, which products are of a type customarily found in offices and households (such as toner for copies, and the like); provided further that Tenant shall handle, store, use and dispose of any kind whichsuch Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to contaminate the Premises, in the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience Building or annoyancethe environment. Except as set forth in Article 1 hereof, Tenant will not, and further agrees that Tenant will not permit anyone toany substance to come into contact with groundwater under the Premises. Any such substance coming into contact with groundwater shall, sell regardless of its inherent hazardous characteristics, be considered a Hazardous Material for purposes of this Lease.
G. Without limiting the above, Tenant shall reimburse, defend, indemnify and hold Landlord harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including without limitation, loss of rental income, loss due to business interruption, and attorney’s fees and costs, arising out of or traffic in any spirituous liquorsway connected with the use, winemanufacture, ale storage, or beer disposal of Hazardous Materials by Tenant, its agents or contractors on, under or about the Premises including, without limitation, the costs of any required or necessary investigation, repair, cleanup or detoxification and the preparation of any closure or other required plans in connection therewith, whether voluntary or from compelled by governmental authority. The indemnity obligations of Tenant under this clause shall survive any termination of the premises or carry on any manufacturing in the premisesLease. If any governmental license or permit shall be required for the proper and lawful conduct Any of Tenant's business insurance insuring against claims of the type dealt with in this Paragraph shall be considered primary coverage for claims against the Premises arising out of or other activity carried on it under this Paragraph.
H. Landlord hereby represents to Tenant that Landlord has not received any written notice of violations of Laws with respect to Hazardous Materials in or about the premises, Tenant, at Premises which would materially affect Tenant's expense, shall duly procure and thereafter maintain such license or permit and submit ordinary use of 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
Use of Premises. Tenant Licensee represents, warrants, and agrees that: The number of persons admitted to the Program or any rehearsal, shall not use exceed the Licensor’s then current Certificate of Occupancy limit; During each Program or rehearsal, Licensee shall be in compliance with all applicable laws, codes, rules, and regulations of governmental departments and agencies having jurisdiction; Licensee shall not permit outside food or beverages to be taken into the Premises; Licensee shall comply, and shall cause each of its directors, officers, employees, agents, contractors, visitors, performers, invitees and all other persons on or about the Premises with the consent of Licensee or otherwise in connection with the Program (each a “Licensee Party”) to comply with all reasonable requests of Licensor and its personnel relating to the management and occupation of the Premises; Licensee will not do or permit to be done in the Premises or keep anything therein which will in any way incur any risk of fire or other damage to the building or premises or any part thereofincrease the rate of insurance, including but not limited to fire insurance, on the premises, building, 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 thereofproperty therein, or permit the premises or any part thereof to which would be used or occupied, in violation of any of the certificate terms of occupancy (temporary or final) issued for any insurance policy affecting the Building and/or the premises. Tenant Licensor; Licensee shall not xxx block or permit in any way obstruct any portion of the sidewalks, entrances, passages, vestibules, halls, elevators or ways of access to, from or within the Premises; In any Program, Licensee shall not permit, by any means or by the taking of any action, the use of the premises any language that is unlawful or that in Licensor’s reasonable determination may be libelous, slanderous, offensive, harassing, objectionable, or violative of any part thereof in any way which would violate any person’s right of the covenantsprivacy or other legal or contractual rights. Licensee shall not injure, agreementsdamage, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner deface 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 cause or permit anything to be brought into or kept in done whereby the premises which, in the judgment of Landlord, Premises shall be in any way impair manner injured, damaged, marred, or tend defaced. Licensee shall not make or allow to impair the character, reputation or appearance be made any alterations of any kind of the Building as a first-class office building, impair Premises. Licensee will pay to Licensor the cost of repairing any damage which may be done to The Apollo Theater or interfere with or tend to impair or interfere with any of the Building services fixtures or furnishings thereof by any act of Licensee or any Licensee Party; and Licensee hereby assumes and accepts full responsibility for the proper and economic heating, cleaning, air conditioning acts or other servicing omissions of all Licensee Parties or for any injury or damage caused by any act or omission of Licensee or any Licensee Party. Licensee acknowledges that Licensor reserves the Building right to eject any person from or the premises, or impair or interfere with or tend to impair or interfere with the use refuse admission of any of person to the other areas of the Building by, Premises and Licensee expressly waives any right to any damages for such ejection 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 permitrefusal.
Appears in 1 contract
Samples: Venue License Rental Agreement
Use of Premises. Tenant X. Xxxxxx 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 Minneapolis Community Garden Lease Agreement Standards as approved by the Minneapolis City Council on , 2010, and for no other purposes; provided that Lessee shall, at its sole cost and expense, procure any and all necessary permits, certificates, licenses, or other authorizations required for said purposes.
B. Lessee 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, including illegal discrimination, zoning use, pornography, gambling or drug related activities.
C. Lessee shall not use or permit others to use the Premises for political activities, sectarian, religious, or anti-religious activities, lobbying, political patronage, unionization or anti- unionization activities.
X. Xxxxxx 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, affectional preference, 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. 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 .
E. 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 hazardous substances, hazardous wastes, pollutants, contaminants or any part thereof petroleum based products as those terms are defined and/or regulated under any Federal, State of Minnesota or local statute, ordinance, code or regulation, except Lessee may use such substances described above as may be required in any way which would violate any the necessary or customary operation of the covenantsLessee’s permitted use on the Premises, agreementsprovided such use is in accordance with all applicable laws and regulations, termsand in the event any such substances are found on or within the Premises, provisions the Lessee will be responsible for any and conditions all liabilities from such substances on or within the Premises and the removal and/or remediation of such substances and the Lessee hereby indemnifies the Lessor for the same, as provided in Section 8 herein.
F. In the use of the Premises the Lessee shall comply with the following Community Garden Lease Agreement Standards:
1. Lessee may place accessory buildings on the Premises for the storage of tools, equipment and garden supplies as permitted by the City’s Building Code and Zoning Code.
2. Lessee may only place improvements and fixtures, like fences, walls, lighting, benches, etc., on the Premises pursuant to a site plan submitted to and approved by the Lessor.
3. Lessee shall provide soil test results, if not previously tested, for the Premises to the Lessor 30 days prior to the start of the Lease Term.
4. If required by soil test results, Lessee shall provide raised bed gardens with at least 12 to 18 inches of clean top soil for edible vegetable and fruit gardens or garden plots.
5. Lessee shall provide and be solely responsible for the use, maintenance and cost of all utilities required for the operation of the community garden on the Premises, including water and electricity.
6. Lessee shall operate and maintain the Premises in a neat and orderly manner and in accordance with all applicable City ordinance requirements, including erosion control, weed control, trash pick-up, and snow shoveling on a daily basis; and by November 30 of each year of the Lease Term, Lessee shall have completed end of the growing season maintenance and prepared the Premises for winter.
7. In residential areas, Lessee shall not permit gardeners to enter the Premises before 8:00 a.m. or be on the Premises after 10:00 p.m. Lessee shall also require gardeners to conduct their activities on the Premises in a manner that does not disturb the peaceful and quiet enjoyment of the residents who live in the neighborhood or create nuisances as prohibited by City Ordinance.
8. In accordance with Section 1(E) 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 whichLease, Lessee shall, 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 petroleum-based products, fertilizers, pesticides and other chemicals on the other areas of Premises, take all necessary and reasonable precautions to use and store such products and chemicals on 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, Premises in the judgment of Landlordamounts and manner as permitted by law, might cause any such impairment, interference, discomfort, inconvenience ordinance or annoyanceregulation.
9. Except as set forth in Article 1 hereof, Tenant No on-site parking will not, and will not permit anyone to, sell or traffic in any spirituous liquors, wine, ale or beer in or from be allowed on 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: Lease Agreement
Use of Premises. (a) Tenant has leased the Premises after a full and complete examination thereof. Except as otherwise provided in this Lease, Tenant accepts the same "as is" and without any representation or warranty by Landlord, express or implied in fact or by law, and without recourse to Landlord, as to the title thereto, the nature, condition or usability thereof or the use or uses to which the Premises or any part thereof may be put. Tenant will not occupy or use, or permit any of Tenant's agents, employees, and invitees or all persons claiming under Tenant to occupy or use, any portion of Leased Premises for (i) any business or purpose other than as a hangar for jet airplanes (and parking of cars belonging to those using the Hangar), with all requisite parking and taxiing area uses, and all lounge, shop and office space uses, and all other uses incidental to the use and operation of an airport hangar, or (ii) any use or purpose which is unlawful in part or in whole. Tenant will not do, or permit any of Tenant's agents, employees, and invitees or all persons claiming under Tenant to do, anything which will, to Tenant's knowledge, render void Landlord's fire insurance policy covering the Leased Premises and/or its contents.
(b) Tenant shall at its own cost and expense promptly obtain any and all licenses and permits (except the initial certificate of occupancy for the Building) necessary for any permitted use of or Alterations to the Hangar Space and the Office Space by Tenant. Tenant shall comply with all Requirements applicable to Tenant's use and occupancy of the Hangar Space, the Office Space, and any other portion of the Leased Premises, and shall promptly comply with all governmental orders and directives, whether issued to Landlord or Tenant, for the correction, prevention and abatement of any violations of or nuisances prohibited by any applicable Requirements which are created or caused by Tenant, or its agents or employees, in or upon, or in connection with Tenant's use of, the Leased Premises, all at Tenant's sole cost and expense. Tenant may contest any such order or directive provided that Tenant shall first provide Landlord with reasonable assurances that such contest will not jeopardize Landlord's interest in the Leased Premises or result in any default under any obligation of Landlord to any Mortgagee (as hereinafter defined) or other lender having a security interest in all or a portion of the Leased Premises. If, as a result of any change in any applicable Requirements, the Hangar Space or the Office Space must be altered to lawfully permit Tenant's specific use and occupancy thereof, such alterations shall be made by Tenant, and the premises entire cost shall be borne by Tenant, provided, that in no event shall Tenant be obligated to make or pay for any alterations or repairs which, as a result of any such change, may be required to be made to any portion of the Leased Premises other than the Hangar Space or the Office Space.
(c) Tenant will not without the prior written consent of Landlord (not to be unreasonably withheld) install any signs, window or lettering on or about the exterior of the Leased Premises.
(d) Tenant shall pay, as additional rent, within thirty (30) days of Tenant's receipt of a xxxx, for the costs of repairing any damage to the Leased Premises or such portion thereof which results from or is caused in whole or in part by (i) the negligence or willful misconduct of Tenant, its agents, employees, contractors and invitees, or (ii) the failure of Tenant to perform its obligations under this Lease, in any case unless and to the extent that such costs are or will be paid under the insurance policies described in this Lease.
(e) Tenant shall comply, and shall cause Tenant's agents, employees, and invitees to comply, fully with all rules and regulations of the Airport of which Tenant has received written notice. 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 safety, care, and cleanliness of the Airport and for the preservation of good order therein and which affect all other Airport tenants with comparable permitted uses, and Landlord agrees to require compliance with and enforce such rules in a non-discriminatory manner. Copies of all rules and regulations, changes and amendments will be forwarded to Tenant 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.
(f) Upon the termination of this Lease, at its expiration or otherwise, Tenant shall deliver up the Hangar Space and Office Space with all Alterations located therein (except as otherwise provided herein) in good repair and condition, reasonable wear and tear and casualty excepted, clean and free of all debris.
(g) Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any damage to any property or any injury to any person in or about the Premises or the Building by or from any cause whatsoever, (including without limiting the foregoing, rain or water leakage of any character from the roof, windows, walls, basement, pipes, plumbing works or appliances, the Building not being in good condition or repair, gas, fire, oil, electricity or theft). Landlord shall not be responsible or liable for any damage or injury to any property or to any person or persons at any time on the Premises; nor shall Landlord be in any way responsible or liable in case of any accident or injury to any of Tenant’s servants, employees, or agents, or to any person or persons in or about the Premises; and Tenant agrees that it will not hold Landlord in any way responsible or liable therefor and will further indemnify and hold harmless Landlord from and against any and all claims made by any party and all liability, penalties, damages, expenses and judgments arising from injury to persons or property of any nature and also for any matter or thing which shall or may happen in or upon, growing out of the occupation of or otherwise in connection with the Premises; however, the foregoing provisions of this Section shall not apply to any claims, liability, injury, damage or thing caused by a negligent act or willful misconduct on the part of Landlord or their agents, servants or employees.
(h) Landlord reserves the right, but shall not be obligated to the Tenant, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of the Tenant in this regard.
(i) Landlord reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from erecting, or permitting to erect, any building or other structures on the Airport which, in the reasonable opinion of Landlord, could limit the usefulness of the Airport or constitute a hazard to aircraft.
(j) Landlord, upon written request and reasonable advance notice to Tenant, shall have the right to show the Premises, at such times as Landlord and Tenant may agree (which may be after regular business hours) and in a manner so as not to interfere with the business being conducted thereon, to any prospective tenants or other interested parties and may enter upon the Premises, or any part thereof, or permit the premises or any part thereof to be usedupon such request and notice and at such times, for any purpose other than such purpose. In addition, upon such request and notice and at such agreed upon times, Landlord may during the use hereinabove specifically mentioned, subject, however, to all the covenants, agreements, terms, provisions and conditions term of this Lease enter upon the Premises for the purpose of ascertaining the condition of same or whether Tenant is observing and performing the obligations assumed by it under this Lease. Those portions.
(k) Tenant, if anyits agents, employees, customers and invitees shall have the right to use, in common with others now or hereafter authorized, the common facilities of the premises which on Airport, including, without limitation, the plan(s) attached hereto are shown as toilets landing field, runways, aprons, taxiways, floodlights, landing lights, control tower, signal tower, radio aids, and utility areas all other conveniences for flying, landing and take-off of aircraft ("Common Airport Facilities"). All such use shall be used by Tenant only for in accordance with 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 laws of the certificate United States of occupancy (temporary America, the State of Delaware, and the rules and regulations promulgated by their authority with reference to aviation and air navigation, and in accordance with all reasonable and applicable rules, regulations and ordinances of Landlord now in force or final) issued for the Building and/or the premiseshereafter prescribed or promulgated by ordinance or law. Tenant shall not xxx be restricted in the number of landings and takeoffs conducted at the Airport in aircraft owned or permit operated by or for Tenant. Nothing herein contained shall be deemed to grant to Tenant any exclusive right for the use conduct of any activity on the Airport within the meaning of Section 308A of the premises or any part thereof in any way which would violate any Federal Aviation Act of 1958, as amended, 49 U.S.C. § 1349a, except that Tenant shall have the exclusive right to possession of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner and Premises.
(l) Tenant shall not suffer or permit the premises or any part thereof to pay a fuel flowage fee in accordance with Airport rules and regulations. Fuel flow fees shall 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 whichpaid on a monthly basis, in arrears, on or before the judgment of Landlord, shall in any way impair or tend to impair the character, reputation or appearance tenth day of the Building as a first-class office building, impair or interfere with or tend to impair or interfere with any following month. Payments made after the tenth day of the Building services or the proper month in which due shall be subject to a late fee of one and economic heating, cleaning, air conditioning or other servicing one-half percent (1 1/2%) of the Building total amount outstanding. On or before the premisesseventh (7th) day of each month, or impair or interfere with or tend Tenant shall deliver to impair or interfere with Landlord a report detailing all landings at the use of any of Airport by Tenant's customers during the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Buildingpreceding month. Tenant shall not install any electrical or other equipment of any kind which, in submit to Landlord the judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyanceprescribed State gasoline forms showing deliveries to the Tenant and sales by 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 the premises or carry on any manufacturing in the premises. If any governmental license or permit Such form shall be required submitted by the twentieth (20th) day of the month following the month of account. Landlord may require Tenant to submit for the proper examination any other forms evidencing fuel transactions between Tenant 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 permitany third party.
(m) Operating Standards.
Appears in 1 contract
Samples: 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, 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.; 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 1 contract
Samples: Office Lease (Aethlon Medical Inc)
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. 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. Tenant shall use the Premises only as set forth in Item 13 of the Basic Lease Provisions and shall not use the premises or any part thereof, or permit the premises or any part thereof Premises to be used, used for any other purpose other than without the use hereinabove specifically mentioned, subject, however, to all prior written consent of Landlord. Landlord covenants that the covenants, agreements, terms, provisions and conditions uses of this the Premises stated in Item 13 of the Basic Lease Provisions will be uses permitted by the zoning- ordinance of the Township of Plainsboro on the Commencement Date of the Lease. Those portions, if any, Tenant shall comply with all laws and covenants and restrictions of record affecting use of the premises which on the plan(s) attached hereto are shown as toilets Premises, 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 immediately 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 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 appropriate fire rating bureau or any part thereof other organization performing a similar function. Tenant shall 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. Such 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 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, 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 Premises. Upon the expiration, or carry on any manufacturing in early termination of the premises. If any governmental license Term of this Lease or permit shall be required for the proper and lawful conduct permanent assignment of this Lease, or subletting of the Premises, or cessation or transferring of Tenant's business operations at the Premises, or other activity carried on it upon any action or non-action of Landlord including a sale of the premisesBuilding in which the Premises are located, Tenant, if its operations are subject to the Environmental Clean-up Laws hereinafter defined, shall comply, at Tenant's own expense, shall duly procure except as hereinafter stated, and thereafter maintain such license or permit with diligence, with the Industrial Site Recovery Act, 1993 N.J. Law's Chapter 139, the regulations promulgated thereunder and submit the same to inspection by Landlordany successor legislation and regulations(collectively "Environmental Clean-up Laws"). Tenant, if its operations are subject to the Environmental Clean-up Laws shall, at Tenant's own expense, except as hereinafter stated, make prompt submissions to, provide all information to and comply with all requirements of the Industrial Site Evaluation Element ("ISEE") or its successor of the New Jersey Department of Environmental Protection or its successor ("NJDEP") arising out of the expiration, termination, assignment, subletting or transferring of Tenant's operation at the Premises or arising out of any action or non-action of the Landlord including the sale of the Building in which the Premises are located. If Landlord's actions or non-actions including a sale of the Building in which the Premises are located necessitate compliance with Environmental Clean-up Laws, Landlord, at its expense, will make the submissions to NJDEP or any of its elements in order to obtain a statement of non-applicability or negative declaration, but Tenant whether or not it is subject to Environmental Clean-up Laws, will cooperate with Landlord to aid in the making of Landlord's submission by providing information and signing such documents as are necessary for Landlord to make its submission. Clean-up expenses or the making up of any clean-up plan or remedial action work plan, or sampling plan or the taking of any corrective action to comply with Environmental Clean-up Laws and expenses therefore, will be borne by the party whose actions or failure to act necessitated the clean-up. Each party shall, within a reasonable time and receipt of same, furnish to the other party true and complete copies of all documents, submissions, correspondence and oral or written reports, directives, correspondence and oral or written communications by ISEE to the recipient party. Each party shall also promptly furnish to the other party true and complete copies of all sampling and test results and reports obtained and prepared from samples and tests taken at and around the Premises that is obtained by the party first obtaining the results and reports. Tenant shall immediately and diligently cause any and all timesHazardous Materials it, comply its agents, employees, invitees or licensees released in, onto or under or disposed from the Premises during the Term of the Lease to be removed in compliance with all applicable laws, rules, ordinances and regulations and all conditions resulting therefrom to be remediated in compliance with all applicable laws, rules, ordinances and regulations and the Premises restored to their condition without said Hazardous Materials as quickly as possible. any kind arising out of Tenant's failure to provide all information to NJDEP or the Landlord as appropriate make all submissions other than those Landlord is required to make as provided herein, and take all actions required by the NJDEP or any of its divisions. Landlord hereby agrees to defend, indemnify and hold Tenant harmless from and against any and all claims, lawsuits, liabilities, losses, damages and expenses (including, but not limited to, reasonable attorneys' fees arising by reason of any of the aforesaid or any action against the Landlord under this indemnity) arising directly or indirectly from, out of or by reason of (i) any spills or discharges of toxic or hazardous waste or substances at the Premises or Project which occur prior to or during the term of this Lease caused by Landlord, its employees, agents or invitees; or (ii) any pre-existing conditions including underground tanks, which are the subject of federal, state or local environmental laws. Tenant's obligations and liabilities under this Paragraph shall continue so long as Landlord remains responsible for any releases or discharges of Hazardous Materials at the Premises which occur as a result of the acts of Tenant, its invitees or licensees. Tenant's failure to abide by the terms and conditions of each license or permitthis Paragraph shall be restrainable by injunction.
Appears in 1 contract
Samples: Lease Agreement (Diva Systems Corp)
